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Editor’s Note: This ordinance also repealed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