The use regulations applicable to each zone
within the Township of Morris are as follows.
A.
B.
The following are permitted accessory uses in the
RA-130 Single-Family Residential Zone:
[Added 12-19-2012 by Ord. No. 17-12]
A.
The following are permitted principal uses in the
RA-35 Single-Family Residential Zone:
(1)
Any RA-130 Zone permitted principal use.
B.
The following are permitted accessory uses in the
RA-35 Single-Family Residential Zone:
A.
The following are permitted principal uses in the
RA-25 Single-Family Residential Zone:
(1)
Any RA-130 Zone permitted principal use.
B.
The following are permitted accessory uses in the
RA-25 Single-Family Residential Zone:
B.
The following are permitted accessory uses in the
RA-15 Single-Family Residential Zone:
A.
The following are permitted principal uses in the
RA-11 Single-Family Residential Zone:
(1)
Any RA-130 Zone permitted principal use.
B.
The following are permitted accessory uses in the
RA-11 Single-Family Residential Zone:
A.
The following are permitted principal uses in the
RA-7 Single-Family Residential Zone:
(1)
Any RA-130 Zone permitted principal use.
B.
The following are permitted accessory uses in the
RA-7 Single-Family Residential Zone:
B.
The following are permitted accessory uses in the
RB-7 Multiple-Family Residential Zone:
(1)
Any RA-130 Zone permitted accessory use.
(2)
Off-street parking and loading facilities.
(3)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
B.
The following are permitted accessory uses in the
RG-5 Multiple-Family Residential Zone:
B.
The following are permitted accessory uses in the
SC Senior Citizens Housing Zone:
[Added 9-23-1998 by Ord. No. 13-98;
amended 12-7-2005 by Ord. No. 32-05; 9-20-2006 by Ord. No. 17-06]
A.
The following uses, as defined in § 95-34.2, are permitted principal uses in the PRC Planned Retirement Community Zone:
B.
The following are permitted accessory uses in the
PRC Zone:
(1)
Accessory uses necessary to provide the support services specified in § 95-34.2B(11) to nursing home/long-term care facilities, residential health care facilities, assisted-living residences or any combination of these uses.
(2)
Accessory uses for age-restricted housing as provided in § 95-34.2B(12).
(3)
Any use found by the Planning Board to be permitted
as a matter of law as an accessory use to a permitted principal use.
(4)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
[Added 10-17-2007 by Ord. No. 24-07]
B.
The following are permitted accessory uses in the
TH-4 Townhouse Residential Zone:
D.
Development requirements.
(1)
Maximum density shall be not more than four
dwelling units per gross acre. Gross acreage shall include all area
within the tract boundary lines.
(2)
Building requirements.
(a)
Design.
[1]
No dwelling unit shall have a floor area of
less than 800 square feet.
[2]
Each dwelling unit shall have not less than
two exposures.
[3]
There shall be no more than four dwelling units
in any single building.
[4]
No dwelling unit or group of dwelling units
shall exceed 2 1/2 stories or 35 feet, whichever is less. No
living space shall be permitted above the second floor.
[5]
No more than two adjacent dwelling units may
be constructed without providing a front wall setback of not less
than four feet.
[6]
Common accessory buildings and facilities shall
be designed to harmonize with the overall character of the development
and shall meet the setback requirements set forth herein for groups
of dwelling units.
(b)
Tract setbacks. Each building shall not be less
than 125 feet from any public street, 75 feet from a lot zoned or
used for single-family residential use and 60 feet from any other
tract boundary.
(d)
Parking: in compliance with minimum tract setbacks
and buffers.
(3)
Minimum tract buffers of natural and/or heavily
landscaped buffer, except for driveway crossings by the most direct
route and walking trails:
(4)
All parking shall comply with the requirements
of the New Jersey Residential Site Improvement Standards (RSIS).
(7)
Permitted accessory uses, buildings and structures
for TH-4 developments shall be as follows:
(a)
Recreational, social and communal facilities
for the exclusive use of residents of the community and guests; the
minimum setbacks from all property lines and streets shall be the
same as for principal uses, buildings and structures.
(b)
Active and passive outdoor recreation facilities;
the minimum setbacks from all streets shall be the same as for principal
uses, buildings, and structures, except for driveway crossings by
the most direct route and walking trails.
(c)
Off-street parking areas, which shall be screened
by landscaping and comply with all minimum setbacks and buffers from
property lines and public streets.
(d)
Individual and common mailboxes, which shall
be placed in convenient locations accessible only from interior development
drives and not closer to any street than a principal building.
(e)
A freestanding tablet or monument sign not larger
than six square feet in area and not higher than five feet identifying
the development. Project signage shall be compatible in color, materials
and architectural details with the principal buildings and shall be
set back a minimum of 10 feet from any public street.
(8)
Utilities. Connection to the public water and
sewer system is required for each use permitted in the TH-4 Zone.
All utility and cable runs shall be underground.
(9)
Project design. The following civic design elements,
treatments, and site details shall be applied within the TH-4 Zone
in a manner to be approved by the Planning Board at site plan review:
(a)
Buildings or structures with designs of historic
or architectural style evoking local history and other uses or structures
which create focal points and points of interest within the district;
special ground texture treatments, including the use of paving brick,
concrete paver walks and crosswalks.
(b)
Landscaping site details and street furniture,
including traditional-style benches, decorative trash receptacles,
ornamental tree grates and planters and planting beds edged with Belgian
block, brick or other decorative masonry materials. Interior landscaped
courtyards, atriums, and other greens and common open spaces shall
be favored in the design of site plans and varied design options provided
to the Planning Board for review.
(c)
Street trees which are tolerant of roadway and
parking lot environments, including zelkova, littleleaf linden, honey
locust, green ash, London plane, red maple, bradford callery pear
and redspire pear.
(d)
Fences, low walls and ornamental metalwork,
each not exceeding four feet in height, and hedges are permitted where
appropriate to define on-site open space courtyards, parking areas,
pedestrian walks and like spaces. Masonry elements may include brick,
stone or stucco. All fencing shall be of traditional design and shall
have decorative caps, rails and posts. Chain-link fencing shall not
be used for decorative purposes and shall be used only if black vinyl-coated
and approved by the Planning Board at site plan review for applications
such as dumpster enclosures or security fencing.
(e)
An overall landscaping plan shall be submitted
for the entire development. A detailed landscaping plan indicating
the type, size, and spacing of all grasses, plants, shrubs, and evergreen
and deciduous trees shall also be submitted for each typical townhouse
grouping.
(10)
Lighting. The following outdoor lighting requirements
shall be applicable:
(a)
Site lighting and streetlighting shall be decorative
fixtures and poles in traditional designs. Standard fixture and pole
details shall be obtained from the Township Engineer's office.
(b)
Streets and sites shall provide adequate lighting
with fixtures not exceeding an overall height of 15 feet above grade.
Such fixtures shall minimize adverse visual impacts, such as glare
and overhead sky glow, on adjacent properties and on any public right-of-way.
Light cutoff shields shall be provided where fixtures abut a residential
use and in other locations as directed by the Planning Board.
(c)
Along sidewalks, walkways, courtyards, community
greens and interior open spaces, decorative lampposts not exceeding
12 feet in height shall be installed in accordance with a lighting
plan which shall be approved by the Planning Board with the advice
of the Board Engineer.
(d)
Use of minimum wattage metal halide or color-corrected
sodium light sources is required. Non-color-corrected low-pressure
sodium and mercury vapor light sources are prohibited.
(e)
Building facade lights and yard post lighting
shall be incorporated into the overall lighting plan design; all fixtures
shall be of compatible design and detail with site and streetlights.
(f)
Lighting for the permitted freestanding sign
shall be by an external ground-mounted fixture or fixtures shielded
from adjoining properties and any public street.
(g)
Lighting levels at all property lines shall
not exceed 0.1 footcandle except where driveways meet a public street.
(h)
The provisions of this subsection regulating
the height of lighting fixtures and maximum footcandle levels at property
lines shall be deemed zoning regulations. All other provisions of
this subsection shall be design standards.
(11)
Refuse and recyclables storage. Individual trash
and recyclable storage space shall be provided within the garages
of each townhouse.
(12)
Development fee requirement. The developer of
each townhouse constructed in the TH-4 Zone shall be required to pay
a development fee for such townhouse unit under any development fee
ordinance adopted by the Township of Morris which is in effect at
the time of the issuance of a certificate of occupancy for such unit.
B.
The following are permitted accessory uses in the
TH-6 Townhouse Residential Zone:
B.
The following are permitted accessory uses in the
TH-8 Townhouse Residential Zone:
[Added 5-24-2018 by Ord.
No. 15-18]
B.
The following are permitted accessory uses in the TH-7.5/AH Zone:
(1)
Customary accessory uses to a permitted principal use.
(2)
Off-street parking areas.
(3)
Recreational, social and communal facilities for the exclusive
use of residents and guests; the minimum setbacks from property lines
and streets shall be the same as for principal uses, buildings and
structures.
(4)
Active and passive outdoor recreation facilities for the exclusive
use of residents and guests; the minimum setbacks from property lines
and streets shall be the same as for principal uses, buildings and
structures.
D.
Development and design requirements.
(1)
Maximum density shall not be more than 7.5 units per gross acre.
A minimum of 20% of the total number of units shall be set aside for
low- and moderate-income households.
(2)
No building or structure shall be located less than 35 feet
from the right-of-way of Mt. Kemble Avenue. No building or structure
shall be located closer than five feet from an internal access drive.
(3)
Side yard. There shall be a side yard of not less than 40 feet.
No parking shall be permitted within a side yard.
(4)
Rear yard. There shall be a rear yard of not less than 35 feet.
No parking shall be permitted within a rear yard.
(5)
The width of any individual townhouse unit shall not be less
than 24 feet.
(6)
There shall be no more than four townhouse units in any structure
that does not also include multifamily affordable units.
(7)
There shall be no more than 12 units in any structure containing
a mix of market-rate townhouse and multifamily affordable units.
(8)
Market-rate townhouses shall be no more than three stories and
45 feet in height. However, no more than 60% of the townhouses shall
be three stories and 45 feet in height. The balance of the market-rate
townhouses shall be no more than two stories and 35 feet in height.
Structures containing multifamily affordable units may be constructed
at three stories and 45 feet in height.
(9)
No building or structure containing multifamily affordable units
shall be located closer than 75 feet to the right-of-way of Mt. Kemble
Avenue.
(10)
No townhouse structure in excess of two stories and 35 feet
shall be located closer than 75 feet to the right-of-way of Mt. Kemble
Avenue.
(11)
No more than two adjacent market rate townhouse units may be
constructed without providing a front wall setback of not less than
two feet.
(12)
No structure shall be closer than 25 feet to any other structure.
(13)
The exterior walls of residential structures shall be faced
with brick, cultured or quarried stone, stucco, wood, cementitious
siding or other suitable materials.
(14)
The construction of all dwelling units shall conform to current
state regulations/codes.
(15)
Parking shall be provided in accordance with New Jersey State
Residential Site Improvement Standards (RSIS).
(16)
Common open space shall be set aside for the use and benefit
of residents of the development. At least 25% of the total area shall
be set aside as open space. Common open space shall be subject to
N.J.S.A. 40:55D-43.
(17)
The TH-7.5 AH Zone shall not be subject to the slope disturbance regulations set forth under § 57-160E(4); however, within areas with slopes of 20% or greater, not more than 50% of such slopes may be disturbed.
(18)
Refuse areas shall be designated so as to minimize any detrimental
effect on the character of the development or adjacent properties.
(19)
All utilities shall be underground and the development shall
be served by public water and sewer.
(20)
Development shall maintain a minimum twenty-foot landscaped
buffer to any side lot line to provide an effective year-round screen
which shall consist of either existing vegetation or new plantings,
or where appropriate, a combination of existing and new plantings.
(21)
An overall landscaping plan shall be provided for the development.
(22)
The provision of affordable housing shall be consistent with
all applicable rules of the Council on Affordable Housing (COAH) and
the Uniform Housing Affordability Controls (UHAC), including with
respect to phasing and bedroom distribution.
[Added 5-24-2018 by Ord.
No. 15-18; amended 9-13-2018 by Ord. No. 24-18]
B.
The following are permitted accessory uses in the TH-6/AH Zone:
(1)
Customary accessory uses to a permitted principal use.
(2)
Off-street parking areas.
(3)
Recreational, social and communal facilities for the exclusive
use of residents and guests; the minimum setbacks from property lines
and streets shall be the same as for principal uses, buildings and
structures, except as otherwise provided herein.
(4)
Active and passive outdoor recreation facilities for the exclusive
use of residents and guests; the minimum setbacks from property lines
and streets shall be the same as for principal uses buildings and
structures, except as otherwise provided herein. Recreational paths
not exceeding six feet in width may be located within the fifty-foot
tract boundary setback areas provided that adequate landscaping is
provided to satisfy the intent of the landscape buffering to all exterior
property lines.
D.
Development and design requirements:
(1)
Maximum density shall not be more than six units per gross acre,
but no more than 165 units in the entire zone. Twenty percent of the
total number of units shall be set aside as rental units for low-
and moderate-income households.
(2)
The development may be subdivided into different sections to
distinguish different ownership entities and/or to permit the phasing
of construction provided that the overall development complies with
the standards contained herein. If the development is internally subdivided
no additional bulk requirements shall be applied, beyond those set
forth herein.
(3)
The development shall not be subject to the slope disturbance regulations set forth in § 57-160E(4), however, within areas with slopes of 20% or greater, not more than 40% of such slopes may be disturbed.
(4)
Except for recreational paths, common accessory buildings and
facilities, including recreation, social and communal facilities,
shall be located at least 300 feet from any TH-8 zone boundary line
and shall be designed to harmonize with the overall character of the
development.
(5)
Requirements for townhouses and stacked townhouses.
(a)
Design.
[1]
No dwelling unit shall have a floor area of less than 800 square
feet.
[2]
Each dwelling unit shall have no fewer than two exposures.
[3]
There shall be no more than twelve dwelling units in any building
that contains stacked townhouses and no more than seven dwelling units
in any building that exclusively contains conventional townhouses.
[4]
No dwelling unit or building containing dwelling units consisting
exclusively of conventional townhouses shall exceed 2 1/2 stories
or 35 feet in height. No dwelling unit or building containing dwelling
units consisting of one or more stacked townhouses shall exceed 3 1/2
stories or 45 feet in height. If a stacked townhouse segment exceeds
3 stories in height, the half story shall not be habitable or otherwise
used for dwelling purposes. Maximum building heights shall be measured
at each townhouse or stacked townhouse segment using the finished
grade elevation averaged at the four corners of the townhouse or stacked
townhouse segment. In no event, however, shall the maximum structure
height above the actual finished grade at any point exceed by 33 1/3%
of the maximum permitted height in the zone. For a townhouse within
100 feet of Punchbowl Road or within 100 feet of the boundary with
any TH-8 zone, in no event shall the maximum structure height above
the actual finished grade of the side of the townhouse facing Punchbowl
Road or the boundary with any TH-8 zone, at any point exceed 35 feet.
For a stacked townhouse segment within 100 feet of Punchbowl Road,
in no event shall the maximum structure height above the actual finished
grade of the side of the stacked townhouse segment facing Punchbowl
Road, at any point exceed 45 feet.
[5]
The width of any individual dwelling unit shall not be less
than 22 feet.
[6]
No more than two adjacent dwelling units may be constructed
without providing a front wall setback of not less than two feet and
without providing a rear wall setback of not less than two feet.
(b)
Siting.
[1]
Dwelling front facades shall be set back a minimum of 20 feet
from interior roads if no sidewalk is provided; where sidewalks are
provided a minimum setback of 24 feet from interior roads shall be
provided. Unenclosed entrance porches may protrude up to four feet
into the setback. No part of any dwelling unit shall be closer than
15 feet from any interior roadway.
[2]
Each building containing dwelling units shall not be less than
50 feet from any tract boundary line.
[3]
No building containing dwelling units shall be closer than 30
feet to any other building containing dwelling units, except that
where the sides of a building having a height of 2 1/2 stories
or less face the sides of another building having a height of 2 1/2
stores or less, a twenty-five-foot minimum separation distance shall
apply.
[4]
No stacked townhouse shall be located within 400 feet of any
TH-8 Zone.
(c)
Construction.
[1]
The exterior walls in each group of dwelling units shall be
faced with brick, cultured or quarried stone, stucco, wood, cementitious
siding or other materials suitable in terms of quality, durability
and appearance and approved by the Planning Board.
[2]
The construction of all dwelling units shall conform to current
state regulations/codes.
(6)
Building requirements for multifamily affordable rental units:
(a)
No building shall exceed 3 1/2 stories and 45 feet in height
measured from the finished grade averaged at the four corners of the
building. If the building exceeds three stories in height, the half
story shall not be occupied, inhabited or otherwise used for dwelling
purposes. In no event, however, shall the maximum structure height
above the actual finished grade at any point exceed by 33 1/3%
of the maximum permitted height in the zone. For a building within
100 feet of Punchbowl Road, in no event shall the maximum structure
height above the actual finished grade of the side of the building
facing Punchbowl Road at any point exceed 45 feet.
(b)
There shall be no more than 21 units in any multifamily building.
(c)
No building shall be located less than 75 feet from any tract
boundary line.
(e)
No building shall be located less than 10 feet from a parking
area except where garaged parking is provided within the building.
(f)
Refuse areas shall be located so as to minimize any detrimental
effect on the character of the development or of adjacent properties.
(g)
No building shall be located less than 500 feet from any TH-8
zone.
(7)
Common open space shall be set aside for the use and benefit
of the residents in such development. At least 25% of the total area
shall be set aside as open space, of which 5% shall be in formal recreation
facilities which may include walking, bicycling or other trails. Common
open space shall be subject to N.J.S.A. 40:55D-43.
(8)
All utilities shall be located underground and the development
shall be served by public water and sewer.
(9)
Development shall maintain a minimum twenty-five-foot landscaped
buffer to all exterior property lines to provide an effective year
round screen which shall consist of either existing vegetation or
new plantings, or where appropriate, a combination of existing vegetation
and new plantings.
(10)
An overall landscaping plan shall be provided for the development.
(11)
The provision of affordable housing shall be consistent with
all applicable rules of the Council of Affordable Housing (COAH) and
the Uniform Housing Affordability Controls (UHAC), including with
respect to phasing and bedroom distribution.
[Added 5-24-2018 by Ord.
No. 15-18]
A.
The purpose of the MF-10/AH Overlay Zone is to provide an opportunity
for construction of affordable housing as part of a multifamily inclusionary
development. Such overlay zoning shall neither replace nor supersede
the underlying zone classification, but shall instead provide an additional
development option for those properties within the limits of the district.
Nothing contained herein shall preclude development of any property
within the overlay zone in accordance with its underlying zone classification.
C.
The following are permitted accessory uses in the MF-10/AH Overlay
Zone:
(1)
Customary accessory uses to a permitted principal use.
(2)
Off-street parking areas.
(3)
Recreational, social and communal facilities for the exclusive
use of residents and guests; the maximum setbacks from property lines
and streets shall be the same as for principal uses, buildings and
structures.
(4)
Active and passive outdoor recreation facilities for the exclusive
use of residents and guests; the minimum setbacks from property lines
and streets shall be the same as for principal uses, buildings and
structures.
E.
Development and design requirements:
(1)
Maximum density shall not be more than 12 units per gross acre.
A minimum of 15% of the total number of units shall be set aside for
low- and moderate-income households. The maximum density may be increased
to not more than 15 units per gross acre provided that a minimum of
20% of the total number of units shall be set aside for low- and moderate-income
households.
[Amended 6-21-2023 by Ord. No. 13-23]
(2)
Front yard. There shall be a front yard of not less than 50
feet.
(3)
Side yard. There shall be a side yard of not less than 40 feet.
(4)
Rear yard. There shall be a rear yard of not less than 35 feet.
(5)
The maximum building height shall be three stories and 45 feet.
(6)
The maximum building coverage shall be 30%.
(7)
The maximum impervious surface coverage shall be 60%.
(8)
There shall be no more than eight townhouse units in any single
group of dwelling units.
(9)
Any townhouse unit shall have not fewer than two exposures and
no group of townhouse units shall be closer than 30 feet to any other
group of townhouse units.
(10)
No more than two adjacent townhouse units may be constructed
without providing a front wall setback of not less than four feet.
(11)
There shall be no more than 16 units in any multifamily building.
(13)
No multifamily building shall be located less than 10 feet from
a parking area.
(14)
The exterior walls for residential structures shall be faced
with brick, cultured or quarried stone, stucco, wood, cementitious
siding or other suitable materials.
(15)
The construction of all dwelling units shall conform to current
state regulations/codes.
(16)
Parking shall be provided in accordance with New Jersey Residential
Site Improvement Standards (RSIS).
(17)
Refuse areas shall be designated so as to minimize any detrimental
effect on the character of the development or adjacent properties.
(18)
All utilities shall be underground and the development shall
be served by public water and sewer.
(19)
Development shall maintain a minimum twenty-five-foot landscaped
buffer to all exterior property lines which shall consist of either
existing vegetation or new plantings, or where appropriate, a combination
of existing vegetation and new plantings.
(20)
An overall landscaping plan shall be provided for the development.
(21)
The provision of affordable housing shall be consistent with
all applicable rules of the Council on Affordable Housing (COAH) and
the Uniform Housing Affordability Controls (UHAC), including with
respect to phasing and bedroom distribution.
[Added 5-24-2018 by Ord.
No. 15-18]
A.
The purpose of the MF-12/AH Overlay Zone is to provide an opportunity
for construction of affordable housing as part of a multifamily inclusionary
development. Such overlay zoning shall neither replace nor supersede
the underlying zone classification, but shall instead provide an additional
development option for those properties within the limits of the district.
Nothing contained herein shall preclude development of any property
within the overlay zone in accordance with its underlying zone classification.
B.
The following are permitted principal uses in the MF-12/AH Overlay
Zone:
(1)
Multifamily dwellings.
C.
The following are permitted accessory uses in the MF-12/AH Overlay
Zone:
(1)
Customary accessory uses to a permitted principal use.
(2)
Off-street parking areas.
(3)
Recreational, social and communal facilities for the exclusive
use of residents and guests; the maximum setbacks from property lines
and streets shall be the same as for principal uses, buildings and
structures.
(4)
Active and passive outdoor recreation facilities for the exclusive
use of residents and guests; the minimum setbacks from property lines
and streets shall be the same as for principal uses, buildings and
structures.
E.
Development and design requirements:
(1)
Maximum density shall not be more than 12 units per gross acre.
A minimum of 15% of the total number of units shall be set aside for
low- and moderate-income households. The maximum density may be increased
to not more than 15 units per gross acre provided that a minimum of
20% of the total number of units are set aside for low- and moderate-income
households.
(2)
No building or structure shall be located less than 100 feet
from the right-of-way of Martin Luther King Avenue. No building or
structure shall be located closer than 75 feet from any other right-of-way
or property line.
(3)
The minimum building height shall be three stories and 45 feet.
(4)
The maximum building coverage shall be 35%.
(5)
The maximum impervious surface coverage shall be 70%.
(6)
There shall be no more than 24 units in any multifamily building.
(8)
No multifamily building shall be located less than 10 feet from
a parking area.
(9)
The exterior walls of residential structures shall be faced
with brick, cultured or quarried stone, stucco, wood, cementitious
siding or other suitable materials.
(10)
The construction of all dwelling units shall conform to current
state regulations/codes.
(11)
Parking shall be provided in accordance with New Jersey State
Residential Site Improvement Standards (RSIS).
(12)
Refuse areas shall be designated so as to minimize any detrimental
effect on the character of the development or adjacent properties.
(13)
All utilities shall be underground and the development shall
be served by public water and sewer.
(14)
Development shall maintain a minimum twenty-five-foot landscaped
buffer to all exterior property lines which shall consist of either
existing vegetation or new plantings, or where appropriate, a combination
of existing vegetation and new plantings.
(15)
An overall landscaping plan shall be provided for the development.
(16)
The provision of affordable housing shall be consistent with
all applicable rules of the Council on Affordable Housing (COAH) and
the Uniform Housing Affordability Controls (UHAC), including with
respect to phasing and bedroom distribution.
A.
The following are permitted principal uses in the
B-11 Business Zone:
[Amended 10-21-2020 by Ord. No. 20-20]
B.
The following are permitted accessory uses in the
B-11 Business Zone:
(3)
Accessory storage, within a wholly enclosed permanent
structure, of materials, goods and supplies intended for use on the
premises.
(4)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(5)
Building-integrated solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(7)
Outdoor dining areas subject to the following supplementary standards:
[Added 6-21-2023 by Ord.
No. 11-23]
(a)
Outdoor dining areas shall be permitted as an accessory use
only in conjunction with a restaurant.
(b)
Outdoor dining areas shall be required to obtain site plan approval,
including instances where they are being added to an existing restaurant.
(c)
No amplified music or entertainment shall be permitted within
the outdoor dining area.
(d)
No exterior lighting that illuminates beyond the boundaries
of the property in excess of 1/2 footcandle shall be permitted.
(e)
No signs shall be permitted within the outdoor dining area.
(f)
Outdoor dining areas shall not be located within the public
right-of-way.
(g)
Outdoor dining areas shall not be located within a rear yard
nor within 50 feet of a residential zone boundary.
(h)
The perimeter of the outdoor dining area shall be delineated using permanent or nonpermanent fixtures such as railings, planters or other decorative features. The permanent anchoring of tables, chairs, umbrellas, railings or other fixtures shall be subject to Planning Board approval. Such fixtures shall not be considered accessory structures as defined under Chapter 57, Land Development. The Planning Board may further require that any fixture not permanently anchored shall be removed from the outdoor dining area during any times when the restaurant is not open for business.
(i)
Tables, chairs, umbrellas, railings or other fixtures shall
be of a uniform design and shall be compatible with the restaurant
to which they are accessory.
C.
The following are conditional uses in the B-11 Business
Zone:
[Amended 10-21-2020 by Ord. No. 20-20]
A.
The following are permitted principal uses in the
OL-5 Office and Research Laboratory Zone:
(1)
Office buildings and uses, business, professional
and executive.
(2)
Business using structures wherein office space is
combined with a warehouse and/or the distribution of a product or
products wherein such warehouse and/or distribution are necessary
and incidental to the main office use. In such case, the warehouse
use shall not exceed 10% of the floor area of the building.
(3)
Business using structures wherein office space is
combined with a laboratory or the equipment thereof.
(5)
Public or private day schools.
(6)
Public park, playground, firehouse, library and municipal
buildings.
B.
The following are permitted accessory uses in the
OL-5 Office and Research Laboratory Zone:
(3)
Accessory storage, within a wholly enclosed permanent
structure, of materials, goods and supplies intended for use on the
premises.
(4)
Pilot plants for the testing of manufacturing, processing
or fabrication methods or for the testing of products or materials,
and in no case shall more than 25% of the total floor area be devoted
to such uses. No materials or finished products shall be manufactured,
processed or fabricated on said premises for sale, except such as
are incidental to said laboratory research, design or experimental
work. No manufactured or commercial explosives shall be kept, maintained
or stored on said premises, except in small quantities for laboratory
research, design or experimental use, and then only in compliance
with all applicable federal, state or local safety statutes.
[Added 4-27-1983 by Ord. No. 16-83]
(5)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
C.
The following are conditional uses in OL-5 Office
and Research Laboratory Zone:
A.
The following are permitted principal uses in the
OL-15 Office and Research Laboratory Zone:
(1)
Any OL-5 Zone permitted principal use, except restaurants
and drive-in restaurants.
B.
The following are permitted accessory uses in the
OL-15 Office and Research Laboratory Zone:
(1)
Any OL-5 Zone permitted accessory use.
(2)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(3)
Building-integrated solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(4)
Ground-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(5)
Parking canopy solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(7)
Small wind energy systems.
[Added 10-23-2013 by Ord.
No. 13-13]
C.
The following are conditional uses in the OL-15 Office
and Research Laboratory Zone:
A.
The following are permitted principal uses in the
OL-40 Office and Research Laboratory Zone:
(1)
Any OL-5 Zone permitted principal use, except restaurants
and drive-in restaurants.
B.
The following are permitted accessory uses in the
OL-40 Office and Research Laboratory Zone:
(1)
Any OL-5 Zone permitted accessory use.
(2)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(3)
Building-integrated solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(4)
Ground-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(5)
Parking canopy solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(7)
Small wind energy systems.
[Added 10-23-2013 by Ord.
No. 13-13]
C.
The following are conditional uses in the OL-40 Office
and Research Laboratory Zone:
A.
The following are permitted principal uses in the
I-21 Industrial Zone:
(1)
Any OL-5 Zone permitted principal use.
(2)
Distribution terminals, parcel delivery and service
distribution facilities.
(3)
Lumber and building material sales.
(4)
Contractors' equipment, sales and service.
(5)
Wholesale business storage and warehouses.
(6)
Automobile dealership, including repairs and service,
except service stations.
[Amended 3-25-1992 by Ord. No. 5-92]
(7)
Any light fabrication or assembly operation.
(8)
Essential
service maintenance facility.
[Added 4-15-2009 by Ord. No. 6-09]
B.
The following are permitted accessory uses in the
I-21 Industrial Zone:
(1)
Any OL-5 Zone permitted accessory use.
(2)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(3)
Building-integrated solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(4)
Ground-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(5)
Parking canopy solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord.
No. 13-13]
(7)
Small wind energy systems.
[Added 10-23-2013 by Ord.
No. 13-13]
C.
The following are conditional uses in the I-21 Industrial
Zone:
A.
The following are permitted principal uses in the
CEM Cemetery Zone:
(1)
Cemeteries, including mausoleums, vaults, crypts or
other structures intended to hold or contain dead human bodies.
A.
The following are permitted principal uses in the
OS-GU Open Space — Government Use Zone:
[Amended 10-18-1995 by Ord. No. 40-95; 10-21-2020 by Ord. No.
20-20]
(1)
Public parklands, playing fields, playgrounds, open
spaces, reservoirs, country clubs with golf courses (in existence
on January 1, 1994), tennis courts, swimming pools, government offices,
first aid and emergency squads, firehouses, libraries, museums and
municipal buildings (not including garages, storage yards and solid
waste treatment facilities).
[Amended 4-19-2006 by Ord. No. 9-06]
(2)
Colleges in existence on January 1, 1994.
B.
The following are permitted accessory uses in the
OS-GU Open Space — Government Use Zone:
[Amended 10-18-1995 by Ord. No. 40-95; 10-23-2013 by Ord. No. 13-13]
[Added 12-29-1980 by Ord. No. 36-80]
B.
Permitted accessory uses:
C.
Conditional uses:
(1)
Townhouses, in accordance with the following
requirements:
(a)
Number of townhouses. An applicant may build townhouses at a ratio of 1.25 to 1.75 townhouse units for each single-family detached house capable of being constructed on the site in accordance with Subsection A(2) above. For purposes of computation, the number of single-family detached houses capable of being constructed on the site shall not exceed 1.5 times the gross tract acreage. The exact ratio would be determined by the size of the townhouse units proposed to be built as follows:
|
Size of Townhouse Units
(square feet of floor area)
|
Ratio
(units per single-family detached dwelling)
| |
|---|---|---|
|
Above 2,500
|
1.25
| |
|
Between 2,000 and 2,500
|
1.50
| |
|
Under 2,000
|
1.75
|
|
NOTE: Floor area shall not include
areas devoted to mechanical equipment, inside parking or where the
floor to ceiling height is less than seven feet.
|
(b)
Maximum density. The maximum net density of
land occupied by the townhouses shall not exceed eight units per acre
for units under 2,000 square feet, six units per acre for units 2,000
to 2,500 square feet and four units per acre for townhouse units above
2,500 square feet.
(c)
Minimum open space. As a requirement for the
approval of the townhouse conditional use alternative, not less than
50% of the total area shall be reserved for permanent open space which
may be used for the existing use or for such other nonresidential
uses permitted in the OS-GU Zone or combinations thereof.
(d)
Other requirements.
[1]
There shall be no more than 25 acres occupied
by townhouses in any one location.
[2]
Served by public water and sewers.
[3]
Direct access to an arterial or higher road
classification.
[4]
A minimum buffer of 50 feet shall be maintained
between the proposed development and any abutting exterior property
line, exclusive of required lot dimensions.
[5]
There shall be a minimum distance of 100 feet
of open space between existing property lines of each townhouse development.
[Added 10-18-1995 by Ord. No. 40-95[1]]
The CO Zone is not a separate zone district
but an overlay over portions of the existing OS-GU and RA-130 Zones,
which are intended to remain undeveloped except for certain enumerated
uses consistent with natural open space and conservation values. The
purpose of the CO Zone is to assure that the natural, scenic and open
space character of the lands within it will be retained. The overlay
zone boundary shall coincide with the boundary of the conservation
easement dated September 14, 1992, and recorded between the Morris
County Municipal Utilities Authority (grantor) and the County of Morris
(grantee) as recorded in Deed Book 3648, pages 222 to 233. The following
properties comprise the full extent of the CO Zone for so long as
the same shall remain included within the conservation easements:
|
Conservation Overlay Zone
| |||||
|---|---|---|---|---|---|
|
Block
|
Lot
|
Owner
|
Location
|
Zone
|
Acres
|
|
3201
|
13
|
MCMUA
|
Sussex Avenue to Washington Valley Road
|
OS-GU
|
6.15
|
|
3201
|
14
|
MCMUA
|
Sussex Avenue to Washington Valley Road
|
OS-GU
|
3.021
|
|
3202
|
7
|
Private
|
Washington Valley Road to Whitehead Road
|
OS-GU
|
1.123
|
|
3202
|
6
|
Private
|
Washington Valley Road to Whitehead Road
|
OS-GU
|
5.057
|
|
3701
|
1
|
Private
|
Doe Hill Road
|
OS-GU
|
1.1
|
|
3701
|
2
|
Private
|
Doe Hill Road
|
OS-GU
|
.9
|
|
3701
|
3
|
Private
|
Doe Hill Road
|
OS-GU
|
1.03
|
|
3701
|
4
|
Private
|
Doe Hill Road
|
OS-GU
|
1.03
|
|
3702
|
13
|
Private
|
Whitehead Road
|
OS-GU
|
.7
|
|
3702
|
14
|
Private
|
Whitehead Road
|
OS-GU
|
.83
|
|
3202
|
11
|
Private
|
Washington Valley Road to Whitehead Road
|
OS-GU
|
3
|
|
3202
|
10
|
MCMUA
|
Washington Valley Road to Whitehead Road
|
OS-GU
|
3
|
|
3202
|
9
|
MCMUA
|
Washington Valley Road to Whitehead Road
|
OS-GU
|
3.06
|
|
3202
|
8
|
Private
|
Washington Valley Road to Whitehead Road
|
OS-GU
|
7.52
|
|
3202
|
4
|
MCMUA
|
Washington Valley Reservoir
|
OS-GU
|
669.91
|
|
3601
|
2
|
MCMUA
|
Washington Valley Road
|
RA-130
|
1.74
|
|
3203
|
3
|
MCMUA
|
Whitehead Road to Mendham Township
|
OS-GU
|
8.5
|
A.
The following are permitted principal uses in the
CO Conservation Overlay Zone:
(1)
Public parklands, open spaces and conservation
lands of a passive recreational nature, including walking and biking
trails.
(2)
Single-family residential uses in existence
on September 14, 1992 (for MCMUA land).
(3)
The public uses in existence on September 14,
1992, and those uses and purposes as described and reserved in the
above-referenced easement (for MCMUA land).
[Added 10-1-2012 by Ord. No. 13-12]
B.
The following are permitted accessory uses in the OL-40/PUD Office and Research Laboratory/Planned Unit Development Zone, except that, for planned unit development, Subsection E of this section shall apply:
(1)
Any OL-5 Zone permitted accessory use.
(2)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(3)
Building-integrated solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(4)
Ground-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(5)
Parking canopy solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(7)
Small wind energy systems.
[Added 10-23-2013 by Ord. No. 13-13]
D.
The Schedule of Area, Bulk and Yard Requirements for permitted uses in the OL-40/PUD Office and Research Laboratory Zone is as set forth at the end of this chapter, except that, for planned unit development, Subsection E of this section shall apply.[1]
[1]
Editor's Note: The Schedule of Area, Bulk and Yard Requirements is included as an attachment to this chapter.
E.
Planned unit development regulations.
(1)
Area. The land area required for a planned unit development
shall be a minimum of 145 acres.
(2)
A planned unit development shall contain the following components:
(a)
A Residential East Overlay District consisting of ±38
acres with frontage along Columbia Road and Park Avenue.
(b)
A Residential West Overlay District consisting of ±28
acres with access from Old Turnpike Road.
(c)
A Nonresidential Overlay District consisting of ±81 acres
with frontage along Columbia Road.
[Amended 12-21-2021 by Ord. No. 27-21]
|
Each of the overlay districts described above shall be sized
and located as shown on the Zoning Map.
|
(d)
A mandatory open space set-aside comprising at least 10% of
the tract area. A minimum of 13 acres within the westerly most portion
of the Residential West Overlay District with access from Old Turnpike
Road shall be designated for open space use. Required open space shall
either be permanently deed restricted to open space or dedicated to
the municipality for public open space purposes. Any legal instrument/agreement
providing for private deed-restricted open space shall be reviewed
by the Township Attorney to assure that adequate safeguards are included
providing for its enforcement in perpetuity. If open space is not
dedicated to the Township of Morris, the legal instrument/agreement
shall give the Township the right to perform maintenance and assess
the cost to the property owners benefited thereby in the event the
property owners fail to maintain said open space in accordance with
the same. All provisions of N.J.S.A. 40:55D-43 shall govern the open
space and the organization to be created to maintain it. Open space
may include athletic fields, other active recreational facilities,
and walking trails and passive recreation designed to the extent practical
as part of a contiguous area that preserves and/or enhances natural
site features. Improvements designed to be incidental to the natural
openness of the land (such as, but not limited to, parking area for
users of the open space, recreational or community buildings, and
athletic fields), as well as the following improvements serving the
PUD, shall be permitted within the required open space: access drives,
ponds and related accessory structures used for stormwater management,
underground utilities, and ground-mounted transformers. Open space
set aside pursuant to this subsection, whether or not dedicated to
the Township, shall be deemed to be a part of the PUD tract for purposes
of compliance with all area, floor area ratio (FAR), density and other
bulk and dimensional requirements.
(3)
General development plan required. Any developer seeking approval of a planned unit development shall submit a general development plan to the Planning Board, and the Planning Board shall have approved such plan prior to the filing of an application seeking preliminary major subdivision or preliminary site plan approval pursuant to Chapter 57, Land Development, of the Code of the Township of Morris. The general development plan submission shall be in accordance with Subsection E(11) and the checklist for general development plan approval adopted pursuant to Chapter 57, Article IV, § 57-26.1. Notice of a hearing on a general development plan shall be given in the same manner as notice for preliminary site plan approval under N.J.S.A. 40:55D-12. The hearing on a general development plan shall be governed by the provisions of N.J.S.A. 40:55D-10 and Chapter 57, Article IV, § 57-30, in the same manner as a hearing on an application seeking preliminary site plan approval.
(4)
Permitted principal uses. The following principal uses shall
be permitted in a planned unit development:
(c)
Nonresidential Overlay District:
[Amended 12-21-2021 by Ord. No. 27-21]
[1]
Development may consist of either of the use alternatives set
forth below, but in no event shall there be any combination of same:
[a]
Office/research/laboratory use, which may contain
executive, professional and/or general business offices; research
laboratories; or combined office and research laboratory use.
[b]
Athletic training facilities use, which shall mean
facilities intended for professional, academy and youth sports teams,
and which may include, in addition to outdoor fields, buildings used
for administrative and business offices, gymnasiums and/or field houses,
athletic training and fitness, classrooms, dormitories, a single indoor
athletic field, food-service operations, physical therapy and ancillary
facilities related to athletic training.
(5)
Maximum development yield.
(a)
Notwithstanding any other provisions contained herein, the total
number of townhouse units within the planned unit development shall
not exceed 235.
(b)
Notwithstanding any other provisions contained herein, the total
gross floor area under the office/research/laboratory use alternative
shall not exceed 900,000 square feet. Such square footage shall be
inclusive of any existing buildings to be reused as part of the planned
unit development.
[Amended 12-21-2021 by Ord. No. 27-21]
(c)
Notwithstanding any other provisions contained herein, the total
gross floor area under the athletic training facilities use alternative
shall not exceed 275,000 square feet.
[Added 12-21-2021 by Ord. No. 27-21]
(6)
Permitted accessory uses. The following accessory uses shall
be permitted in a planned unit development:
(b)
Nonresidential Overlay District under the office/research/laboratory
use alternative:
[Amended 12-21-2021 by Ord. No. 27-21]
[2]
Accessory storage, within a wholly enclosed permanent structure,
of materials, goods and supplies intended for use in a principal building
on the same lot.
[3]
Pilot plants for the testing of products or materials. No materials
or finished products shall be manufactured, processed or fabricated
on the premises for sale.
[4]
Up to 12,500 square feet of gross floor area devoted to accessory
retail sales or services intended for employees and visitors, provided
such floor area is located within a principal building devoted to
office and/or laboratory use, and provided further that no exterior
signage identifying such retail sales or service floor area is permitted
and access to said floor area shall be available exclusively from
inside the building.
[5]
Any other use which is subordinate and customarily incidental
to a permitted principal use.
(c)
Nonresidential Overlay District under the athletic training
facilities use alternative:
[Added 12-21-2021 by Ord. No. 27-21]
(7)
Development standards for the Nonresidential Overlay District.
[Added 12-21-2021 by Ord. No. 27-21[2]]
(a)
Development standards for the Nonresidential Overlay District
under the office/research/laboratory use alternative.
[1]
Maximum FAR: subject to Subsection E(5), 0.25. For purposes of computing FAR, all land area shall be counted, including any lands set aside as open space, whether dedicated to public use or not.
[2]
Maximum building height: four stories/55 feet.
[3]
Maximum impervious surface: 55%.
[4]
Maximum building coverage: 15%.
[5]
Minimum building setback to abutting public street: 450 feet.
[6]
Minimum building setback to planned unit development tract boundary
(other than public street): 175 feet.
[8]
Primary access shall be from Columbia Road.
[10]
Design requirements. Recognizing that existing office/research buildings and ancillary parking areas may be reused and that additional principal buildings are contemplated as part of the overall planned unit development, the intent of these regulations is to encourage creative and innovative design and provide flexibility in terms of how existing and proposed new buildings shall visually relate to each other as well as the general landscape. As such, multiple buildings on a lot are permitted, and there shall be no minimum lot area, depth, width or yard requirements governing development other than as established herein. However, the distance between buildings shall be subject to the standards set forth in § 95-35B(1)(b). A lot may be developed without frontage on a public street, so long as such lot is provided access to a public street by means of an improved driveway built in accordance with standards set forth in Article IX, and the right to such access is established by a perpetual easement recorded in the Morris County Clerk's office or otherwise as provided by law.
(b)
Development standards for the Nonresidential Overlay District
under the athletic training facilities use alternative.
[1]
Maximum building height: three stories/50 feet, except that
a single indoor athletic field building shall be permitted to be no
more than 65 feet in height, provided, further, that said building
shall be located at least 400 feet from a Residential Overlay District
boundary.
[2]
Maximum impervious coverage: 35% (for purposes of calculating
impervious coverage, artificial-turf fields shall be included, and
natural-grass fields shall be excluded).
[3]
Maximum building coverage: 10%.
[4]
Minimum building setback to Columbia Road: 450 feet.
[5]
Minimum building setback to planned unit development tract boundary
(other than Columbia Road): 175 feet.
[6]
Minimum building setback to East and West Residential Overlay
District boundary: 125 feet.
[7]
Minimum parking setback: 350 feet from Columbia Road; 100 feet
from a planned unit development tract boundary other than Columbia
Road; and 100 feet from a Residential Overlay District boundary.
[8]
Minimum outdoor field setback, as measured from either the limit
of the field of play or, if there is a fence enclosure, said fence
enclosure: 450 feet from Columbia Road; 100 feet from a planned unit
development tract boundary other than Columbia Road; and 100 feet
from a Residential Overlay District boundary.
[9]
Off-street parking. A detailed parking analysis shall be submitted
as part of an application for site plan approval, and the required
number of off-street parking spaces shall be subject to Planning Board
approval. The analysis shall provide an operational breakdown of parking
demand based on the anticipated number of employees, teams, visitors,
etc., at the facility (and the associated modes of travel to and from)
and the extent to which there will be noncoincidental use of athletic
training facilities/fields. The analysis shall be based on expected
daily, weekly and monthly usage, as well as seasonal variations. In
determining the adequacy of parking, the Planning Board shall consider
the anticipated peak demand at the facility.
[10]
Off-street loading. The number, location and size
of off-street loading spaces shall be subject to Planning Board approval.
[11]
Landscaping/buffering. Areas that are not improved
with buildings, athletic fields, parking and loading areas, internal-access
drives, walkways and signs shall be landscaped with a combination
of existing vegetation and new plantings which may include grass/lawn
areas, evergreen trees, deciduous trees and shrubs in a variety of
species and sizes. In particular, adjacent residential areas, including
the East and West Residential Overlay Districts, shall be appropriately
screened as determined by the Planning Board. A detailed landscaping
plan shall be submitted as part of any application for site plan approval.
[12]
Outdoor lighting shall be permitted, except that
the maximum height shall not exceed 90 feet. Lighting fixtures shall
be shielded to limit spillage beyond the perimeter of any athletic
field and to minimize glare and overhead sky glow. Use of LED light
sources shall be required. No outdoor light structure/fixture shall
be located within 200 feet of a Residential Overlay District boundary.
Building facade lights shall be incorporated into the lighting plan
design, and fixtures shall be of a compatible design and detail.
[13]
Fencing. Fences enclosing athletic fields shall
not exceed a height of 10 feet. Netting designed to prevent balls
from going beyond the limits of the field of play shall be exempt
from this requirement; however, in no event shall such netting exceed
a height of 30 feet. Security fencing shall be permitted subject to
Planning Board approval, but in no event shall such fencing exceed
10 feet in height.
[14]
Signage. A comprehensive sign package shall be
submitted as part of an application for site plan approval and shall
be subject to Planning Board approval. The submission shall include
proposals for the following: freestanding identification signs, wayfinding/directional
signs, building-mounted signs and field fencing windscreen signs.
Team logo and sponsorship information shall be permitted as part of
the sign copy.
[15]
Multiple buildings shall be permitted.
[16]
Primary access shall be from Columbia Road via
Stockton Drive.
[2]
Editor's Note: This ordinance also repealed former Subsection
E(7), Development standards for the Office/Lab Overlay District.
(8)
Development standards for East and West Residential Overlay
Districts:
(a)
Minimum tract size. The minimum tract size for the East and West Overlay Districts shall be the same acreage as specified under Subsection E(2).
(b)
Maximum density. Subject to Subsection E(5), the maximum allowable density for the East and West Overlay Districts in the aggregate shall not exceed four dwelling units per gross acre; however, a greater concentration of density shall be permitted within either of the overlay districts individually, provided that such density does not exceed 4.5 dwelling units per gross acre. Gross acreage shall include all area within the overlay district(s), including any lands set aside as open space, whether dedicated to public use or not.
(c)
Maximum building height: 2.5 stories/35 feet.
(d)
Maximum impervious surface: 35%.
(e)
Maximum building coverage: 15%.
(f)
Minimum building setback to public street: 200 feet.
(g)
Minimum building setback to planned unit development tract boundary
(other than public street): 75 feet.
(h)
Building design requirements.
[1]
No dwelling unit shall have a floor area of less than 800 square
feet.
[2]
Each dwelling unit shall have not fewer than two exposures.
[3]
There shall be no more than five dwelling units in any single
building.
[4]
No less than 50% of all buildings shall contain four or fewer
dwelling units.
[5]
No more than three adjacent dwelling units may be constructed
without providing a front wall setback of not less than two feet.
[7]
Minimum distance between buildings for townhouses with garage
access from a rear alleyway:
[8]
Common accessory buildings and facilities shall be designed
to harmonize with the overall character of the development and shall
meet the building setback requirements set forth herein.
(i)
Minimum natural and/or landscaped buffer requirements:
[1]
Two hundred feet from any public street.
[2]
Seventy-five feet from any other property line.
[3]
Driveway crossings, walking trails and, subject to the conditions
below, stormwater management facilities shall be permitted in required
buffer areas. Stormwater management facilities in buffer areas shall
be subject to the following requirements: "wet" surface stormwater
detention basins shall be permitted; "dry" surface basins shall be
prohibited; no surface stormwater detention basin shall be permitted
within 75 feet of any tract boundary line abutting a single-family
residential lot; and all surface detention basins and other aboveground
stormwater management facilities shall be screened by existing and/or
new landscaping from adjoining streets and properties as required
by the Planning Board to create and/or maintain an attractive natural
environment.
(j)
All parking shall comply with the requirements of the New Jersey
Residential Site Improvement Standards (RSIS).
(k)
Access shall be limited to Columbia Road, Park Avenue or Old
Turnpike Road. A lot comprising the Residential West Overlay District
may be developed without frontage on a public street so long as such
lot is provided access to a public street in accordance with New Jersey
Residential Site Improvement Standards (RSIS) and the right to such
access is established by a perpetual easement recorded in the Morris
County Clerk's office or otherwise as provided by law.
(l)
Permitted accessory uses, buildings and structures shall include
the following:
[1]
Recreational, social and communal facilities for the exclusive
use of residents of the community and guests; the minimum setbacks
from property lines and streets shall be the same as for principal
uses, buildings and structures.
[2]
Active and passive outdoor recreation facilities; the minimum
setbacks from all streets shall be the same as for principal uses,
buildings and structures (except for driveway crossings and walking
trails).
[3]
Off-street parking areas, which shall be screened from abutting
streets and properties by landscaping and shall comply with all minimum
setbacks and buffers from property lines and public streets.
[4]
Gatehouses. The minimum setback shall be 40 feet; the maximum
height shall be 14 feet; and the maximum floor area shall be 40 square
feet.
[5]
Individual and common mailboxes, which shall be placed in convenient
locations accessible only from interior development drives and not
closer to any public street than a principal building.
[6]
A freestanding monument sign not larger than six square feet
in area and not higher than five feet identifying the development
at access points to the residential overlay districts from outside
the PUD. Project signage shall be compatible in color, materials and
architectural details with the principal buildings and shall be set
back a minimum of 10 feet from any public street.
[7]
Any other use which is subordinate and customarily incidental
to a permitted principal use.
(m)
All townhouses shall be served by public sewer and water. All
required utility connections shall be underground.
(n)
Landscaping and fencing.
[1]
Street trees which are tolerant of roadway and parking lot environments,
including zelkova, littleleaf linden, honey locust, green ash, London
plane, red maple, bradford callery pear and redspire pear, shall be
installed as part of the development.
[2]
Fences, low walls and ornamental metalwork, each not exceeding permitted height under § 95-36D, and hedges are permitted where appropriate to define parking areas, pedestrian walks and like spaces. Masonry elements may include brick, stone or stucco. All fencing shall have decorative caps, rails and posts. Chain-link fencing shall not be used for decorative purposes.
[3]
An overall landscaping plan shall be submitted and shall include
landscaping site details for all decorative features. A detailed landscaping
plan indicating the type, size and spacing of all grasses, plants,
shrubs, and evergreen and deciduous trees shall also be submitted
for each typical townhouse grouping.
(o)
The following outdoor lighting requirements shall be applicable:
[1]
Site lighting and streetlighting shall be decorative fixtures
and poles. Standard fixture and pole details shall be approved by
the Planning Board.
[2]
Streets, parking areas and walkways shall provide adequate lighting
with fixtures not exceeding an overall height of 15 feet above grade
in the case of streets and parking areas and 12 feet in the case of
walkways. Such fixtures shall minimize adverse visual impacts, such
as glare and overhead sky glow, on adjacent properties and on any
public right-of-way. Light cutoff shields shall be provided where
fixtures abut a residential use and in other locations as directed
by the Planning Board.
[3]
Use of low wattage metal halide, color-corrected sodium or LED
light sources is required. Non-color-corrected low-pressure sodium
and mercury vapor light sources are prohibited.
[4]
Building facade lights shall be incorporated into the overall
lighting plan design; all fixtures shall be of compatible design and
detail with site and streetlights.
[5]
Lighting for a permitted freestanding sign shall be by an external
ground-mounted fixture or fixtures shielded from adjoining properties
and any street.
[6]
Lighting levels at all tract boundary lines shall not exceed
0.1 footcandle, except where driveways meet a public street.
(p)
Individual refuse and recyclable storage space shall be provided
within the garages of each townhouse.
(q)
All development within the East and West Overlay Districts shall
provide for low- and moderate-income housing set-asides of 10% of
the total number of units proposed within the development pursuant
to the applicable provisions of N.J.A.C. 5:97 and the Uniform Housing
Affordability Controls (N.J.A.C. 5:80-26.1 et seq.). The required
number of low and moderate units may be constructed on tract or off
tract but within the Township of Morris, and if off tract shall require
a separate site plan approval. Where the low- and moderate-income
units are located off tract, the required set-aside shall be equal
to 10% of the total number of units provided both on and off tract.
(9)
Railroad crossing and quiet zone designation.
(a)
Provided that prior to or during the term of general development plan approval established pursuant to Subsection E(11)(b)[2] below, the Township of Morris determines, and notifies the developer, that a Quiet Zone designation should be established for the existing at-grade railroad crossing immediately adjoining the intersection of Kahn Road and Old Turnpike Road (the "Crossing"), the developer of a PUD shall diligently, and at its sole cost and expense, prepare, submit, and process all application materials (including plans for improvements) required to seek approval for the Quiet Zone designation. The Township agrees to cooperate with the developer in regard to the application and to be named as the applicant.
(b)
If approval for the Quiet Zone designation is granted, the developer
shall promptly thereafter at its sole cost and expense construct and
install all Crossing improvements required by the terms of such approval.
(c)
If the developer has diligently fulfilled its obligations with respect to the Quiet Zone application but approval for the Quiet Zone designation is denied, the developer shall be relieved of all further obligations with respect to the processing of that application, provided that the developer transfers and assigns to the Township of Morris at no cost all applications, plans, surveys, reports and other documents, data and information related to such application. If within 24 months of the denial the Township thereafter secures the Quiet Zone designation approval, the developer shall install the required Crossing improvements pursuant to Subsection E(9)(b) above.
(d)
Whether or not a Quiet Zone designation is approved for the
Crossing, the developer shall, at least 30 days prior to filing its
application for general development plan approval, submit to the Commissioner
of the New Jersey Department of Transportation its conceptual plan
for the PUD together with a written request for recommended safety
improvements at the Crossing and shall include in its submission for
general development plan approval the response (if any) to such request.
The Planning Board shall have authority to require compliance with
any such recommendations or alternative measures providing equivalent
or otherwise appropriate levels of safety, in the judgment of the
Board, as conditions of general development plan approval.
(e)
To facilitate the Quiet Zone application, the PUD developer
shall also grant reasonable permanent easement rights to access the
Crossing through the PUD to any adjoining property owner who, in return,
agrees to relinquish its right to cross the railroad at a location
which lies within 1/2 mile of the Crossing and at which approaching
trains are required to sound their horns.
(f)
Obligations for maintenance of the Crossing improvements installed under Subsection E(9)(b) above, and liability for any accident or injury at the Crossing, shall be determined in the agreement to be entered into between the Township and the developer as contemplated by Subsection E(11)(a)[12] below.
(10)
Findings for planned unit development. Prior to approving a
planned unit development, the Planning Board shall render the following
findings and conclusions pursuant to N.J.S.A. 40:55D-45:
(a)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the standards
of this chapter pursuant to N.J.S.A. 40:55D-65.
(b)
That the proposals for maintenance and conservation of the common
open space, and the amount, location and purpose of such open space,
are adequate.
(c)
That provisions through the physical design of the proposed
development for public services, control over vehicular and pedestrian
traffic, and the amenities of light and air, recreation and visual
enjoyment are adequate.
(d)
That the proposed planned unit development will not have an
unreasonably adverse impact upon the area in which it is proposed
to be established.
(e)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
(11)
General development plan requirements.
(a)
Required contents. The general development plan (exclusive of
required reports and other written documentation) shall be submitted
at a scale of approximately one inch equals 200 feet or such scale
permitting the entire tract to be shown on a single sheet not larger
than 42 inches by 60 inches. Enlargement of portions of the general
development plan may be submitted on separate sheets of the same size.
A general development plan shall include the following:
[1]
A general land use plan indicating the tract area
and locations of the land uses to be included in the planned unit
development. The total number of dwelling units permitted and proposed
and amount of nonresidential gross floor area to be provided and proposed
land area to be devoted to residential and nonresidential use shall
be set forth. In addition, the proposed types of nonresidential uses
to be included in the planned development shall be set forth, and
the land area to be occupied by each proposed use shall be estimated.
The density and intensity of use of the entire planned development
shall be set forth and a residential density and a nonresidential
floor area ratio shall be provided;
[2]
A circulation plan showing the general location
and types of transportation facilities, including facilities for pedestrian
access, within the planned unit development and any proposed improvements
to the existing transportation system outside the planned unit development;
[3]
An open space plan showing the proposed land area
and location of land areas to be set aside for conservation and recreational
purposes and a general description of improvements proposed to be
made thereon, including a plan for the operation and maintenance of
such lands;
[4]
A utility plan indicating the need for and showing
the proposed location of sewage lines and waterlines and drainage
facilities necessitated by the physical characteristics of the site,
proposed methods for handling solid waste disposal, and a plan for
the operation and maintenance of proposed utilities;
[5]
A stormwater management plan setting forth the
proposed method of controlling and managing stormwater on the site;
[6]
An environmental inventory, including a threatened and endangered species analysis pursuant to Chapter 57, Article XXXIII, § 57-161J, a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site;
[7]
A community facility plan indicating the scope
and type of supporting community facilities;
[8]
A housing plan outlining the number of housing
units to be provided and the extent to which any affordable housing
obligation assigned to the municipality pursuant to the New Jersey
Fair Housing Act of 1985 (as amended)[3] will be fulfilled by the development;
[3]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
[9]
A local service plan indicating those public services
which the applicant proposes to provide and which may include, but
not be limited to, water, sewer, cable and solid waste disposal;
[10]
A fiscal report describing the anticipated demand on municipal services and the school district to be generated by the planned unit development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection E(11)(a)[11] below, and following the completion of the development in its entirety;
[11]
A proposed timing schedule in the case of a planned
unit development whose construction is contemplated over a period
of years, including the number of dwelling units and amount of nonresidential
gross floor area to be included in each development phase, and any
terms or conditions which are intended to protect the interests of
the public and of the residents who occupy any section of the planned
development prior to the completion of the development in its entirety;
and
[12]
A proposed form of written agreement to be entered
into, as a condition of general development plan approval, between
the developer and the Township relating to the planned unit development.
(b)
Effect and duration of approval.
[1]
The planned development shall be developed in accordance
with the general development plan approved by the Planning Board notwithstanding
any provision of N.J.S.A. 40:55D-1 et seq., or of any ordinance or
regulation adopted pursuant thereto after the effective date of the
approval. The general terms and conditions upon which the general
development plan was granted, including but not limited to on-site
or off-site requirements, shall not be changed, unless application
for modification is made by the developer and approved by the Planning
Board pursuant to the requirements of this section.
[2]
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection E(11)(b)[3] below, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer received final approval of the first section of the planned unit development.
[3]
In making its determination regarding the duration
of the effect of approval of the general development plan, the Planning
Board shall consider the number of dwelling units or amount of nonresidential
floor area to be constructed; prevailing economic conditions; the
timing schedule to be followed in completing the development and the
likelihood of its fulfillment; the developer's capability of completing
the proposed development; and the contents of the general development
plan and any conditions which the Planning Board attaches to the approval
thereof.
(c)
Modification of proposed schedule. In the event that the developer
seeks to modify the proposed timing schedule, such modification shall
require the approval of the Planning Board. The Planning Board shall,
in deciding whether or not to grant approval of the modification,
take into consideration prevailing economic and market conditions,
anticipated and actual needs for residential units and nonresidential
space within the Township and the region, and the availability and
capacity of public facilities to accommodate the proposed development.
(d)
Variations in location of land uses or increase in density or
floor area ratio. The developer shall be required to gain the prior
approval of the Planning Board if, after approval of the general development
plan, the developer wishes to make any variation in the location of
land uses within the planned development or to increase the density
of residential development or the floor area ratio of nonresidential
development in any section of the planned unit development.
(e)
Amendment or revision of general development plan; allowable
reductions within original approval.
[1]
Except as provided hereunder, once a general development
plan has been approved by the Planning Board, it may be amended or
revised only upon application by the developer and approval by the
Planning Board.
[2]
A developer, without violating the terms of the
general development plan approval, may, in undertaking any section
of the planned unit development, reduce the number of residential
units or amounts of nonresidential floor space by no more than 15%
or reduce the residential density or nonresidential floor area ratio
by no more than 15%.
(f)
Notice of completion of section of development; notice by municipality
of nonfulfillment; hearing; termination of approval; causes.
[1]
Upon completion of each section of the development
as set forth in the approved general development plan, the developer
shall notify the administrative officer, by certified mail, as evidence
that the developer is fulfilling his obligations under the approved
plan. For the purposes of this section, "completion" of any section
of the development shall mean that the developer has acquired a certificate
of occupancy for every residential unit or every nonresidential structure,
as set forth in the approved general development plan and pursuant
to Section 15 of the State Uniform Construction Code Statute (N.J.S.A.
52:57D-133). If the Township does not receive such notification at
the completion of any section of the development, the Township shall
notify the developer, by certified mail, in order to determine whether
or not the terms of the approved plan are being complied with.
[2]
If at any time the Township has cause to believe
that the developer is not fulfilling his obligations pursuant to the
approved plan, the Township shall notify the developer, by certified
mail, and the developer shall have 10 days within which to give evidence
that he is fulfilling his obligations pursuant to the approved plan.
The Township thereafter shall conduct a hearing to determine whether
or not the developer is in violation of the approved plan. If, after
such a hearing, the Township finds good cause to terminate the approval,
it shall provide written notice of the same to the developer, and
the approval shall be terminated 30 days thereafter.
[3]
In the event that a developer who has general development
plan approval does not apply for preliminary site plan approval for
the planned development which is the subject of that general development
plan approval within five years of the date upon which the general
development plan has been approved by the Planning Board, the Township
shall have cause to terminate the approval.
(g)
Termination of approval upon completion of development. In the
event that a development which is the subject of an approved general
development plan is completed before the end of the term of the approval,
the approval shall terminate with the completion of the development.
For the purposes of this section, a development shall be considered
complete on the date upon which a certificate of occupancy has been
issued for the final residential or nonresidential structure in the
last section of the development in accordance with the timing schedule
set forth in the approved general development plan and the developer
has fulfilled all of his obligations pursuant to the approval.
