TOWNSHIP OF HANOVER
ORDINANCE NO. 32-13
AN ORDINANCE OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HANOVER AMENDING AND
SUPPLEMENTING CHAPTER 166
OF THE CODE OF THE TOWNSHIP ENTITLED, LAND USE AND
DEVELOPMENT LEGISLATION,
BY AMENDING THE REGULATIONS FOR THE WC – WHIPPANY CENTER ZONE DISTRICT
WHEREAS, the current zoning regulations of the Township of Hanover include a WC – Whippany Center zone district: and
WHEREAS, the WC zone district was originally created in order to encourage the redevelopment of the properties in the district for a mixed-use center; and
WHEREAS, the WC zone district has been partially redeveloped under the current WC zone standards; and
WHEREAS, the Planning Board of the Township has reexamined the WC district regulations and has recommended that the regulations be amended in order to further promote the completion of the redevelopment originally envisioned for the district and to adjust the regulations to reflect current conditions in the district.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Hanover in the County of Morris and State of New Jersey that Chapter 166 of the Code of the Township of Hanover, entitled Land Use and Development Legislation, is hereby amended and supplemented as follows:
Section 1. Paragraph E. in Section 166-186.14., Permitted accessory uses, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
E. Outdoor dining facilities accessory to a permitted restaurant use. Such facilities shall be subject to the provisions of ?166-119.5., provided that ?166-119.5.C. shall not be construed to require setbacks and buffers between outdoor dining facilities and residential uses which are located in the WC district and further provided that the requirements of ?166-119.5.H. shall not apply, but shall be superseded by the requirements in this Article.
Section 2. Section 166-186.15., Conditional uses, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
? 166-186.15. Conditional uses.
Conditional uses as set forth and regulated in ?166-150. are permitted in the WC District.
Section 3. Subsection B. of Section 166-186.16., Prohibited uses, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
B. The display of goods for sale outside the confines of a building and any business conducted outside the confines of a building, including but not limited to drive-in or drive-through uses, except that drive-in and drive-through banks and pharmacies and outdoor dining accessory to a permitted food service establishment shall be permitted and regulated as set forth in this Article.
Section 4. Subsection A of Section 166-186.17., Development standards for conventional development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
A. Minimum lot area: 20,000 square feet.
Section 5. Subsection D. of Section 166-186.17., Development standards for conventional development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
D. Maximum floor area ratio. The maximum floor area ratio shall be based upon the net lot area, which shall exclude all floodways, wetlands and required transition areas for wetlands. The maximum floor area ratio shall vary by net lot area, as follows:
(1) For lots with a net lot area under 25,000 square feet: 25% of the net lot area.
(2) For lots with a net lot area of at least 25,000 square feet: 35% of the net lot area.
Section 6. Subsection F. of Section 166-186.17., Development standards for conventional development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
F. Maximum floor area, office uses. No office building, or portion of a building devoted to office use in a mixed-use building, shall exceed a gross floor area of 9,000 square feet.
Section 7. Subsection G. of Section 166-186.17., Development standards for conventional development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
G. Maximum building coverage. The maximum building coverage shall be based upon the net lot area, which shall exclude all floodways, wetlands and required transition areas for wetlands. The maximum building coverage shall vary by net lot area, as follows:
(1) For lots with a net lot area under 25,000 square feet: 25% of the net lot area.
(2) For lots with a net lot area of at least 25,000 square feet: 35% of the net lot area.
Section 8. Subsection H. of Section 166-186.17., Development standards for conventional development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
H. Maximum improvement coverage. The maximum improvement coverage shall be based upon the net lot area, which shall exclude all floodways, wetlands and required transition areas for wetlands. The maximum improvement coverage shall vary by net lot area, as follows:
(1) For lots with a net lot area under 25,000 square feet: 65% of the net lot area.
(2) For lots with a net lot area of at least 25,000 square feet: 70% of the net lot area.
Section 9. Paragraph (1) in Subsection J. of Section 166-186.17., Development standards for conventional development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
(1) Minimum front yard depth: 50 feet, except for front yards which abut School Street. A minimum front yard depth of 5 feet shall apply to yards which abut the easterly and westerly side lines of School Street. No front yard requirement shall apply to the northerly dead end line of School Street.
Section 10. Paragraph (1) in Subsection M. of Section 166-186.17., Development standards for conventional development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
(1) Off-street parking areas and drives in the WC Zone District shall be located at least 25 feet from any street right-of-way line, except in those locations where driveways provide direct access to the street, and except for the School Street right-of-way. Off-street parking areas and drives shall be located at least 5 feet from the School Street right-of-way. In addition, no more than one third of the area within 50 feet of any street right-of-way abutting the tract shall be covered by paved surfaces of any type; provided, however, that this requirement shall not apply to the area within 50 feet of the School Street right-of-way.
Section 11. Subsection N. of Section 166-186.17., Development standards for conventional development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
(1) No more than one driveway opening to any one street shall be permitted for each lot; provided, however, that this requirement shall not apply to School Street.
(2) In the event more than one driveway is located on a single lot, such driveways shall be located at least 75 feet apart, measured from the nearest pavement edge of the respective driveways, exclusive of flared aprons or curb radii.
(3) No drive-in use shall have direct driveway access to Route 10 or Troy Hills Road; access to drive-in uses shall only be other driveways or roadways.
Section 12. Subsection A. of Section 166-186.18., Development standards for planned commercial development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
A. Minimum tract area: eight contiguous acres.
Section 13. Paragraph (2) in Subsection B. of Section 166-186.18., Development standards for planned commercial development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
(2) Within the planned commercial development tract, individual lots shall be permitted, and such lots may have different owners. The required floor area ratio, coverage and yard setback requirements shall not apply to such individual lots, but only to the total development tract, unless specifically indicated otherwise in this Article.
Section 14. Paragraph (5) in Subsection C. of Section 166-186.18., Development standards for planned commercial development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
(5) Maximum floor area ratio: 35% of the net tract area of the planned commercial development.
Section 15. Paragraph (10)(a) in Subsection C. of Section 166-186.18., Development standards for planned commercial development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
(a) Minimum front yard depth: 50 feet, except for front yards which abut School Street. A minimum front yard depth of 5 feet shall apply to yards which abut the easterly and westerly side lines of School Street. No front yard requirement shall apply to the northerly dead end line of School Street.
Section 16. Paragraph (1)(a) in Subsection E. of Section 166-186.18., Development standards for planned commercial development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
(a) At least one affordable unit for every four market-rate dwelling units in the project, but not less than nine affordable units.
Section 17. Paragraph (1)(b) in Subsection E. of Section 166-186.18., Development standards for planned commercial development, in Article XXXIC, WC Whippany Center District, is hereby deleted and the current Paragraph (1)(c) is renumbered as Paragraph (1)(b).
Section 18. Paragraph (1) in Subsection F. of Section 166-186.18., Development standards for planned commercial development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
(1) The total number of driveways to and from public streets shall be limited only to those necessary to provide safe and convenient access, without undue impacts to the safety and mobility of traffic on abutting public streets, as determined by the Planning Board. The intent of this requirement is to encourage shared access and fewer driveway openings onto public streets than would otherwise be necessary for conventional development on individual lots.
(a) When located on a state highway, the number and location of driveways shall be not be greater than permitted by the State Highway Access Management Code.
(b) On Troy Hills Road, only one driveway shall be permitted for the planned development.
(c) On other public streets, driveway locations shall be as determined by the reviewing Board at the time of site plan approval.
Section 19. Paragraph (4)(c) in Subsection F. of Section 166-186.18., Development standards for planned commercial development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
(c) Off-street parking areas in the WC Zone District shall be located at least 25 feet from the street right-of-way lines for Route 10 and Troy Hills Road. In addition, no more than one third of the area within 50 feet of the street right-of-way for Route 10 and Troy Hills Road shall be covered by paved surfaces of any type. Notwithstanding the foregoing, in order to provide design flexibility, the Board may reduce the required setback from the Troy Hills Road right-of-way without the need for a variance, provided that:
[1] The area of parking area pavement within 25 feet of the Troy Hills Road right-of-way shall not be permitted to cover more than 5% of the tract area within 25 feet of the Troy Hills Road right-of-way; and
[2] The parking setback from the Troy Hills Road right-of-way shall not be reduced to less than 15 feet in any location.
Section 20. Paragraph (4) in Subsection F. of Section 166-186.18., Development standards for planned commercial development, in Article XXXIC, WC Whippany Center District, is hereby amended by adding a Paragraph (d), to read as follows:
(d) Off street parking areas in the WC Zone District shall be located at least 5 feet from the westerly and easterly sides of the right-of-way of School Street.
Section 21. Paragraph (8) in Subsection F. of Section 166-186.18., Development standards for planned commercial development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
(8) Planned commercial development shall be designed to encourage pedestrian travel into the development from areas outside the development and to encourage pedestrian travel between different areas in the development. A paver walkway or walkways shall be provided with historic-style lighting along the Route 10 and Troy Hills Road frontages of the tract.
Section 22. Paragraph (1) in Subsection I. of Section 166-186.18., Development standards for planned commercial development, in Article XXXIC, WC Whippany Center District, is hereby amended to read as follows:
(1) The area, dimension and layout of such areas shall be designed to be sufficient for the number of persons anticipated to be using the area at one time. Each common area shall contain a contiguous area not less than 1,000 square feet and at least one common area, centrally located within the development, shall contain a contiguous area not less than 4,000 square feet and which shall have a horizontal dimension not less than 40 feet in any direction.
Section 23. In case, for any reason, any section or provision of this Ordinance shall be held to be unconstitutional or invalid, the same shall not affect any other section or provision of this Ordinance, except so far as the section or provision so declared unconstitutional or invalid shall be severed from the remainder or any portion thereof.
Section 24. All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are, to the extent of such inconsistency, hereby repealed.
Section 25. This ordinance shall take effect in accordance with the law.
DATE OF INTRODUCTION: October 10, 2013
DATE OF ADOPTION: November 14, 2013 NOTICE OF INTRODUCTION
NOTICE IS HEREBY GIVEN, That the foregoing Ordinance was submitted in writing at a meeting of the Township Committee of the Township of Hanover, in the County of Morris and State of New Jersey, held on the 10th day of October, 2013, introduced and read by title and passed on first reading and the Governing Body will further consider the same for second reading and final passage thereof at a meeting to be held on the 14th day of November, 2013, at 8:30 o’clock in the evening prevailing time, at the Municipal Building, 1000 Route 10, Whippany, in said Township of Hanover, at which time and place a public hearing will be held thereon by the Governing Body and all persons and citizens in interest shall have an opportunity to be heard concerning same.
JOSEPH A. GIORGIO,
TOWNSHIP CLERK
TOWNSHIP OF HANOVER
COUNTY OF MORRIS
STATE OF NEW JERSEY
DATED: October 17, 2013
($217.36) 875912
