Hanover Township City Zoning Code
ARTICLE XXXIC
WC Whippany Center District
§ 166-186.12 Intent.
A.
The proposed WC District is designed to encourage redevelopment of a limited area near the center of Whippany with traditional small- to medium-scale retail sales establishments, professional offices and other commercial uses that provide goods and services primarily to the population within the Township of Hanover and, to a lesser extent, adjacent municipalities. In addition, in order to promote a more coordinated form of development and to ensure the provision of affordable housing, the zone district includes an option for a higher-density mixed-use planned commercial development, with more flexible development standards.
B.
The development standards for the district are intended to recognize and address certain existing problems in the district, including a mix of incompatible uses, insufficient lot areas and setbacks, excessive lot coverage, access constraints and flooding and water quality issues related to area watercourses. The standards are designed to encourage the assembly of smaller land parcels into larger lots that can accommodate development without resulting in excess coverage, insufficient setbacks or undue environmental impacts. It is intended to limit smaller lots to lower-intensity uses that generate less traffic and need less parking and smaller buildings.
C.
The regulations are also intended to avoid a "highway strip" development pattern and appearance and to prevent access and circulation problems by restricting the location of parking and other paved areas, limiting the number and spacing of driveways, prohibiting or limiting freestanding signs and by requiring buildings and parking areas on adjacent lots to be separated by landscaped areas.
§ 166-186.13 Permitted principal uses.
The following principal uses and structures shall be permitted in the WC Zone District, subject to the limitations in § 166-186.16:
A.
Retail sales establishments limited to the following, as defined by the North American Industry Classification System, 2007 edition:
(1)
Automotive parts and accessories stores, excluding tire dealers.
(2)
Furniture and home furnishings stores.
(3)
Electronics and appliance stores.
(4)
Paint and wallpaper stores.
(5)
Hardware stores.
(6)
Food and beverage stores.
(7)
Health and personal care stores, including but not limited to pharmacies and drug stores.
(8)
Clothing and clothing accessories stores.
(9)
Sporting goods, hobby, and musical instrument stores.
(10)
General merchandise stores.
(11)
Miscellaneous store retailers, except manufactured (mobile) home dealers and merchandise auction houses.
B.
Banks.
C.
Business, administrative and professional offices.
D.
Personal services establishments limited to:
F.
Eating and drinking establishments. Drive-in restaurants shall only be permitted as part of a planned commercial development as permitted and regulated by this article.
[Amended 10-11-2018 by Ord. No. 28-2018]
G.
Child-care centers.
H.
Governmental buildings and uses and public parks and playgrounds.
I.
Residential dwelling units located in a mixed use (nonresidential-residential) building and where the dwelling units are located on the upper floors of the building (i.e., not on the ground or basement floor).
J.
Planned commercial development as regulated by this article and by other applicable provisions of this chapter.
K.
Food and beverage manufacturing establishments that engage in selling to the general public products made on the same premises from which they are sold, limited to chocolate and confectionery manufacturing, ice cream and frozen dessert manufacturing, bread and bakery product manufacturing, perishable prepared food manufacturing, breweries, distilleries and wineries, provided that they comply with all of the following requirements:
[Added 6-8-2017 by Ord. No. 15-17; amended 12-14-2017 by Ord. No. 24-2017]
§ 166-186.14 Permitted accessory uses.
The following accessory uses and structures shall be permitted in the WC Zone District, subject to the limitations in § 166-186.16:
A.
Storage buildings.
B.
Parking garages.
C.
Surface parking and loading areas and driveways.
D.
Signs.
E.
Outdoor dining facilities. Outdoor dining facilities accessory to a permitted eating or drinking establishment or food and beverage manufacturing establishment shall be subject to the provisions of § 166-119.5, provided that § 166-119.5C 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 § 166-119.5H shall not apply, but shall be superseded by the requirements in this article.
[Amended 9-22-2016 by Ord. No. 25-16; 6-8-2017 by Ord. No. 15-17]
F.
Other accessory uses and structures that are customarily incidental to a permitted principal use.
§ 166-186.15 Conditional uses.
[Amended 12-14-2017 by Ord. No. 24-2017]
Conditional uses as set forth and regulated in § 166-150 are permitted in the WC District.
§ 166-186.16 Prohibited uses.
Any use or structure other than those uses or structures permitted in §§ 166-186.13 through 186.15 above are prohibited. In addition, and not withstanding the above permitted uses, the following uses shall be specifically prohibited:
A.
Residential construction or conversion, except as specifically permitted by § 166-186.13.
B.
The display of goods for sale outside the confines of a building and any business conducted outside the confines of a building, except for drive-in banks, drive-in pharmacies, drive-in restaurants, and outdoor dining as permitted in this article.
[Amended 4-9-2009 by Ord. No. 8-09; 9-22-2016 by Ord. No. 25-16; 6-8-2017 by Ord. No. 15-17; 10-11-2018 by Ord. No. 28-2018]
C.
Outdoor amusements.
D.
Storage yards.
E.
Lumber and other building materials establishments.
F.
The sale of motor vehicles, mobile homes, trailers and campers.
G.
Fuel oil dealers.
H.
Auction establishments.
§ 166-186.17 Development standards for conventional development.
The following development standards shall apply to conventional development within the WC Zone District:
A.
Minimum lot area: 20,000 square feet.
[Amended 12-14-2017 by Ord. No. 24-2017]
B.
Minimum lot width: 75 feet.
C.
Minimum lot depth: 125 feet.
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:
[Amended 12-14-2017 by Ord. No. 24-2017]
E.
Maximum floor area, retail uses. No retail establishment shall be permitted to have a floor area that exceeds 25,000 square feet.
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.
[Amended 12-14-2017 by Ord. No. 24-2017]
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:
[Amended 12-14-2017 by Ord. No. 24-2017]
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:
[Amended 12-14-2017 by Ord. No. 24-2017]
I.
Maximum building height: two stories and 37 feet, with a minimum vertical distance of at least 12 feet provided between the eaves and peak of the roof. The main roof area of buildings, excluding such features as dormers, projections, etc., shall have a minimum pitch of 5:12 (vertical:horizontal) and such roof shall extend to all exterior building facades.
[Amended 4-9-2009 by Ord. No. 8-09]
J.
Minimum yard depths.
(1)
Minimum front yard depth: 50 feet, except for front yards which abut School Street. A minimum front yard depth of five 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.
[Amended 12-14-2017 by Ord. No. 24-2017]
(2)
Minimum side yard depth: 20 feet.
(3)
Minimum rear yard depth: 25 feet.
K.
Maximum number of principal buildings: one per lot.
L.
Residential use requirements.
(1)
Residential uses shall only be permitted in the principal building.
(2)
The floor area devoted to residential use shall not exceed 50% of the gross floor area of the principal building.
(3)
The year-round habitable floor area for each dwelling unit shall not be less than 300 square feet, plus 300 square feet for each bedroom in the dwelling unit. Each dwelling unit shall contain at least one bedroom.
(4)
No more than two dwelling units shall be permitted in any building or on any lot.
(5)
No residence shall be permitted in the same building with a nonresidential use that operates between the hours of 10:00 p.m. and 6:00 a.m.
(6)
No residence shall be permitted on the same lot as any nonresidential use involving the sale, maintenance, repair, washing or fueling of motor vehicles.
(7)
Any developer of a mixed nonresidential/residential development shall demonstrate, as part of any site plan review, that the nonresidential and residential uses are compatible with each other, and will not result in parking, access or safety concerns, or nuisance concerns related to excessive noise, smoke, odors, nighttime illumination, vibration and other impacts.
M.
Parking and loading. Parking and loading shall be provided as regulated by §§ 166-153 and 166-155 through 166-157. In addition, the following shall apply:
(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 five feet from the School Street right-of-way. In addition, no more than 1/2 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.
[Amended 12-14-2017 by Ord. No. 24-2017]
(2)
Parking areas and drives must be located at least 12 feet from any side lot line.
(3)
Parking areas and drives must be located at least 10 feet from any rear lot line.
N.
Access. When located on a state highway, the number and location of driveways shall be as permitted by the State Highway Access Management Code. On other roadways, the number and location of driveways shall be 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.
[Amended 12-14-2017 by Ord. No. 24-2017]
(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.
[Added 4-9-2009 by Ord. No. 8-09]
P.
No establishment shall be permitted to use any noisemaking devices, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, so situated as to be heard outside any building; provided that permitted drive-through establishments shall be permitted to use such microphones and speakers that are minimally necessary for the functioning of the drive-through operation if the developer demonstrates that such activity will not interfere with the reasonable use of other businesses, dwellings or other establishments within the development or on adjacent nearby properties.
[Amended 4-9-2009 by Ord. No. 8-09]
Q.
The display of merchandise placed on the exterior premises of any building is prohibited.
R.
Architectural design. Buildings shall be designed and placed in accordance with the following provisions:
(1)
The architectural design of buildings shall promote a desirable visual environment through the relationship of design features, such as height and mass, building proportions, rooflines, building projections and ornamental features.
(2)
The design of buildings shall be harmonious with the character of existing development in the immediate vicinity and which enhances the character of the surrounding neighborhood and the Township as a whole, and avoids adversely affecting the value of adjacent or nearby properties.
(3)
The use of exterior colors, facade or roof materials, or such combination of colors and materials, shall be compatible with and enhance the character of existing development.
(4)
Excessive uniformity or monotony of design within the context of existing development in the neighborhood shall be avoided.
(5)
Building components such as windows, doors, eaves and parapets shall have proportions in keeping with each other, the building and the neighborhood as a whole.
(6)
Bright or brilliant colors shall be used only for accent and shall not substantially depart from the character of existing neighborhood colors so as to detract from the overall appearance of the neighborhood.
(7)
All sides of the building shall contribute to the architectural unity of the building by using similar building materials for the front, side and rear walls, and through other methods.
(8)
Large unbroken building masses shall be avoided through the uses of projections, recesses, varying materials and other methods.
(9)
All buildings shall use durable material requiring low maintenance, such as brick, stone, stucco, glass, precast concrete, aluminum or vinyl siding, and wood, when properly treated. Where durability and performance are questionable, the applicant may be asked to provide a manufacturer's guaranty or proof of durability from an independent testing laboratory certification. The use of exposed concrete block is prohibited, unless it is architectural prefinished block.
S.
Buffers. Landscaped buffers shall be provided as follows:
(1)
A landscaped buffer at least 15 feet in depth shall be provided for that portion of any development located directly across the railroad property from the R-15 Zone District. Such buffer shall be located outside the railroad property, and shall be designed to screen the view between development in the WC Zone District and the railroad and adjoining R-15 Zone District.
(2)
A landscaped buffer at least 10 feet in depth shall be provided between any parking area in the WC Zone District and the lot line or the limits of the permitted development rights adjacent to the railroad tracks as provided by an easement or lease agreement. The buffer shall be designed to screen the view between the parking area/drives and the railroad line.
T.
If any land located on the railroad property or right-of-way is to be used or improved for access, parking or other purposes within the WC Zone District, the developer shall be required to demonstrate that the legal rights for such use and improvements exist and that such rights are to remain in effect for the life of the development, (e.g., a permanent easement or a ninety-nine-year lease).
§ 166-186.18 Development standards for planned commercial development.
The following development standards shall apply to planned commercial development within the WC Zone District:
A.
Minimum tract area: eight contiguous acres.
[Amended 9-22-2016 by Ord. No. 25-16; 12-14-2017 by Ord. No. 24-2017]
B.
Any planned commercial development shall be developed as a single entity. For purposes of administering this provision, the following shall apply:
(1)
The developer shall demonstrate, to the satisfaction of the Board, that the development is a single entity, as evidenced by the following features: shared access, parking and drainage, as appropriate; a uniform or at least compatible design theme as it relates to vehicular and pedestrian site circulation, building architecture, signage, lighting and landscaping; and a single or unified control over the operation and maintenance of common areas within the development.
(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.
[Amended 9-22-2016 by Ord. No. 25-16]
(3)
As a condition of any approval of a planned commercial development, the developer shall provide, subject to approval of the Board, covenants, deed restrictions and/or other binding and enforceable controls upon the development sufficient to ensure that, notwithstanding the fact that the development may consist of multiple lots, all lots and common areas shall continue to be designed as and to function as a single entity.
(4)
If phased development is proposed, the developer shall submit a phasing plan that demonstrates, to the satisfaction of the Board, adequate provisions to ensure completion of total planned commercial development within specified time frames and an appropriate mix of land uses, affordable housing, parking and loading spaces, site access and circulation, utility services, drainage controls, landscaping and lighting at the completion of each phase.
(5)
If any land located on the railroad property or right-of-way is to be used or improved for access, parking or other purposes within the WC Zone District, the developer shall be required to demonstrate that the legal rights for such use and improvements exist and that such rights are to remain in effect for the life of the development, (e.g., a permanent easement or a ninety-nine-year lease).
C.
Lot, bulk, density and intensity of use standards. Where the term "net tract area" is used below, the same shall be defined as incorporating all assembled contiguous lots and any land upon which development rights exist, which rights are guaranteed to remain in effect through the life of the development, but excluding floodways, wetlands, wetlands transition areas and road-widening easements.
(1)
Minimum lot area: none.
(2)
Minimum lot width: none.
(3)
Minimum lot depth: none.
(4)
Minimum lot frontage: none required, provided that access to a public street is provided by means of an access easement.
(5)
Maximum floor area ratio: 35% of the net tract area of the planned commercial development.
[Amended 12-14-2017 by Ord. No. 24-2017]
(6)
Maximum floor area, retail uses. No retail establishment shall be permitted to have a floor area that exceeds 25,000 square feet.
(7)
Maximum building coverage: 25% of the net tract area of the planned commercial development.
(8)
Maximum improvement coverage: 75% of the net tract area of the planned commercial development.
(9)
Maximum height of principal buildings: two stories and 37 feet, with a minimum vertical distance of at least 12 feet provided between the eaves and peak of the roof. Notwithstanding the foregoing, a height of up to three stories and 52 feet, with a minimum vertical distance of at least 12 feet provided between the eaves and peak of the roof, shall be permitted for buildings located at least 175 feet from the Route 10 right-of-way and 550 feet from the Troy Hills Road right-of-way, and at least 150 feet from any property developed for, or permitted to be developed for, residential use and which is located in a residential zone district. The main roof area of buildings, excluding such features as dormers, projections, etc. shall have a minimum pitch of 5:12 (vertical:horizontal) and such roof shall extend to all exterior building facades.
[Amended 4-9-2009 by Ord. No. 8-09]
(10)
Minimum yard depths. Unless specified otherwise below, the minimum yard depths for principal buildings specified below shall be measured from the overall tract boundary of the planned commercial development, and shall not apply to individual lot boundaries within the development.
(a)
Minimum front yard depth: 50 feet, except for front yards which abut School Street. A minimum front yard depth of five 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.
[Amended 12-14-2017 by Ord. No. 24-2017]
(b)
Minimum side and rear yard depths: 25 feet. The Board may reduce this requirement by up to 50% without the requirement for variance approval when the tract boundary coincides with a railroad right-of-way, provided that such waiver will not interfere with the railroad operation or result in substantial detriments to the users of the building and further provided that all applicable buffer requirements for the zone district are complied with.
(11)
Maximum number of principal buildings: unlimited.
[Amended 12-14-2017 by Ord. No. 24-2017]
D.
Mixed-use standards.
(1)
Minimum gross floor area devoted to retail sales, banks, personal services, rental and leasing services, and food and drinking establishments, all as permitted by § 166-186.13: 40% of the gross floor area, excluding basements, within the planned commercial development.
[Amended 12-14-2017 by Ord. No. 24-2017]
(2)
Maximum gross floor area devoted to nonresidential buildings other than retail sales, banks, personal services, rental and leasing services, and food and drinking establishments, all as permitted by § 166-186.13: 20% of the gross floor area, excluding basements, within the planned commercial development.
[Amended 12-14-2017 by Ord. No. 24-2017]
(3)
Maximum gross floor area devoted to residential uses: 60% of the gross floor area, excluding basements, within the planned commercial development.
[Amended 12-14-2017 by Ord. No. 24-2017]
(4)
Maximum residential density: 5.25 dwelling units per gross acre of the planned commercial development, but not to exceed 46 dwelling units.
[Amended 12-14-2017 by Ord. No. 24-2017]
(5)
Residential use shall only be permitted in a principal building and only in combination with a nonresidential use in the same building. Residential use shall be prohibited on the ground floor or in the basement of the building, except that the ground floor may be used only as needed to provide access, mail delivery and other functions that must necessarily be provided on the first floor, and except that dead storage ancillary to residential use shall be permitted within a basement.
(6)
Within any building, not more than 80% of the total gross floor area of the building, exclusive of basements, shall be devoted to residential use. This limitation shall include areas devoted to dwelling units but also common hallways and vestibules, stairwells, elevators, storage other than in the basement, etc.
(7)
Any developer of a mixed nonresidential/residential development shall demonstrate, as part of any site plan review, that the nonresidential and residential uses are compatible with each other, and will not result in parking, access or safety concerns, or nuisance concerns related to excessive noise, smoke, odors, nighttime illumination, vibration and other impacts.
E.
Affordable housing requirements.
(1)
The developer of any planned commercial development shall be required to provide within the planned commercial development affordable housing units in accordance with the following ratios:
(a)
At least one affordable unit for every four market-rate dwelling units in the project, but not less than nine affordable units. In the event that a fractional unit is required, the developer shall have the options of: 1) converting a market-rate unit to an affordable unit in the development or at an off-site location; 2) creating a new affordable unit at an off-site location; or 3) making a payment in lieu of creating the fractional unit. If the developer chooses the payment-in-lieu option, the payment amount shall be the equivalent fraction of the difference between the land and construction costs to create a new residential unit and the initial affordable price for the same unit, assuming the unit were constructed in the same manner as an additional affordable unit in the same development conforming with all applicable requirements for affordable units in the development.
[Amended 12-14-2017 by Ord. No. 24-2017]
(b)
In addition to the above obligation, additional affordable units may be required if the Township or another developer subsidizes the cost of such units. Such additional affordable units shall not increase the maximum permitted density for planned commercial development. The following procedures shall be used to determine if additional affordable units shall be required:[1]
[1]
Prior to filing a development application with the Planning Board or Board of Adjustment, the developer of any housing units within the district shall notify by certified mail the Township Administrator of his/her intent to file the application.
[2]
The Township shall within 45 days of the mailing of such notice indicate whether or not it or another developer is interested in subsidizing the creation of additional affordable units in the development.
[3]
If the Township fails to respond within 45 days, or indicates that it or another developer is not interested in subsidizing additional affordable units, the developer may proceed to file the development application and shall not be required to construct additional affordable units.
[4]
If the Township or another developer indicates within the required 45 days a willingness to subsidize additional affordable units, the developer shall be required to negotiate the amount and terms of the subsidy with the Township or other developer, as applicable. If the parties cannot reach an agreement of the terms of the subsidy within 60 days of the notice of an interest in providing the subsidy, or any extension of such time that may be granted by the developer, the developer may proceed to file the development application and shall not be required to construct additional affordable units.
[1]
Editor's Note: Former Subsection E(1)(b), regarding nonresidential development, was repealed 9-22-2016 by Ord. No. 25-16. This ordinance also redesignated former Subsection E(1)(c) as Subsection E(1)(b).
(2)
All affordable units to be created shall be eligible for credit against the Township's affordable housing obligation and to that end shall comply with all applicable regulations of the New Jersey Council on Affordable Housing and all other rules that apply to affordable housing units.
F.
Access, circulation and parking requirements.
(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.
[Amended 12-14-2017 by Ord. No. 24-2017]
(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, not more than two driveways 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.
(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, except as may otherwise be required by the State Highway Access Management Code.
(3)
No drive-in use shall have direct driveway access to any public street; driveway access to drive-in uses shall only be from driveways that are internal to the planned commercial development.
(4)
Parking and loading shall be provided as regulated by §§ 166-153 and 166-155 through 166-157. In addition, the following shall apply, provided that the required setbacks below for parking areas and drives shall not be measured from individual lot boundaries, but from the overall planned commercial development boundary:
(a)
No setbacks from the rear lot line of Block 7501, Lot 9, or the side lot line of Block 7501, Lot 5.01, shall be required for parking areas and drives if a shared parking and/or shared access agreement is provided between the planned commercial development and such adjacent properties.
(b)
If parking or driveways for the planned commercial development are proposed within the railroad property or right-of-way on Block 7501, Lots 1 and/or 1.01, the required setback for such parking or drives shall be measured from the limits of the easement or lease area, but no greater than the defined area within which the development rights for the planned commercial development exist.
(c)
Off-street parking areas and drives 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 1/2 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:
[Amended 12-14-2017 by Ord. No. 24-2017]
[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.
(d)
Off-street parking areas in the WC Zone District shall be located at least five feet from the westerly and easterly sides of the right-of-way of School Street.
[Added 12-14-2017 by Ord. No. 24-2017]
(5)
Parking areas and drives in the side yards must be located so as to comply with the required buffers for the WC Zone District.
(6)
Parking areas and drives in the rear yards must be located so as to comply with the required buffers for the WC Zone District.
(7)
Vehicular circulation shall be designed to discourage high speed travel and to encourage separation of vehicular traffic from pedestrian movements. In addition, access aisles in parking areas shall be designed primarily to provide direct access to adjacent parking spaces and not as driveways or internal roadways for the development. In order to achieve these objectives, the development shall contain at least one internal roadway designed as a thoroughfare to connect public streets abutting the development, which roadway shall be separated from and unobstructed by parking areas. In the alternative, the development shall be designed to prevent vehicles, except in the event of an emergency, from traveling between public streets abutting the development by way of the access aisles in parking areas in the development.
(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.
[Amended 12-14-2017 by Ord. No. 24-2017]
H.
Architectural design. Buildings shall be designed and placed in accordance with the requirements for conventional development. The design of buildings in the planned commercial development shall place particular emphasis on creating a unified single development theme through the use of consistent and compatible building architectural styles, rooflines, building fascia, and roof materials, colors and other features; certain quality national retailers, architectural prototypes may be used provided they are designed to conform to the unified architectural development theme.
I.
Common area requirements. Within any planned commercial development, there shall be provided an outdoor area or areas for site residents, site employees and site visitors, designed to encourage assembly and social interaction. The following requirements shall apply:
(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.
[Amended 12-14-2017 by Ord. No. 24-2017]
(2)
Such areas shall incorporate benches, landscaping, lighting and other features so as to make the areas attractive and inviting and to encourage their use.
(3)
Such areas shall be designed to not interfere or conflict with the use of various buildings in the development and shall be designed to not interfere with or reduce the safety of pedestrian or vehicular circulation.
(4)
Outdoor dining facilities that are associated with and designed to accommodate patrons of a specific restaurant or restaurants shall not be construed to be common areas for purposes of this subsection.
J.
Buffers. Landscaped buffers shall be provided as follows:
(1)
R-15 Zone buffer. A continuous solid fence six feet high and a landscaped buffer shall be provided for that portion of any development located directly across the railroad property from the R-15 Zone District. Said fencing shall be located along the property line that is located across the railroad property from the R-15 Zone District. Such fencing and landscape buffer shall be located outside the railroad property and shall be designed to screen the view between development in the WC Zone District and the railroad and the R-15 Zone District and such fencing shall be designed to discourage persons from traveling onto the railroad property from the development. The developer shall have the option to implement one of the two following options:
(a)
A landscaped buffer at least 12 feet in depth at any point; or
(b)
A landscaped buffer that uses a buffer averaging plan. The buffer averaging plan must not result in an average buffer depth that is less than 15 feet, must not reduce any portion of the buffer to less than 50% of the required average depth, and must not compensate for a decrease in a buffer by increasing the depth of any portion of the buffer to more than 150% of the required average depth.
(2)
Railroad tracks buffer. A continuous solid fence six feet high and a landscaped buffer shall be provided between any parking area in the WC Zone District and the railroad tracks, except when a greater buffer is required by Subsection J(1) above. Said fencing shall be located along the property line or leasehold line, as applicable, that is located closest to the railroad tracks. The fencing and landscape buffer area shall be designed to screen the view between the parking area and drives and the railroad line and such fencing shall be designed to discourage persons from traveling onto the railroad property from the development. The developer shall have the option to implement one of the two following options:
(a)
A landscaped buffer at least 10 feet in depth at any point; or
(b)
A landscaped buffer that uses a buffer averaging plan. The buffer averaging plan must not result in an average buffer depth that is less than 10 feet, must not reduce any portion of the buffer to less than 50% of the required average depth, and must not compensate for a decrease in a buffer by increasing the depth of any portion of the buffer to more than 150% of the required average depth.
K.
Miscellaneous.
(1)
No establishment shall be permitted to use any noisemaking devices, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, so situated as to be heard outside any building; provided that permitted drive-through establishments shall be permitted to use such microphones and speakers that are minimally necessary for the functioning of the drive-through operation, and further provided that the Planning Board, as part of any site plan approval, may permit limited outdoor music and/or entertainment accessory to outdoor dining within the development. In any case where noisemaking devices, music and/or entertainment is proposed, the same shall be permitted only if the developer demonstrates, as part of any site plan application, that such activity will not interfere with the reasonable use of other businesses, dwellings or other establishments within the development or on adjacent or nearby properties.
[Amended 4-9-2009 by Ord. No. 8-09; 10-11-2018 by Ord. No. 28-2018]
(2)
Notwithstanding any other provision of this chapter to the contrary, the Planning Board may permit limited outdoor display of merchandise accessory to a permitted nonresidential use on the premises if the developer demonstrates that such display will not be visible from nearby residential areas, will not be a distraction or prominently visible from any public street. Such display shall only be designed and permitted as a convenience to users of the planned commercial development while present on the site.