§ 165-200. Standards for PDO option.

A. The PDO option is available in portions of the ROM-1 District and ROM-2 District as indicated on the Zoning Map.

B. In those areas having a PDO option, the developer shall have the right of development in accordance with the PDO standards and regulations or in accordance with the standards and regulations designated for the District in which the property is situated. If the developer selects the option of development in accordance with the PDO standards and regulations, the developer shall submit a general development plan (GDP) for the development in accordance with § 165-52.

C. The DEP shall designate areas of development for the various permitted uses which the developer selects for inclusion as follows:

(1) Office/research.

(2) Hotel/conference center.

(3) Any other permitted uses.

§ 165-201. Permitted principal uses.

The following are permitted principal uses in the PDO:

A. Laboratories for research, design, and experimentation, including pilot plants. Pilot plants for the testing of manufacturing, processing, or fabrication methods or for the testing of products or materials shall be permitted only as accessory to a research facility and in no case shall more than 25% of the total floor area of the research facility be devoted to such uses.

B. Computer and data-processing centers and facilities.

C. Offices for business, executive, professional, and administrative purposes.

D. Hotels and conference centers.

E. Printing and publishing establishments.

F. Development, manufacturing, assembly, and packaging of engineering and scientific instruments, computers and computer products, mechanical measuring and control devices, optical instruments and lenses, medical instruments and supplies, ophthalmic goods, photographic equipment and supplies, watches and clocks.



G. Motor vehicle filling stations, provided that no more than three shall be developed on a PDO tract.

H. Public and private garages and parking structures.

I. Municipal, public, and quasi-public uses and nonprofit facilities such as, but not limited to, post offices, sewage treatment plants, public utility facilities, police/fire, library, parks, cultural facilities, playgrounds, municipal offices, and transit facilities.

J. Child-care centers.

K. Agricultural uses, such as farms, tree farms, orchards, and the raising of livestock, including residential uses in connection therewith.

L. In the ROM-2 portion of the PDO, the following uses shall also be permitted:

(1) Processes of assembly, manufacturing, fabrication, packaging, treatment or conversion of products conducted entirely within the confines of a building, confined to the making of finished products or parts thereof from component parts and semi-finished products and not involving reduction, conversion, or manufacturing of primary raw materials except for pharmaceuticals.

(2) Warehousing.

(3) Wholesale distribution centers.

M. Electrical substations.

§ 165-202. Permitted accessory uses.

The following are permitted accessory uses:

A. Uses customarily incidental to any of the permitted principal uses.

B. Restaurant or cafeteria primarily for supplying meals only to employees and guests of the principal use. Buildings with a gross floor area of 200,000 square feet or greater shall provide a cafeteria.

C. Limited retail commercial uses, designed primarily to serve employees and guests on-site. Retail shall include, but not be limited to, stores and shops for retail business, banks and financial institutions, health clubs, news stand, post office, automated banking facilities, clinics, and similar conveniences.

D. In-service training schools for employees.

E. Custodial living quarters.

F. Indoor and outdoor recreation facilities, provided that all such accessory buildings and uses shall be planned as an integral part of the principal use development.

G. Overnight lodgings for visitors to any permitted principal uses, provided that such facilities are not open to the general public.

H. Assembly halls for meetings incidental to the business of the principal use.

I. Maintenance, utility, and storage facilities incidental to the principal use.

J. Limited manufacture and sale of products produced by or directly related to the principal use for the purpose of market testing.

K. Warehouse facilities and wholesale storage within a completely enclosed building, the latter being incidental and accessory to a permitted use.

L. Central heating and power plants for furnishing heat and electrical energy to structures on the PDO tract.

M. Outside storage of gas cylinders and other equipment relating to a research facility or pilot plant provided it is suitably screened.

N. Off-street parking as provided herein, including parking structures.

O. Signs.

P. Dish antennas.

Q. Cogeneration facilities.

§ 165-203. Permitted conditional uses.

The following conditional uses, as regulated in Article XVIII, are permitted:

A. Churches and similar places of worship of recognized religious groups, which may include attendant parish homes, convents, and religious education buildings.

B. Public and private schools teaching academic subjects.

C. Commercial greenhouses and nurseries.

D. Life-care facilities.

E. Heliport or helistops.



§ 165-204. Maximum permitted nonresidential development.

A. The maximum nonresidential floor area (exclusive of any bonus floor areas as permitted herein) and maximum allowable impervious surface coverage for tracts in the PDO shall be based on a floor area ratio (FAR) of 0.15, calculated for the total tract area, and a maximum impervious surface coverage of 40%, calculated for the effective land area of the tract.

B. The base nonresidential floor area, together with the bonuses hereinafter set forth less floor area assigned by approved development applications, constitutes available nonresidential floor area. The maximum allowable impervious surface coverage less the impervious surface coverage assigned by approved development applications constitutes available impervious surface coverage.

C. Every development plan approved by the Planning Board shall be assigned a specific amount of floor area and impervious surface coverage as a part of the resolution of approval by the Board, and the available floor area and available impervious surface coverage shall be accordingly reduced. These assignments, together with the other elements of the development approval, shall be subject to and shall confer the same rights upon the applicant as are obtained by preliminary approval and final approval pursuant to N.J.S.A. 40:55D-49 and N.J.S:A. 40:55D-52. The owner of the development plan shall have the right to assign, transfer, or release floor area or impervious surface coverage with the consent and approval of the Planning Board upon an application to said Board for amendment of the development approval.

D. The applicant for development where a subdivision is proposed shall designate one lot as the remaining lot and all unallocated floor area and impervious surface coverage of the land which is the subject of the subdivision application shall be assigned to the remaining lot. The developer, upon application to the Planning Board for site plan or subdivision approval, shall certify the floor area and impervious surface coverage heretofore allocated to development projects and subdivided lots and the floor area and impervious surface coverage remaining and unallocated in the PDO. The secretary of the Planning Board shall maintain a ledger of assigned and allocated floor area and impervious surface coverage.

E. The floor area and impervious surface coverage of the sewage treatment plants, municipal facilities, and other permitted uses listed in § 165-201I and any roads shown on the Master Plan of Clinton Township on or within the area of the PDO shall not be counted against the available nonresidential floor area and impervious surface coverage, provided that any roads shown on the Master Plan are constructed by the PDO developer. [Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06]

§ 165-205. General PDO regulations.

[Amended 12-8-1999 by Ord. No. 705-99]

A. Minimum tract area. The PDO option requires a minimum tract of 500 acres ("PDO tract") in the ROM-1 District and a minimum tract of 200 acres in the ROM-2 District.

B. Buffer. There shall be a buffer of 100 feet on the perimeter of the PDO where it abuts or adjoins a residential district, and a buffer of 50 feet on the perimeter of the PDO in all other areas, including where the development in the PDO abutting the residential district is also residential. Driveways, streets, and access roads perpendicular to the buffer or on an angle of 45 degrees or greater or as may be required by the New Jersey Department of Transportation are permitted to pass through the buffer. Furthermore, an access road may pass through a buffer area to serve a sewage treatment plant in the PDO. In addition to the above, landscape design shall be in accordance with § 165-77. [Amended 6-13-2007 by Ord. No. 923-07]

C. Building height. The following standards shall govern the height of buildings in the PDO:

(1) A maximum building height of 65 feet is permitted for buildings which provide parking under a building or in multiple-level parking structures for at least 75% of the parking spaces required for that building. A maximum building height of 65 feet is also established for buildings which contain 30% of the permitted floor area for the PDO tract, regardless of whether such buildings provide parking under a building or in multiple-level parking structures.

(2) In the ROM-1 portion of the PDO, buildings which exceed 45 feet in height shall be situated below the existing three-hundred-eighty-foot elevation on the tract boundary. The Planning Board may allow deviations from the standard relating to tract elevation, provided that all of the following conditions are satisfied:

(a) The proposed building is screened from adjoining residential districts by the existing topography or existing wooded areas on the tract; and

(b) The proposed building is located at least 500 feet from the tract boundary; and

(c) The proposed location minimizes the visual intrusion on scenic corridors identified on the conservation plan.

(3) In the ROM-2 portion of the PDO, buildings which exceed 45 feet in height shall be situated below the existing four-hundred-twenty-five-foot elevation on the tract, and shall be no closer than 200 feet to any tract boundary. The Planning Board may allow deviations from the standard relating to tract elevation, provided that all of the following conditions are satisfied:

(a) The proposed building is screened from adjoining residential districts by the existing topography or existing wooded areas on the tract; and

(b) The proposed building is located at least 500 feet from the tract boundary; and

(c) The proposed location minimizes the visual intrusion on scenic corridors identified on the conservation plan.

(4) Rooftop mechanical equipment, atria, skylights, receiving and transmitting telecommunications equipment, and similar structures normally and incidentally required for nonresidential buildings shall not be included in any height calculation, provided such structures do not exceed 10 feet in height and do not occupy more than 10% of the roof area.

D. Access. The Planning Board, on review of the site plan, shall determine the adequacy of ingress and egress to all lots, buildings, and structures for motor vehicle traffic. Appropriate easements as necessary shall assure access and maintenance of access.

E. Open space.

(1) In the ROM-1 District, the PDO shall include open space to the extent of at least 20% of the PDO tract. The ROM-2 District shall include open space to the extent of at least 20% of the PDO tract. The open space shall include wooded areas, stream corridors, and wetlands.

(2) The open space shall be deeded either to the Township, a nonprofit corporation which has as one of its purposes the maintenance and preservation of open space, or a corporation, association, or other legal entity consisting of one or more of the property owners within the PDO for their use, control, management, and maintenance. Any agreement providing for such ownership shall be reviewed and approved by the Township Attorney for the purpose of ensuring that adequate safeguards are included, guaranteeing the continuance of the agreement in perpetuity and protecting the Township from harm. In any event, the agreement shall give the Township the right to perform maintenance and assess the cost to the property owners in the event that the property owners are in default of their obligations for maintenance as set forth in the agreement. Regardless of the ownership, the agreement shall provide for the consistent and continued maintenance and management of the open space.

F. Parking.

(1) Compact spaces. Where the number of parking spaces serving office or research buildings will in total exceed 100, 30% of the total spaces may be designed as compact car spaces. Compact car spaces may have dimensions of eight feet by 16 feet with a twenty-two-foot aisle. The location of the compact car spaces shall be identified by appropriate signs and markings.

(2) Shared parking. Where, by reason of hours of operation, certain uses can share the same parking area, the developer may submit a shared parking plan in order to reduce the total parking spaces and total impervious surface. Uses which have their peak parking demand outside of normal daytime business hours such as conference centers and restaurants may share parking facilities with office use. Common parking garages and areas may be provided for various uses. The applicant shall demonstrate the feasibility of shared parking during site plan review, and shall identify on the site plan the location of sufficient parking spaces to satisfy the total parking requirement.

(3) Parking waiver. The Planning Board may, upon application of the developer, waiver initial construction of up to 15% of the parking required where the Planning Board is satisfied that the parking requirements, as set forth in the ordinance, are excessive for the use intended. However, the Planning Board, in waiving the parking requirements, shall require that the entire required parking area be shown on the site plan. The deferred parking areas shall be specifically designated and designed to accommodate additional parking should the need for additional parking arise in the future. The owner shall have the right to build approved reserve parking areas at any time, at the owner's discretion.

(4) Tandem parking. The parking of two vehicles bumper to bumper in an elongated parking stall of 30 feet to 40 feet shall be permitted, provided the tandem parking spaces are assigned to specific employees and provided that the employer represents a workable program of tandem parking for Planning Board approval.

G. Uses. There shall be no limit to the number of permitted principal uses per lot.

§ 165-206. Nonresidential zoning regulations.

[Added 5-27-1993 by Ord. No. 516-93]

A. The minimum lot size shall be 10 acres, provided that the average lot size is 40 acres in the ROM-1 portion of the PDO and 20 acres in the ROM-2 portion of the PDO. Lots devoted exclusively to public utility uses shall not be counted in the lot averaging scheme.

B. The maximum floor area ratio shall be 0.5, provided PDO floor area is available.

C. The maximum impervious coverage per lot is 65% provided PDO nonresidential impervious coverage is available.

D. Minimum front yard: 75 feet.

E. Minimum side yard: 40 feet.

F. Minimum rear yard: 75 feet.

G. Parking:

(1) For office: four spaces per 1,000 square feet.

(2) For single user office building having more than 100,000 square feet: 3.5 spaces per 1,000 square feet.

(3) For research: as provided in § 165-71 A(10).

(4) For hotel/conference: as provided in § 165-71A(10).

H. Parking locations and setbacks.

(1) Not more than 10% of total surface parking may be allowed in the required front yard.

(2) Surface parking shall be set back 50 feet in the front yard and 25 feet in side and rear yards.

(3) No parking shall be located within any required buffer.