13-7.34 LVOR LIGHT INDUSTRIAL/ OFFICE RESEARCH DISTRICT

13-7.3401 Purpose

The LI/OR District provides for light industrial and office research uses with the aim of avoiding degradation of community environmental resources.

13-7.3402 Required Conditions

A. Principal Permitted Uses

1. Professional offices.

2. Business offices and research facilities.

3. Manufacturing limited to assembly of finished components.

4. Packaging of finished products.

5. Fabrication of clothing and apparel. failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval, herein required, and shall be so accepted by the Building Inspector for the purposes of issuing a building permit.

Whenever review or approval of the application by the Morris County Planning Board is required by N.J.S.A. 40:27-63 in the case of a subdivision or N.J.S.A. 40:266.6 in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Morris County Planning Board or approval by the Morris County Planning Board by its failure to report thereon within the required time period.

13-7.35 Conditional Uses

13-7.3501 Home Businesses

The provisions of this section are intended to apply to any occupation conducted in a dwelling unit by the principal resident. The business shall be subordinate to and conducted as an accessory use to the residential use.

A. The conduct and operation of the home business shall not adversely affect the safe, comfortable enjoyment of property rights by adjoining landowners.

B. Such business shall be contained entirely within the residential structure on the premises and shall not exceed twenty-five percent (25%) of the total floor area of the structure or 400 square feet, whichever is less.

C. Retail sales, manufacturing, processing and fabrication are prohibited.

D. More than one (1) employee that is not a resident of the dwelling is prohibited.

E. A minimum of two off-street parking spaces and a maximum of four off-street parking spaces excluding garage, shall be provided. Parking spaces shall be arranged in tandem. Formal parking lots are prohibited.

F. The design of any building must conform to the residential character of the area.

G. No sounds shall be audible outside the building.

H. The hours of operation shall be limited to the hours of 8 a.m. to 9 p.m.

1. Tractor trailer deliveries are prohibited.

J. The conditional use approval shall terminate with any change in ownership of the property.

13-7.3502 Residentially Flag Lots

Flag lots are those which have access to a public or private road by means of a narrow strip of property connecting the flag portion of the lot with the road. Except where otherwise noted, flag lots are only permitted in the R-R and RR-5 Rural Residential Districts and R-1 Residence District as a conditional use in accordance with the following requirements:

A. A subdivision proposal containing a flag lot shall contain no more than two lots (the flag lot and the remaining lot).

B. The flag lot and the remaining lot shall be deed restricted from further subdivision.

C. Only one flag lot shall be permitted.

D. The body of the lot, excluding the pole or strip which is owned by the applicant and which connects the lot to the roadway, shall have an area of not less than four (4) acres in the R-R Rural Residence District, not less than six

(6) acres in the RR-5 Rural Residence District, and not less than two and one-half (2 1/2) acres in the R-1 Residence District.

E. The pole of the flag which provides access to the roadway shall be a minimum of fifty (50) feet wide for its entire length and shall be owned as part of the lot.

F. The pole shall have a length of not less than two hundred (200) feet and no more than four hundred (400) feet in the R-1 Residence District and no more than five hundred (500) feet in the R-R and RR-5 Rural Residence Districts.

G. The said strip or pole connecting such lot to the road shall be reasonably suited for the construction and use as a private drive and emergency vehicle access and no building shall hereafter either be erected within said drive nor altered therein so as to obstruct or encroach into same.

H. The front lot line of the body of the lot shall be no closer than two hundred (200) feet from the roadway. The front lot line shall run approximately parallel to the road frontage.

1. A shared or common driveway involving the flag lot and remaining lot shall be permitted at the discretion of the Planning Board. A driveway maintenance agreement involving both lots shall be provided to the Board Attorney for review and approval.

J. Front yard, rear yard and side yard setbacks shall be twice the requirement of the respective zone district regulations.

K. Lot width and maximum building height shall be as set forth in the respective zone district regulations. development shall be designed to avoid a "big-box" appearance through ornamentation, building offsets, entry treatments and upgraded building materials. The GDP shall provide a design manual, including architectural standards to promote the project's design principles.

10. Internal roads shall remain in private ownership and shall be designed to prevent their use by through traffic.

11. There shall be no parking between any building and Howard Boulevard, Route 46, or Berkshire Valley Road, unless a 200 foot parking setback is maintained from those streets.

F. Building, Lot and Area Requirements

1. Minimum lot area: 10 acres.

2. Minimum lot width at setback: 400 feet.

3. Minimum lot frontage: 400 feet.

4. Minimum front yard setback: 150 feet.

5. Minimum rear yard setback for principal and accessory buildings shall be no less than 75 feet.

6. Minimum side yard setback for principal and accessory buildings shall be no less than 75 feet.

7. Maximum building height: four stories and not more than 48 feet. Hotels and conference centers shall not exceed a maximum height of 5 stories or 65 feet, including roof appurtenances.

8. Maximum floor area ratio: .25.



9. Maximum impervious coverage: 55 percent of the Tract area, excluding the open space component identified pursuant to paragraph EA above, provided that the maximum may be increased to 57% if all roof drains are piped to underground infiltration facilities.

10. Parking (inclusive of access aisles and driveways) coverage and setbacks:

a) No more than 25 percent of the front yard area shall be used for off-street parking.

b) Parking shall be located no closer than 60 feet to any adjoining external' right-of-way line or 20 feet to any internal road or property line within the front yard.

c) Parking shall be located no closer than 10 feet to any side or rear property line and no closer than 15 feet to any building.

d) Parking shall be located no closer than 100 feet to any adjacent residence district boundary line.

11.District boundary line restrictions: No building shall be built within 200 feet of any residence district boundary line; however, where a railroad right-of-way or power line easement abuts a residential district boundary line, the area within the right-of-way or easement may be considered in calculating the 200-foot district boundary line restriction but in no case shall the building setback from the property line be reduced to less than 50 feet.

12. Building Setbacks from Internal Roads: 50 feet

13-7.35 CONDITIONAL USES.

Before a building permit or certificate of occupancy shall be issued for any conditional use as permitted by this ordinance, application shall be made to the Planning Board. The Planning Board may approve a conditional use only if all requirements hereinafter set forth have been met and that all other terms and conditions of this Chapter and all applicable Township Ordinances have been satisfied.

In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Planning Board shall give due consideration to all reasonable elements which could affect the public health, safety and welfare including, but not limited to, the nature of the proposed use, the character of the area, traffic, access, noise, odors, lighting, signage, landscaping, drainage, sewage treatment and potable water supply.

Accordingly, the following conditional uses are allowed in the zones designated pursuant to N.J.S.A. 40:55D-67. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by developer to the Planning Board or, within such further time as may be consented to by the applicant.

The review by the Planning Board of a conditional use shall include the required site plan or subdivision review pursuant to Article 3. The time period for action by the Planning Board on conditional uses pursuant to this Section shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Planning Board Secretary as to the

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6. Mini-warehousing/ self-storage facilities.

7. Child care centers.

8. Essential services.

B. Accessory Uses

1. Uses on the same site which are clearly accessory to the principal permitted use and intended to serve the employees of the principal use, including central heating and power plants for furnishing heat and energy to structures on the site; educational facilities for training and study connected with the operation and activities of the owner or tenant; buildings, structures and areas used in connection with maintenance of buildings, grounds, and/or internals roads; buildings for storage of documents, records, testing, research and experimental equipment; clinics; cafeterias; sundry shops for the retail sale of articles to trainees and employees; recreational facilities.

2. Flexible office/warehouse: maximum 49% warehouse. Storage of hazardous materials is prohibited.

3. Off-street parking.

4. Fences.

5. Signs subject to the provisions of Section 13-8.9.

R. Conditional Uses

1. Institutional Uses

2. Nursing homes and assisted living facilities.

S. Prohibited Uses



1. Manufacturing from unfinished raw materials.

2. Warehousing or bulk storage of hazardous materials.

3. Facilities which generate, store, or handle hazardous materials or hazardous wastes, or which generate emissions, effluents or discharges, except sewage, subject to permitting or reporting requirements by federal, State or local environmental authorities.

4. Outdoor storage of materials or products.

5. Retail uses.

E. Area, Yard and Building Requirements



1. Identical to requirements for the 1-5 Limited Industrial District as set forth in Section 13-7.3102D.

13-7.34A PO/LI PLANNED OFFICE/ LIGHT INDUSTRIAL DISTRICT

13-7.34AO1 Purpose The PO/LI District is a Planned Commercial Development designed to be utilized on the tract of land comprising approximately 890 acres formerly utilized as an industrial site by the Hercules corporation (the "Hercules Tract").

13-7.34AO2 Required Conditions

A. Permitted Uses

1. Business, executive and professional offices

2. Light industrial uses limited to assembly of finished components and packaging of finished products.

3. Hotels and conference centers, including executive suite and extended-stay hotels.

4. Limited service businesses, including banks, sandwich/fast food shops, hairdressers, and travel agents, provided they are located within buildings occupied by offices, hotels or conference centers.

5. Warehouse: maximum 60% of the floor area of a building. Storage of hazardous materials is prohibited.

6. Child care centers.

7. Essential services.

B. Accessory Uses

1. Uses on the same site which are clearly accessory to the principal permitted use and intended to serve the employees of the principal use, including central heating and power plants for furnishing heat and energy to structures on the site; educational facilities for training and study connected with the operation and activities of the owner or tenant; buildings, structures and areas used in connection with maintenance of buildings, grounds and/or internal roads; buildings for storage of documents, records, testing, research and experimental equipment; clinics; cafeterias; sundry shops for the retail sale of articles to trainees and employees; recreational facilities.

2. Off-street parking and structured parking.

3. Fences.

4. Signs subject to the provisions of Section 13-8.9.

5. Other accessory uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use and do not change the character of the principal use.

C. Conditional Uses

1. Institutional uses.

2. Nursing homes and assisted living facilities.

D. Prohibited Uses

1. Uses prohibited in the LI/OR District pursuant to Section 137.3402D.

2. Mini-warehousing/ self-storage facilities.

3. Trucking depots.

4. Retail uses, except those permitted under subparagraph AA above.

E. General Development Plan

1. The Hercules Tract shall be developed in accordance with one or more General Development Plans (GDPs), each encompassing a minimum area of 200 acres, to be prepared by the developer(s) and reviewed by the Planning Board in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D45.1 through 45.3.

2. If the Tract is developed pursuant to multiple GDPs, there shall be an initial GDP that defines the overall layout of the development sites within the Tract and specifies the locations of the open space components.

3. The GDPs shall provide for primary access to and from the site directly to Interstate Route 80 and/or Howard Boulevard, with secondary access to Route 46 via Hercules Road. In no event shall the site utilize access to or from Berkshire Valley Road.



4. The initial GDP shall provide for at least 25% of the area of the Tract to be dedicated to open space, including both natural areas and recreational space, but excluding detention basins. The portion of the open space dedicated to active recreation shall not exceed 5% of the Tract area. The location of open space shall be consistent with the Township's Open Space Plan. Areas located within Planning Area 5 (PA5) of the State Plan shall be preferred as open space. Open space dedication and/or conservation easements acceptable to the governing body shall be required.

5. To the extent feasible, the open space components identified in the initial GDP shall be concentrated along Berkshire Valley Road, and the development component will be concentrated on the western portion of the site.

6. The GDPs shall provide for compliance with the bulk requirements of Section 13-7.34AO2F.

7. The GDPs shall include an enhanced pedestrian circulation plan with emphasis on access to public transportation, particularly the planned NJ Transit train station.

8. The GDPs shall include a signage package addressing identification of building complexes, individual tenants, and directional signs. Signage shall be designed in a comprehensive uniform manner incorporating architectural details reflecting the principal structures. A signage hierarchy shall be established with respect to identification of building complexes, individual tenants, and directional signs.

9. Design principles: The GDPs shall be designed to create a cohesive environment, with a strong visual identity, physically linked by pedestrian connections, plazas, and other amenities, and related by a comprehensive design theme. Landscaping, signage, site lighting, site furniture (benches, seating, trash receptacles, bike racks, etc.) paving materials and pedestrian network shall be designed as a coordinated component of the development. The architectural style of the planned

L. Such subdivision approval shall not in any way obligate or require the Township to pave, repair, replace or maintain, improve or acquire such 50 foot lane or pole for public road purposes or to provide snow removal therefrom.