[Added 7-9-1991 by Ord. No. 91:45]
Editor's Note: Section 3 of this ordinance provided that all applications for development shall be processed under the fast-track process. Section 4 of this ordinance provided that with respect to the COD Zone created by said ordinance, the developer's contribution agreement contains specific provisions to be followed. Said developer's contribution agreement is on file with the Township Clerk.
The preamble of this ordinance is incorporated herein and the purpose in creating the COD (Corporate Office District) Zone is to encourage the development of office buildings and consistent uses adjacent to and in the vicinity of Interstate Route 80, and to promote contributions to regional contribution agreements to provide for the construction of housing for low- and moderate-income persons.
Editor's Note: The preamble of this ordinance reads as follows:
"WHEREAS, the Township of Parsippany-Troy Hills was initially joined as a party defendant by the Office of the Public Advocate in an action referred to as Morris County Fair Housing Council et al. v. Boonton Township et al., 197 N.J. Super 305 (1984), a Mount Laurel Housing action in October of 1978; and"
"WHEREAS, after many delays, etc., the issue of the Township's fair share was transferred from Judge Skillman's Court to the Council on Affordable Housing (COAH) instituted pursuant to the Fair Housing Act, P.L. 1985, c. 222; N.J.S.A. 52:25D-3d to 52:27D-329 (FHA); and"
"WHEREAS, COAH, pursuant to its statutory authority, ordered the Township to participate in mediation by way of COAH's resolution of January 9, 1989, together with a number of property owners, including Crow-Foody Central, owner of a tract of land of about 200 acres, commonly referred to as the 'Mazdabrook tract,' as an owner who in 1984 was represented by the Township to be a participant in a settlement of the then pending Mount Laurel case; and"
"WHEREAS, as a result of the mediation process conducted and monitored by COAH, the Township entered into an agreement commonly referred to as a 'developer's contribution agreement,' dated March 30, 1990, with Crow-Foody Central, as well as with other landowners, for the purpose of complying with the Township's fair share of affordable housing, as determined by COAH; and"
"WHEREAS, COAH, on March 6,1991, after a long and tedious review of the Township's revised housing element and fair share plan, granted the Township conditional substantive certification; and"
"WHEREAS, the Township's fair share plan includes a regional contribution agreement (RCA) with the City of Newark for 294 units at a cost to the Township of approximately $5,000,000, which, in part, the Township hopes to recoup by way of the developer's contribution agreement between the Township and Crow-Foody Central, which under optimal developmental circumstances could yield the Township $4,000,000 to defray the costs of the RCA; and"
"WHEREAS, the Supreme Court of New Jersey in the case of Holmdel Builders Association v. Township of Holmdel, 121, N.J. 550 (1990) acknowledged the propriety of COAH-authorized developer contributions to municipalities pursuant to N.J.S.A. 52:27D-311a and N.J.A.C. 5:92-8.4; and"
"WHEREAS, the Planning Board of the Township of Parsippany-Troy Hills, as required by law and as part of its COAH settlement, adopted on April 3,1991, an amended housing element and fair share housing plan and amended land use element for Parsippany-Troy Hills."
"NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Parsippany-Troy Hills, in the County of Morris, State of New Jersey, as follows:"
As used in this article, the following terms shall have the meanings indicated:
- RESIDENTIAL INN
- An establishment, consisting of one or more buildings containing not more than 140 guest units, with or without individual cooking facilities, having a common lobby or office supervised by a person in charge at all hours, that provides temporary lodging to travelers and itinerant guests who maintain a primary residence elsewhere and in which no unit may be continuously occupied by the same guest or guests for a period in excess of 180 days.
Subject to development regulations as set forth hereinafter, the following uses shall be permitted, subject to the special conditions of § 430-244, entitled "Lower-income housing provisions":
Office buildings for planning, management and administration, data processing and similar uses.
Research facilities, but not including uses or activities requiring outdoor apparatus, such as tanks, pilot plants, towers, etc.
Mobile food vendor establishments, including all vehicles, trailers and structures operated by a mobile food vendor, as defined in Chapter 296, Peddling and Soliciting, Article I, Canvassers, Solicitors and Mobile Vendors, for transporting food and beverages for sale therefrom while stopped or parked at a location on lands within the Township.
Accessory uses shall be uses customary and incidental and supportive of principal uses within the Corporate Office District, including but not limited to the following, and subject to the further limitation that all accessory uses shall occupy no more than 10% of the floor area of the principal buildings on any lot, and further provided that no one accessory use shall occupy more than 20,000 square feet of floor space:
Health club facilities.
Cafeteria facilities for the sale of items to and for the personal convenience of persons employed on the premises.
The following retail and service facilities and uses incidental thereto: luncheonette (with ice cream bar), pizza shop, delicatessen, card and gift shop, notions, tobacco, photo, lottery, video sales and rentals, books, stationery, travel agency, limousine service, ticket sales, bank, hair stylist, barber and/or beauty shop, dry cleaner and laundry pickup and delivery, shoeshine stand, florist and newsstand.
All such accessory uses shall be accessible only from an office building or from an atrium, covered walkway or parking garage accessory to an office building.
Permitted accessory uses for assisted living facilities shall include those uses which are customarily associated with such facilities, including personal and recreational services and small gift and necessity shops solely for use of the residents of the assisted living facility or their visitors.
[Added 12-15-1998 by Ord. No. 98:43]
Height, area and other bulk requirements shall be as provided for the SED-5 District in the schedule of regulations in Article VI, except that:
When a lot in the Corporate Office District abuts a permanent common open space having a width of at least 200 feet adjacent to the lot, the minimum side and rear yards adjacent to the common open space shall be reduced to 25 feet.
Except for office buildings west of the Troy Brook, all buildings may have a maximum of five stories. When basement parking garages are provided, the height of such building or buildings, including any portion of basement parking structures above finished grade, shall not exceed 69 feet above the average finished grade at the perimeter of the building and such parking structure. When basement parking garages are not provided, the height of such building or buildings shall not exceed 66 feet above the average finished grade at the perimeter of the building.
Transition area requirements of § 430-146 shall not apply to any lot that is contiguous to or across a street from a PRD-2 District.
Parking may be permitted in front, side or rear yards, provided that no parking shall be permitted within 30 feet of a street right-of-way.
Assisted living facilities in the COD district shall be subject to the following area and bulk requirements:
[Added 12-15-1998 by Ord. No. 98:43]
Minimum lot area (acres): 6.0.
Minimum front yard (feet): 50.
Minimum side yard (feet): 25.
Minimum rear yard (feet): 35.
Maximum building coverage (percent): 25%.
Maximum impervious coverage (percent): 60%.
Maximum density (du/acre): 16.75.
Minimum distance between buildings (feet): 35.
Maximum height (stories/feet): 3/35. (NOTE: The maximum height may be increased to 45 feet if the assisted living facility has a gabled roof.)
Maximum number of units: 100.
The owner of a lot in the Corporate Office District which exceeds the minimum lot size for the district may cluster one or more buildings on the lot and construct structured parking facilities in connection therewith, provided that:
The gross floor area of such building or buildings, excluding floor area devoted to parking, shall not exceed the gross floor area of buildings that could have been constructed on the lot had the owner not elected the cluster option.
If the building or buildings are to be developed in sections or stages, such sections or stages shall be:
Substantially and functionally self-contained with regard to access, parking utilities, open spaces and similar physical features.
Provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require to prevent damage or detriment to any completed section or stage, to other sections or stages and to adjoining properties not in the cluster plan.
The total floor area of offices and research facilities in the COD District shall be as follows:
In a major subdivision application in the COD Zone or an amendment thereof, variable lot sizes may be approved by the Planning Board. The lot sizes may be varied to the extent that not more than 35% of the lots within the subdivision have areas of less than five acres but not less than three acres, and provided that in no event shall the maximum number of lots in the subdivision exceed the number of lots that would have been permitted if such subdivision had proceeded on the basis of a five-acre minimum lot size. The subdivider shall submit a plat map showing the development according to the requirements of the COD Zone and another plat map showing the development as modified in accordance with this section. Notwithstanding any other requirement of this chapter, including the requirements of this section, a child-care facility shall be permitted on a lot having a minimum of two acres and a residential inn shall be permitted on a lot having a minimum of 4.5 acres, and such lots shall not be utilized in determining whether the thirty-five-percent requirements of this section are satisfied.
Streets, utilities and other public facilities. The authority granted to the Planning Board and the Township of Parsippany-Troy Hills to establish standards for the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, streetlights, stormwater drainage, water supply and distribution, sanitary sewers and sewage collection and treatment shall be vested in the Planning Board for the purpose of this section. The Planning Board is hereby authorized to make such modifications of standards and requirements otherwise required of subdivisions as set forth in Chapter 225, Land Use, Subdivisions and Site Plans, as long as such modifications are consistent with the terms of this section, except that the following minimum standards shall apply:
The right-of-way and pavement widths for internal ways and roads serving developments shall be determined from sound planning and engineering standards in conformity with the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting equipment and police vehicles and shall be certified thereto by a competent expert or experts licensed under the laws of the State of New Jersey. In such instance, other provisions of this section shall not apply but may serve as general guides to the Planning Board in approving the development plans.
Sidewalks shall be at least three feet in width.
Serviceways for public service and emergency vehicles shall be no less than 15 feet in width.
All electric, gas and telephone utility lines shall be installed underground. Prior to the issuance of a building permit, written certification from each serving utility shall be required which shall evidence full compliance with the provisions of this requirement.
In addition to all other standards, conditions or requirements set forth in this section, all site and building plans shall be reviewed by the Planning Board in regard to safety and convenience of traffic access and parking, disposition and usability of open space, compatibility of building types, building construction, floor plans and other factors relating to site design. Said site review will also include site design as it fits in with the general development of the entire development plan area.
Common or shared driveways or utilities shall be permitted within the district or with adjacent developments.
Required off-street parking and loading requirements shall be as specified in Article XXXVII.
[Amended 5-23-2000 by Ord. No. 2000:19]
Except as expressly permitted herein, signs are subject to the sign regulations of Article XXXVIII.
A project identification sign for a planned commercial office development shall be permitted as a conditional use within the COD District subject to the conditions and requirements set forth herein. Such a project identification sign may be located on a lot upon which no other principal buildings or structures are located, provided that the conditions and requirements of this section are met. A project identification sign shall not constitute a billboard or outdoor display sign as defined in § 430-279 and regulated pursuant to § 430-283A.
The lot upon which the project identification sign is located shall be owned and maintained by a property owners' association formed for the purpose of owning and maintaining common property, amenities or utilities within the planned commercial office development.
The project identification sign shall be used to identify the overall planned commercial development and not individual tenants or property owners within the development.
The project identification sign shall be a ground-mounted monument sign.
The project identification sign shall be designed and constructed in a manner compatible with other signage constructed within the planned commercial office development. Materials used shall be compatible with the architectural elements and design features of the buildings within the development.
The project identification sign shall not be internally illuminated, but shall be illuminated by ground-mounted lighting.
The area of the project identification sign shall not exceed 120 square feet.
The height of the project identification sign shall not exceed five feet, including base and pedestal. The sign may be mounted upon a berm not to exceed three feet in height with a maximum slope of three to one. The total height of the berm and the sign shall not exceed eight feet from the surrounding grade.
The maximum length of a project identification sign shall be 35 feet.
Lettering on a project identification sign shall not exceed two feet in height.
A project identification sign shall be set back a minimum of 20 feet from the front lot line.
If the lot upon which the sign is located has frontage on two intersecting streets, a V-shaped project identification sign shall be permitted, where the interior angle of the V shall not be greater than 120º. The total area of a V-shaped project identification sign shall not exceed 180 square feet, with each individual face of the sign not to exceed 90 square feet. The total length of a V-shaped project identification sign shall not exceed 50 feet, with each individual face of the sign not to exceed 25 feet.
There shall be provided in the Corporate Office District common open space for the use and enjoyment of the owners and tenants of buildings in the district. Such common open space shall constitute not less than 25% of the land area of the district, and all property owners in the district shall have the obligation to maintain such common open space pursuant to the terms of a valid easement agreement. In the event of default of such maintenance, the Township shall have the rights set forth in N.J.S.A. 40:55D-43. Such common open space may include amenities desirable for the enjoyment of outdoor activities, including but not limited to a jogging or running track or tennis courts and such accessory structures as may be necessary for the storage of equipment and supplies necessary to the maintenance of the common open space.
For purposes of this section, "regional contribution agreement" shall mean an agreement, pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., between the Township of Parsippany-Troy Hills and a receiving municipality in which the Township has agreed to make certain payments to such receiving municipality for the purpose of the production or rehabilitation of low- or moderate-income housing.
At the time of approval of any site plans for development in the COD Zone, an applicant shall, in order to obtain the flexibility and density permitted by the COD Zone, enter into or have entered into an agreement with the Township Council to fund a portion of the Township's obligation under the regional contribution agreement. Such agreement shall be incorporated by reference in any site plan approval granted pursuant to this chapter and shall not be modified without the consent of the applicant, the Township and the Council on Affordable Housing of the State of New Jersey.
An application for one or more lots aggregating 50 acres or more shall initially submit a sketch plan for all such lots. The sketch shall show all informational items as required for any major subdivision as set forth in Chapter 225, Land Use, Subdivisions and Site Plans, and, further, shall indicate the general location of buildings, parking areas and roadways, as well as any other significant site development features planned by the applicant. The purposes of the sketch plan are to:
Establish the land use plan for the site.
Establish staging or phasing of site development.
Determine design criteria for buffer areas, parking lot location, open space areas, etc., as applicable.
Establish an architectural theme addressing color, texture, building siting, etc.
Provide an evaluation of the traffic generation of the proposed overall plan and determination of the basic improvements required to the existing roadway system to adequately provide for additional traffic. The evaluation shall also set forth proposed agreements to accomplish improvements and the staging of the same as a function of overall tract development.
The applicant, after approval of the overall development plan, may proceed with formal site plan and subdivision applications for all phases of the development at any time within an eight-year period after approval of the overall development plan. During said period, the general terms and conditions of the sketch plan approval shall not be changed by the Planning Board without the consent of the applicant.