[Added 7-9-1991 by Ord. No. 91:45[1]]
[1]
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[1] 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.
[1]
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:
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":
A.
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:
(1)
Restaurants.
(2)
Health club facilities.
(3)
Cafeteria facilities for the sale of items to and
for the personal convenience of persons employed on the premises.
(4)
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.
B.
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.
C.
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[1]]
[1]
Editor's Note: This ordinance also provided
that its provisions shall control in the event of any conflicts with
the regulations of any other Township development ordinances.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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[1]]
(1)
Minimum lot area (acres): 6.0.
(2)
Minimum front yard (feet): 50.
(3)
Minimum side yard (feet): 25.
(4)
Minimum rear yard (feet): 35.
(5)
Maximum building coverage (percent): 25%.
(6)
Maximum impervious coverage (percent): 60%.
(7)
Maximum density (du/acre): 16.75.
(8)
Minimum distance between buildings (feet): 35.
(9)
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.)
(10)
Maximum number of units: 100.
[1]
Editor's Note: This ordinance also provided
that its provisions shall control in the event of any conflicts with
the regulations of any other Township development ordinances.
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:
A.
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.
B.
If the building or buildings are to be developed in
sections or stages, such sections or stages shall be:
(1)
Substantially and functionally self-contained with
regard to access, parking utilities, open spaces and similar physical
features.
(2)
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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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]
A.
Except as expressly permitted herein, signs are subject to the sign regulations of Article XXXVIII.
B.
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.
(1)
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.
(2)
The project identification sign shall be used to identify
the overall planned commercial development and not individual tenants
or property owners within the development.
(3)
The project identification sign shall be a ground-mounted
monument sign.
(4)
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.
(5)
The project identification sign shall not be internally
illuminated, but shall be illuminated by ground-mounted lighting.
(6)
The area of the project identification sign shall
not exceed 120 square feet.
(7)
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.
(8)
The maximum length of a project identification sign
shall be 35 feet.
(9)
Lettering on a project identification sign shall not
exceed two feet in height.
(10)
A project identification sign shall be set back
a minimum of 20 feet from the front lot line.
(11)
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.
A.
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.
B.
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.
A.
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:
(1)
Establish the land use plan for the site.
(2)
Establish staging or phasing of site development.
(3)
Determine design criteria for buffer areas, parking
lot location, open space areas, etc., as applicable.
(4)
Establish an architectural theme addressing color,
texture, building siting, etc.
(5)
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.
B.
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.
