Morris Township City Zoning Code
ARTICLE III
Use Regulations
§ 95-9 Applicability.
The use regulations applicable to each zone within the Township of Morris are as follows.
§ 95-10 RA-130 Single-Family Residential Zone.
A.
B.
The following are permitted accessory uses in the RA-130 Single-Family Residential Zone:
§ 95-10.1 RA-87 Single-Family Residential Zone.
[Added 12-19-2012 by Ord. No. 17-12]
§ 95-11 RA-35 Single-Family Residential Zone.
A.
The following are permitted principal uses in the RA-35 Single-Family Residential Zone:
(1)
Any RA-130 Zone permitted principal use.
B.
The following are permitted accessory uses in the RA-35 Single-Family Residential Zone:
§ 95-12 RA-25 Single-Family Residential Zone.
A.
The following are permitted principal uses in the RA-25 Single-Family Residential Zone:
(1)
Any RA-130 Zone permitted principal use.
B.
The following are permitted accessory uses in the RA-25 Single-Family Residential Zone:
§ 95-13 RA-15 Single-Family Residential Zone.
B.
The following are permitted accessory uses in the RA-15 Single-Family Residential Zone:
§ 95-14 RA-11 Single-Family Residential Zone.
A.
The following are permitted principal uses in the RA-11 Single-Family Residential Zone:
(1)
Any RA-130 Zone permitted principal use.
B.
The following are permitted accessory uses in the RA-11 Single-Family Residential Zone:
§ 95-15 RA-7 Single-Family Residential Zone.
A.
The following are permitted principal uses in the RA-7 Single-Family Residential Zone:
(1)
Any RA-130 Zone permitted principal use.
B.
The following are permitted accessory uses in the RA-7 Single-Family Residential Zone:
§ 95-16 RB-7 Multiple-Family Residential Zone.
B.
The following are permitted accessory uses in the RB-7 Multiple-Family Residential Zone:
(1)
Any RA-130 Zone permitted accessory use.
(2)
Off-street parking and loading facilities.
(3)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
§ 95-17 RG-5 Multiple-Family Residential Zone.
B.
The following are permitted accessory uses in the RG-5 Multiple-Family Residential Zone:
§ 95-18 SC Senior Citizens Housing Zone.
B.
The following are permitted accessory uses in the SC Senior Citizens Housing Zone:
§ 95-18.1 PRC Planned Retirement Community Zone.
[Added 9-23-1998 by Ord. No. 13-98; amended 12-7-2005 by Ord. No. 32-05; 9-20-2006 by Ord. No. 17-06]
A.
The following uses, as defined in § 95-34.2, are permitted principal uses in the PRC Planned Retirement Community Zone:
B.
The following are permitted accessory uses in the PRC Zone:
(1)
Accessory uses necessary to provide the support services specified in § 95-34.2B(11) to nursing home/long-term care facilities, residential health care facilities, assisted-living residences or any combination of these uses.
(2)
Accessory uses for age-restricted housing as provided in § 95-34.2B(12).
(3)
Any use found by the Planning Board to be permitted as a matter of law as an accessory use to a permitted principal use.
(4)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
§ 95-18.2 TH-4 Townhouse Residential Zone.
[Added 10-17-2007 by Ord. No. 24-07]
B.
The following are permitted accessory uses in the TH-4 Townhouse Residential Zone:
D.
Development requirements.
(1)
Maximum density shall be not more than four dwelling units per gross acre. Gross acreage shall include all area within the tract boundary lines.
(2)
Building requirements.
(a)
Design.
[1]
No dwelling unit shall have a floor area of less than 800 square feet.
[2]
Each dwelling unit shall have not less than two exposures.
[3]
There shall be no more than four dwelling units in any single building.
[4]
No dwelling unit or group of dwelling units shall exceed 2 1/2 stories or 35 feet, whichever is less. No living space shall be permitted above the second floor.
[5]
No more than two adjacent dwelling units may be constructed without providing a front wall setback of not less than four feet.
[6]
Common accessory buildings and facilities shall be designed to harmonize with the overall character of the development and shall meet the setback requirements set forth herein for groups of dwelling units.
(b)
Tract setbacks. Each building shall not be less than 125 feet from any public street, 75 feet from a lot zoned or used for single-family residential use and 60 feet from any other tract boundary.
(d)
Parking: in compliance with minimum tract setbacks and buffers.
(3)
Minimum tract buffers of natural and/or heavily landscaped buffer, except for driveway crossings by the most direct route and walking trails:
(4)
All parking shall comply with the requirements of the New Jersey Residential Site Improvement Standards (RSIS).
(7)
Permitted accessory uses, buildings and structures for TH-4 developments shall be as follows:
(a)
Recreational, social and communal facilities for the exclusive use of residents of the community and guests; the minimum setbacks from all property lines and streets shall be the same as for principal uses, buildings and structures.
(b)
Active and passive outdoor recreation facilities; the minimum setbacks from all streets shall be the same as for principal uses, buildings, and structures, except for driveway crossings by the most direct route and walking trails.
(c)
Off-street parking areas, which shall be screened by landscaping and comply with all minimum setbacks and buffers from property lines and public streets.
(d)
Individual and common mailboxes, which shall be placed in convenient locations accessible only from interior development drives and not closer to any street than a principal building.
(e)
A freestanding tablet or monument sign not larger than six square feet in area and not higher than five feet identifying the development. Project signage shall be compatible in color, materials and architectural details with the principal buildings and shall be set back a minimum of 10 feet from any public street.
(8)
Utilities. Connection to the public water and sewer system is required for each use permitted in the TH-4 Zone. All utility and cable runs shall be underground.
(9)
Project design. The following civic design elements, treatments, and site details shall be applied within the TH-4 Zone in a manner to be approved by the Planning Board at site plan review:
(a)
Buildings or structures with designs of historic or architectural style evoking local history and other uses or structures which create focal points and points of interest within the district; special ground texture treatments, including the use of paving brick, concrete paver walks and crosswalks.
(b)
Landscaping site details and street furniture, including traditional-style benches, decorative trash receptacles, ornamental tree grates and planters and planting beds edged with Belgian block, brick or other decorative masonry materials. Interior landscaped courtyards, atriums, and other greens and common open spaces shall be favored in the design of site plans and varied design options provided to the Planning Board for review.
(c)
Street trees which are tolerant of roadway and parking lot environments, including zelkova, littleleaf linden, honey locust, green ash, London plane, red maple, bradford callery pear and redspire pear.
(d)
Fences, low walls and ornamental metalwork, each not exceeding four feet in height, and hedges are permitted where appropriate to define on-site open space courtyards, parking areas, pedestrian walks and like spaces. Masonry elements may include brick, stone or stucco. All fencing shall be of traditional design and shall have decorative caps, rails and posts. Chain-link fencing shall not be used for decorative purposes and shall be used only if black vinyl-coated and approved by the Planning Board at site plan review for applications such as dumpster enclosures or security fencing.
(e)
An overall landscaping plan shall be submitted for the entire development. A detailed landscaping plan indicating the type, size, and spacing of all grasses, plants, shrubs, and evergreen and deciduous trees shall also be submitted for each typical townhouse grouping.
(10)
Lighting. The following outdoor lighting requirements shall be applicable:
(a)
Site lighting and streetlighting shall be decorative fixtures and poles in traditional designs. Standard fixture and pole details shall be obtained from the Township Engineer's office.
(b)
Streets and sites shall provide adequate lighting with fixtures not exceeding an overall height of 15 feet above grade. Such fixtures shall minimize adverse visual impacts, such as glare and overhead sky glow, on adjacent properties and on any public right-of-way. Light cutoff shields shall be provided where fixtures abut a residential use and in other locations as directed by the Planning Board.
(c)
Along sidewalks, walkways, courtyards, community greens and interior open spaces, decorative lampposts not exceeding 12 feet in height shall be installed in accordance with a lighting plan which shall be approved by the Planning Board with the advice of the Board Engineer.
(d)
Use of minimum wattage metal halide or color-corrected sodium light sources is required. Non-color-corrected low-pressure sodium and mercury vapor light sources are prohibited.
(e)
Building facade lights and yard post lighting shall be incorporated into the overall lighting plan design; all fixtures shall be of compatible design and detail with site and streetlights.
(f)
Lighting for the permitted freestanding sign shall be by an external ground-mounted fixture or fixtures shielded from adjoining properties and any public street.
(g)
Lighting levels at all property lines shall not exceed 0.1 footcandle except where driveways meet a public street.
(h)
The provisions of this subsection regulating the height of lighting fixtures and maximum footcandle levels at property lines shall be deemed zoning regulations. All other provisions of this subsection shall be design standards.
(11)
Refuse and recyclables storage. Individual trash and recyclable storage space shall be provided within the garages of each townhouse.
(12)
Development fee requirement. The developer of each townhouse constructed in the TH-4 Zone shall be required to pay a development fee for such townhouse unit under any development fee ordinance adopted by the Township of Morris which is in effect at the time of the issuance of a certificate of occupancy for such unit.
§ 95-19 TH-6 Townhouse Residential Zone.
B.
The following are permitted accessory uses in the TH-6 Townhouse Residential Zone:
§ 95-20 TH-8 Townhouse Residential Zone.
B.
The following are permitted accessory uses in the TH-8 Townhouse Residential Zone:
§ 95-20.1 TH-7.5/AH Townhouse Residential Affordable Housing Zone.
[Added 5-24-2018 by Ord. No. 15-18]
B.
The following are permitted accessory uses in the TH-7.5/AH Zone:
(1)
Customary accessory uses to a permitted principal use.
(2)
Off-street parking areas.
(3)
Recreational, social and communal facilities for the exclusive use of residents and guests; the minimum setbacks from property lines and streets shall be the same as for principal uses, buildings and structures.
(4)
Active and passive outdoor recreation facilities for the exclusive use of residents and guests; the minimum setbacks from property lines and streets shall be the same as for principal uses, buildings and structures.
D.
Development and design requirements.
(1)
Maximum density shall not be more than 7.5 units per gross acre. A minimum of 20% of the total number of units shall be set aside for low- and moderate-income households.
(2)
No building or structure shall be located less than 35 feet from the right-of-way of Mt. Kemble Avenue. No building or structure shall be located closer than five feet from an internal access drive.
(3)
Side yard. There shall be a side yard of not less than 40 feet. No parking shall be permitted within a side yard.
(4)
Rear yard. There shall be a rear yard of not less than 35 feet. No parking shall be permitted within a rear yard.
(5)
The width of any individual townhouse unit shall not be less than 24 feet.
(6)
There shall be no more than four townhouse units in any structure that does not also include multifamily affordable units.
(7)
There shall be no more than 12 units in any structure containing a mix of market-rate townhouse and multifamily affordable units.
(8)
Market-rate townhouses shall be no more than three stories and 45 feet in height. However, no more than 60% of the townhouses shall be three stories and 45 feet in height. The balance of the market-rate townhouses shall be no more than two stories and 35 feet in height. Structures containing multifamily affordable units may be constructed at three stories and 45 feet in height.
(9)
No building or structure containing multifamily affordable units shall be located closer than 75 feet to the right-of-way of Mt. Kemble Avenue.
(10)
No townhouse structure in excess of two stories and 35 feet shall be located closer than 75 feet to the right-of-way of Mt. Kemble Avenue.
(11)
No more than two adjacent market rate townhouse units may be constructed without providing a front wall setback of not less than two feet.
(12)
No structure shall be closer than 25 feet to any other structure.
(13)
The exterior walls of residential structures shall be faced with brick, cultured or quarried stone, stucco, wood, cementitious siding or other suitable materials.
(14)
The construction of all dwelling units shall conform to current state regulations/codes.
(15)
Parking shall be provided in accordance with New Jersey State Residential Site Improvement Standards (RSIS).
(16)
Common open space shall be set aside for the use and benefit of residents of the development. At least 25% of the total area shall be set aside as open space. Common open space shall be subject to N.J.S.A. 40:55D-43.
(17)
The TH-7.5 AH Zone shall not be subject to the slope disturbance regulations set forth under § 57-160E(4); however, within areas with slopes of 20% or greater, not more than 50% of such slopes may be disturbed.
(18)
Refuse areas shall be designated so as to minimize any detrimental effect on the character of the development or adjacent properties.
(19)
All utilities shall be underground and the development shall be served by public water and sewer.
(20)
Development shall maintain a minimum twenty-foot landscaped buffer to any side lot line to provide an effective year-round screen which shall consist of either existing vegetation or new plantings, or where appropriate, a combination of existing and new plantings.
(21)
An overall landscaping plan shall be provided for the development.
(22)
The provision of affordable housing shall be consistent with all applicable rules of the Council on Affordable Housing (COAH) and the Uniform Housing Affordability Controls (UHAC), including with respect to phasing and bedroom distribution.
§ 95-20.2 TH-6/AH Townhouse Residential Affordable Housing Zone.
[Added 5-24-2018 by Ord. No. 15-18; amended 9-13-2018 by Ord. No. 24-18]
B.
The following are permitted accessory uses in the TH-6/AH Zone:
(1)
Customary accessory uses to a permitted principal use.
(2)
Off-street parking areas.
(3)
Recreational, social and communal facilities for the exclusive use of residents and guests; the minimum setbacks from property lines and streets shall be the same as for principal uses, buildings and structures, except as otherwise provided herein.
(4)
Active and passive outdoor recreation facilities for the exclusive use of residents and guests; the minimum setbacks from property lines and streets shall be the same as for principal uses buildings and structures, except as otherwise provided herein. Recreational paths not exceeding six feet in width may be located within the fifty-foot tract boundary setback areas provided that adequate landscaping is provided to satisfy the intent of the landscape buffering to all exterior property lines.
D.
Development and design requirements:
(1)
Maximum density shall not be more than six units per gross acre, but no more than 165 units in the entire zone. Twenty percent of the total number of units shall be set aside as rental units for low- and moderate-income households.
(2)
The development may be subdivided into different sections to distinguish different ownership entities and/or to permit the phasing of construction provided that the overall development complies with the standards contained herein. If the development is internally subdivided no additional bulk requirements shall be applied, beyond those set forth herein.
(3)
The development shall not be subject to the slope disturbance regulations set forth in § 57-160E(4), however, within areas with slopes of 20% or greater, not more than 40% of such slopes may be disturbed.
(4)
Except for recreational paths, common accessory buildings and facilities, including recreation, social and communal facilities, shall be located at least 300 feet from any TH-8 zone boundary line and shall be designed to harmonize with the overall character of the development.
(5)
Requirements for townhouses and stacked townhouses.
(a)
Design.
[1]
No dwelling unit shall have a floor area of less than 800 square feet.
[2]
Each dwelling unit shall have no fewer than two exposures.
[3]
There shall be no more than twelve dwelling units in any building that contains stacked townhouses and no more than seven dwelling units in any building that exclusively contains conventional townhouses.
[4]
No dwelling unit or building containing dwelling units consisting exclusively of conventional townhouses shall exceed 2 1/2 stories or 35 feet in height. No dwelling unit or building containing dwelling units consisting of one or more stacked townhouses shall exceed 3 1/2 stories or 45 feet in height. If a stacked townhouse segment exceeds 3 stories in height, the half story shall not be habitable or otherwise used for dwelling purposes. Maximum building heights shall be measured at each townhouse or stacked townhouse segment using the finished grade elevation averaged at the four corners of the townhouse or stacked townhouse segment. In no event, however, shall the maximum structure height above the actual finished grade at any point exceed by 33 1/3% of the maximum permitted height in the zone. For a townhouse within 100 feet of Punchbowl Road or within 100 feet of the boundary with any TH-8 zone, in no event shall the maximum structure height above the actual finished grade of the side of the townhouse facing Punchbowl Road or the boundary with any TH-8 zone, at any point exceed 35 feet. For a stacked townhouse segment within 100 feet of Punchbowl Road, in no event shall the maximum structure height above the actual finished grade of the side of the stacked townhouse segment facing Punchbowl Road, at any point exceed 45 feet.
[5]
The width of any individual dwelling unit shall not be less than 22 feet.
[6]
No more than two adjacent dwelling units may be constructed without providing a front wall setback of not less than two feet and without providing a rear wall setback of not less than two feet.
(b)
Siting.
[1]
Dwelling front facades shall be set back a minimum of 20 feet from interior roads if no sidewalk is provided; where sidewalks are provided a minimum setback of 24 feet from interior roads shall be provided. Unenclosed entrance porches may protrude up to four feet into the setback. No part of any dwelling unit shall be closer than 15 feet from any interior roadway.
[2]
Each building containing dwelling units shall not be less than 50 feet from any tract boundary line.
[3]
No building containing dwelling units shall be closer than 30 feet to any other building containing dwelling units, except that where the sides of a building having a height of 2 1/2 stories or less face the sides of another building having a height of 2 1/2 stores or less, a twenty-five-foot minimum separation distance shall apply.
[4]
No stacked townhouse shall be located within 400 feet of any TH-8 Zone.
(c)
Construction.
[1]
The exterior walls in each group of dwelling units shall be faced with brick, cultured or quarried stone, stucco, wood, cementitious siding or other materials suitable in terms of quality, durability and appearance and approved by the Planning Board.
[2]
The construction of all dwelling units shall conform to current state regulations/codes.
(6)
Building requirements for multifamily affordable rental units:
(a)
No building shall exceed 3 1/2 stories and 45 feet in height measured from the finished grade averaged at the four corners of the building. If the building exceeds three stories in height, the half story shall not be occupied, inhabited or otherwise used for dwelling purposes. In no event, however, shall the maximum structure height above the actual finished grade at any point exceed by 33 1/3% of the maximum permitted height in the zone. For a building within 100 feet of Punchbowl Road, in no event shall the maximum structure height above the actual finished grade of the side of the building facing Punchbowl Road at any point exceed 45 feet.
(b)
There shall be no more than 21 units in any multifamily building.
(c)
No building shall be located less than 75 feet from any tract boundary line.
(e)
No building shall be located less than 10 feet from a parking area except where garaged parking is provided within the building.
(f)
Refuse areas shall be located so as to minimize any detrimental effect on the character of the development or of adjacent properties.
(g)
No building shall be located less than 500 feet from any TH-8 zone.
(7)
Common open space shall be set aside for the use and benefit of the residents in such development. At least 25% of the total area shall be set aside as open space, of which 5% shall be in formal recreation facilities which may include walking, bicycling or other trails. Common open space shall be subject to N.J.S.A. 40:55D-43.
(8)
All utilities shall be located underground and the development shall be served by public water and sewer.
(9)
Development shall maintain a minimum twenty-five-foot landscaped buffer to all exterior property lines to provide an effective year round screen which shall consist of either existing vegetation or new plantings, or where appropriate, a combination of existing vegetation and new plantings.
(10)
An overall landscaping plan shall be provided for the development.
(11)
The provision of affordable housing shall be consistent with all applicable rules of the Council of Affordable Housing (COAH) and the Uniform Housing Affordability Controls (UHAC), including with respect to phasing and bedroom distribution.
§ 95-20.3 MF-10/AH Multifamily Affordable Housing Overlay Zone.
[Added 5-24-2018 by Ord. No. 15-18]
A.
The purpose of the MF-10/AH Overlay Zone is to provide an opportunity for construction of affordable housing as part of a multifamily inclusionary development. Such overlay zoning shall neither replace nor supersede the underlying zone classification, but shall instead provide an additional development option for those properties within the limits of the district. Nothing contained herein shall preclude development of any property within the overlay zone in accordance with its underlying zone classification.
C.
The following are permitted accessory uses in the MF-10/AH Overlay Zone:
(1)
Customary accessory uses to a permitted principal use.
(2)
Off-street parking areas.
(3)
Recreational, social and communal facilities for the exclusive use of residents and guests; the maximum setbacks from property lines and streets shall be the same as for principal uses, buildings and structures.
(4)
Active and passive outdoor recreation facilities for the exclusive use of residents and guests; the minimum setbacks from property lines and streets shall be the same as for principal uses, buildings and structures.
E.
Development and design requirements:
(1)
Maximum density shall not be more than 12 units per gross acre. A minimum of 15% of the total number of units shall be set aside for low- and moderate-income households. The maximum density may be increased to not more than 15 units per gross acre provided that a minimum of 20% of the total number of units shall be set aside for low- and moderate-income households.
[Amended 6-21-2023 by Ord. No. 13-23]
(2)
Front yard. There shall be a front yard of not less than 50 feet.
(3)
Side yard. There shall be a side yard of not less than 40 feet.
(4)
Rear yard. There shall be a rear yard of not less than 35 feet.
(5)
The maximum building height shall be three stories and 45 feet.
(6)
The maximum building coverage shall be 30%.
(7)
The maximum impervious surface coverage shall be 60%.
(8)
There shall be no more than eight townhouse units in any single group of dwelling units.
(9)
Any townhouse unit shall have not fewer than two exposures and no group of townhouse units shall be closer than 30 feet to any other group of townhouse units.
(10)
No more than two adjacent townhouse units may be constructed without providing a front wall setback of not less than four feet.
(11)
There shall be no more than 16 units in any multifamily building.
(13)
No multifamily building shall be located less than 10 feet from a parking area.
(14)
The exterior walls for residential structures shall be faced with brick, cultured or quarried stone, stucco, wood, cementitious siding or other suitable materials.
(15)
The construction of all dwelling units shall conform to current state regulations/codes.
(16)
Parking shall be provided in accordance with New Jersey Residential Site Improvement Standards (RSIS).
(17)
Refuse areas shall be designated so as to minimize any detrimental effect on the character of the development or adjacent properties.
(18)
All utilities shall be underground and the development shall be served by public water and sewer.
(19)
Development shall maintain a minimum twenty-five-foot landscaped buffer to all exterior property lines which shall consist of either existing vegetation or new plantings, or where appropriate, a combination of existing vegetation and new plantings.
(20)
An overall landscaping plan shall be provided for the development.
(21)
The provision of affordable housing shall be consistent with all applicable rules of the Council on Affordable Housing (COAH) and the Uniform Housing Affordability Controls (UHAC), including with respect to phasing and bedroom distribution.
§ 95-20.4 MF-12/AH Multifamily Affordable Housing Overlay Zone.
[Added 5-24-2018 by Ord. No. 15-18]
A.
The purpose of the MF-12/AH Overlay Zone is to provide an opportunity for construction of affordable housing as part of a multifamily inclusionary development. Such overlay zoning shall neither replace nor supersede the underlying zone classification, but shall instead provide an additional development option for those properties within the limits of the district. Nothing contained herein shall preclude development of any property within the overlay zone in accordance with its underlying zone classification.
B.
The following are permitted principal uses in the MF-12/AH Overlay Zone:
(1)
Multifamily dwellings.
C.
The following are permitted accessory uses in the MF-12/AH Overlay Zone:
(1)
Customary accessory uses to a permitted principal use.
(2)
Off-street parking areas.
(3)
Recreational, social and communal facilities for the exclusive use of residents and guests; the maximum setbacks from property lines and streets shall be the same as for principal uses, buildings and structures.
(4)
Active and passive outdoor recreation facilities for the exclusive use of residents and guests; the minimum setbacks from property lines and streets shall be the same as for principal uses, buildings and structures.
E.
Development and design requirements:
(1)
Maximum density shall not be more than 12 units per gross acre. A minimum of 15% of the total number of units shall be set aside for low- and moderate-income households. The maximum density may be increased to not more than 15 units per gross acre provided that a minimum of 20% of the total number of units are set aside for low- and moderate-income households.
(2)
No building or structure shall be located less than 100 feet from the right-of-way of Martin Luther King Avenue. No building or structure shall be located closer than 75 feet from any other right-of-way or property line.
(3)
The minimum building height shall be three stories and 45 feet.
(4)
The maximum building coverage shall be 35%.
(5)
The maximum impervious surface coverage shall be 70%.
(6)
There shall be no more than 24 units in any multifamily building.
(8)
No multifamily building shall be located less than 10 feet from a parking area.
(9)
The exterior walls of residential structures shall be faced with brick, cultured or quarried stone, stucco, wood, cementitious siding or other suitable materials.
(10)
The construction of all dwelling units shall conform to current state regulations/codes.
(11)
Parking shall be provided in accordance with New Jersey State Residential Site Improvement Standards (RSIS).
(12)
Refuse areas shall be designated so as to minimize any detrimental effect on the character of the development or adjacent properties.
(13)
All utilities shall be underground and the development shall be served by public water and sewer.
(14)
Development shall maintain a minimum twenty-five-foot landscaped buffer to all exterior property lines which shall consist of either existing vegetation or new plantings, or where appropriate, a combination of existing vegetation and new plantings.
(15)
An overall landscaping plan shall be provided for the development.
(16)
The provision of affordable housing shall be consistent with all applicable rules of the Council on Affordable Housing (COAH) and the Uniform Housing Affordability Controls (UHAC), including with respect to phasing and bedroom distribution.
§ 95-21 B-11 Business Zone.
A.
The following are permitted principal uses in the B-11 Business Zone:
[Amended 10-21-2020 by Ord. No. 20-20]
B.
The following are permitted accessory uses in the B-11 Business Zone:
(3)
Accessory storage, within a wholly enclosed permanent structure, of materials, goods and supplies intended for use on the premises.
(4)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(5)
Building-integrated solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(7)
Outdoor dining areas subject to the following supplementary standards:
[Added 6-21-2023 by Ord. No. 11-23]
(a)
Outdoor dining areas shall be permitted as an accessory use only in conjunction with a restaurant.
(b)
Outdoor dining areas shall be required to obtain site plan approval, including instances where they are being added to an existing restaurant.
(c)
No amplified music or entertainment shall be permitted within the outdoor dining area.
(d)
No exterior lighting that illuminates beyond the boundaries of the property in excess of 1/2 footcandle shall be permitted.
(e)
No signs shall be permitted within the outdoor dining area.
(f)
Outdoor dining areas shall not be located within the public right-of-way.
(g)
Outdoor dining areas shall not be located within a rear yard nor within 50 feet of a residential zone boundary.
(h)
The perimeter of the outdoor dining area shall be delineated using permanent or nonpermanent fixtures such as railings, planters or other decorative features. The permanent anchoring of tables, chairs, umbrellas, railings or other fixtures shall be subject to Planning Board approval. Such fixtures shall not be considered accessory structures as defined under Chapter 57, Land Development. The Planning Board may further require that any fixture not permanently anchored shall be removed from the outdoor dining area during any times when the restaurant is not open for business.
(i)
Tables, chairs, umbrellas, railings or other fixtures shall be of a uniform design and shall be compatible with the restaurant to which they are accessory.
C.
The following are conditional uses in the B-11 Business Zone:
[Amended 10-21-2020 by Ord. No. 20-20]
§ 95-22 OL-5 Office and Research Laboratory Zone.
A.
The following are permitted principal uses in the OL-5 Office and Research Laboratory Zone:
(1)
Office buildings and uses, business, professional and executive.
(2)
Business using structures wherein office space is combined with a warehouse and/or the distribution of a product or products wherein such warehouse and/or distribution are necessary and incidental to the main office use. In such case, the warehouse use shall not exceed 10% of the floor area of the building.
(3)
Business using structures wherein office space is combined with a laboratory or the equipment thereof.
(5)
Public or private day schools.
(6)
Public park, playground, firehouse, library and municipal buildings.
B.
The following are permitted accessory uses in the OL-5 Office and Research Laboratory Zone:
(3)
Accessory storage, within a wholly enclosed permanent structure, of materials, goods and supplies intended for use on the premises.
(4)
Pilot plants for the testing of manufacturing, processing or fabrication methods or for the testing of products or materials, and in no case shall more than 25% of the total floor area be devoted to such uses. No materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory research, design or experimental work. No manufactured or commercial explosives shall be kept, maintained or stored on said premises, except in small quantities for laboratory research, design or experimental use, and then only in compliance with all applicable federal, state or local safety statutes.
[Added 4-27-1983 by Ord. No. 16-83]
(5)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
C.
The following are conditional uses in OL-5 Office and Research Laboratory Zone:
§ 95-23 OL-15 Office and Research Laboratory Zone.
A.
The following are permitted principal uses in the OL-15 Office and Research Laboratory Zone:
(1)
Any OL-5 Zone permitted principal use, except restaurants and drive-in restaurants.
B.
The following are permitted accessory uses in the OL-15 Office and Research Laboratory Zone:
(1)
Any OL-5 Zone permitted accessory use.
(2)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(3)
Building-integrated solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(4)
Ground-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(5)
Parking canopy solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(7)
Small wind energy systems.
[Added 10-23-2013 by Ord. No. 13-13]
C.
The following are conditional uses in the OL-15 Office and Research Laboratory Zone:
§ 95-24 OL-40 Office and Research Laboratory Zone.
A.
The following are permitted principal uses in the OL-40 Office and Research Laboratory Zone:
(1)
Any OL-5 Zone permitted principal use, except restaurants and drive-in restaurants.
B.
The following are permitted accessory uses in the OL-40 Office and Research Laboratory Zone:
(1)
Any OL-5 Zone permitted accessory use.
(2)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(3)
Building-integrated solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(4)
Ground-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(5)
Parking canopy solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(7)
Small wind energy systems.
[Added 10-23-2013 by Ord. No. 13-13]
C.
The following are conditional uses in the OL-40 Office and Research Laboratory Zone:
§ 95-25 I-21 Industrial Zone.
A.
The following are permitted principal uses in the I-21 Industrial Zone:
(1)
Any OL-5 Zone permitted principal use.
(2)
Distribution terminals, parcel delivery and service distribution facilities.
(3)
Lumber and building material sales.
(4)
Contractors' equipment, sales and service.
(5)
Wholesale business storage and warehouses.
(6)
Automobile dealership, including repairs and service, except service stations.
[Amended 3-25-1992 by Ord. No. 5-92]
(7)
Any light fabrication or assembly operation.
(8)
Essential service maintenance facility.
[Added 4-15-2009 by Ord. No. 6-09]
B.
The following are permitted accessory uses in the I-21 Industrial Zone:
(1)
Any OL-5 Zone permitted accessory use.
(2)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(3)
Building-integrated solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(4)
Ground-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(5)
Parking canopy solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(7)
Small wind energy systems.
[Added 10-23-2013 by Ord. No. 13-13]
C.
The following are conditional uses in the I-21 Industrial Zone:
§ 95-26 CEM Cemetery Zone.
A.
The following are permitted principal uses in the CEM Cemetery Zone:
(1)
Cemeteries, including mausoleums, vaults, crypts or other structures intended to hold or contain dead human bodies.
§ 95-27 OS-GU Open Space - Government Use Zone.
A.
The following are permitted principal uses in the OS-GU Open Space — Government Use Zone:
[Amended 10-18-1995 by Ord. No. 40-95; 10-21-2020 by Ord. No. 20-20]
(1)
Public parklands, playing fields, playgrounds, open spaces, reservoirs, country clubs with golf courses (in existence on January 1, 1994), tennis courts, swimming pools, government offices, first aid and emergency squads, firehouses, libraries, museums and municipal buildings (not including garages, storage yards and solid waste treatment facilities).
[Amended 4-19-2006 by Ord. No. 9-06]
(2)
Colleges in existence on January 1, 1994.
B.
The following are permitted accessory uses in the OS-GU Open Space — Government Use Zone:
[Amended 10-18-1995 by Ord. No. 40-95; 10-23-2013 by Ord. No. 13-13]
§ 95-27.1 OS-GU-25A Open Space - Government Use - Alternate Residential Zone.
[Added 12-29-1980 by Ord. No. 36-80]
B.
Permitted accessory uses:
C.
Conditional uses:
(1)
Townhouses, in accordance with the following requirements:
(a)
Number of townhouses. An applicant may build townhouses at a ratio of 1.25 to 1.75 townhouse units for each single-family detached house capable of being constructed on the site in accordance with Subsection A(2) above. For purposes of computation, the number of single-family detached houses capable of being constructed on the site shall not exceed 1.5 times the gross tract acreage. The exact ratio would be determined by the size of the townhouse units proposed to be built as follows:
Size of Townhouse Units (square feet of floor area) | Ratio (units per single-family detached dwelling) | |
|---|---|---|
Above 2,500 | 1.25 | |
Between 2,000 and 2,500 | 1.50 | |
Under 2,000 | 1.75 |
NOTE: Floor area shall not include areas devoted to mechanical equipment, inside parking or where the floor to ceiling height is less than seven feet. |
(b)
Maximum density. The maximum net density of land occupied by the townhouses shall not exceed eight units per acre for units under 2,000 square feet, six units per acre for units 2,000 to 2,500 square feet and four units per acre for townhouse units above 2,500 square feet.
(c)
Minimum open space. As a requirement for the approval of the townhouse conditional use alternative, not less than 50% of the total area shall be reserved for permanent open space which may be used for the existing use or for such other nonresidential uses permitted in the OS-GU Zone or combinations thereof.
(d)
Other requirements.
[1]
There shall be no more than 25 acres occupied by townhouses in any one location.
[2]
Served by public water and sewers.
[3]
Direct access to an arterial or higher road classification.
[4]
A minimum buffer of 50 feet shall be maintained between the proposed development and any abutting exterior property line, exclusive of required lot dimensions.
[5]
There shall be a minimum distance of 100 feet of open space between existing property lines of each townhouse development.
§ 95-27.2 CO Conservation Overlay Zone.
[Added 10-18-1995 by Ord. No. 40-95[1]]
The CO Zone is not a separate zone district but an overlay over portions of the existing OS-GU and RA-130 Zones, which are intended to remain undeveloped except for certain enumerated uses consistent with natural open space and conservation values. The purpose of the CO Zone is to assure that the natural, scenic and open space character of the lands within it will be retained. The overlay zone boundary shall coincide with the boundary of the conservation easement dated September 14, 1992, and recorded between the Morris County Municipal Utilities Authority (grantor) and the County of Morris (grantee) as recorded in Deed Book 3648, pages 222 to 233. The following properties comprise the full extent of the CO Zone for so long as the same shall remain included within the conservation easements:
Conservation Overlay Zone | |||||
|---|---|---|---|---|---|
Block | Lot | Owner | Location | Zone | Acres |
3201 | 13 | MCMUA | Sussex Avenue to Washington Valley Road | OS-GU | 6.15 |
3201 | 14 | MCMUA | Sussex Avenue to Washington Valley Road | OS-GU | 3.021 |
3202 | 7 | Private | Washington Valley Road to Whitehead Road | OS-GU | 1.123 |
3202 | 6 | Private | Washington Valley Road to Whitehead Road | OS-GU | 5.057 |
3701 | 1 | Private | Doe Hill Road | OS-GU | 1.1 |
3701 | 2 | Private | Doe Hill Road | OS-GU | .9 |
3701 | 3 | Private | Doe Hill Road | OS-GU | 1.03 |
3701 | 4 | Private | Doe Hill Road | OS-GU | 1.03 |
3702 | 13 | Private | Whitehead Road | OS-GU | .7 |
3702 | 14 | Private | Whitehead Road | OS-GU | .83 |
3202 | 11 | Private | Washington Valley Road to Whitehead Road | OS-GU | 3 |
3202 | 10 | MCMUA | Washington Valley Road to Whitehead Road | OS-GU | 3 |
3202 | 9 | MCMUA | Washington Valley Road to Whitehead Road | OS-GU | 3.06 |
3202 | 8 | Private | Washington Valley Road to Whitehead Road | OS-GU | 7.52 |
3202 | 4 | MCMUA | Washington Valley Reservoir | OS-GU | 669.91 |
3601 | 2 | MCMUA | Washington Valley Road | RA-130 | 1.74 |
3203 | 3 | MCMUA | Whitehead Road to Mendham Township | OS-GU | 8.5 |
A.
The following are permitted principal uses in the CO Conservation Overlay Zone:
(1)
Public parklands, open spaces and conservation lands of a passive recreational nature, including walking and biking trails.
(2)
Single-family residential uses in existence on September 14, 1992 (for MCMUA land).
(3)
The public uses in existence on September 14, 1992, and those uses and purposes as described and reserved in the above-referenced easement (for MCMUA land).
§ 95-27.4 OL-40/PUD Office and Research Laboratory/Planned Unit Development Zone.
[Added 10-1-2012 by Ord. No. 13-12]
B.
The following are permitted accessory uses in the OL-40/PUD Office and Research Laboratory/Planned Unit Development Zone, except that, for planned unit development, Subsection E of this section shall apply:
(1)
Any OL-5 Zone permitted accessory use.
(2)
Roof- or building-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(3)
Building-integrated solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(4)
Ground-mounted solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(5)
Parking canopy solar energy systems as provided in § 95-34.4.
[Added 10-23-2013 by Ord. No. 13-13]
(7)
Small wind energy systems.
[Added 10-23-2013 by Ord. No. 13-13]
D.
The Schedule of Area, Bulk and Yard Requirements for permitted uses in the OL-40/PUD Office and Research Laboratory Zone is as set forth at the end of this chapter, except that, for planned unit development, Subsection E of this section shall apply.[1]
[1]
Editor's Note: The Schedule of Area, Bulk and Yard Requirements is included as an attachment to this chapter.
E.
Planned unit development regulations.
(1)
Area. The land area required for a planned unit development shall be a minimum of 145 acres.
(2)
A planned unit development shall contain the following components:
(a)
A Residential East Overlay District consisting of ±38 acres with frontage along Columbia Road and Park Avenue.
(b)
A Residential West Overlay District consisting of ±28 acres with access from Old Turnpike Road.
(c)
A Nonresidential Overlay District consisting of ±81 acres with frontage along Columbia Road.
[Amended 12-21-2021 by Ord. No. 27-21]
Each of the overlay districts described above shall be sized and located as shown on the Zoning Map. |
(d)
A mandatory open space set-aside comprising at least 10% of the tract area. A minimum of 13 acres within the westerly most portion of the Residential West Overlay District with access from Old Turnpike Road shall be designated for open space use. Required open space shall either be permanently deed restricted to open space or dedicated to the municipality for public open space purposes. Any legal instrument/agreement providing for private deed-restricted open space shall be reviewed by the Township Attorney to assure that adequate safeguards are included providing for its enforcement in perpetuity. If open space is not dedicated to the Township of Morris, the legal instrument/agreement shall give the Township the right to perform maintenance and assess the cost to the property owners benefited thereby in the event the property owners fail to maintain said open space in accordance with the same. All provisions of N.J.S.A. 40:55D-43 shall govern the open space and the organization to be created to maintain it. Open space may include athletic fields, other active recreational facilities, and walking trails and passive recreation designed to the extent practical as part of a contiguous area that preserves and/or enhances natural site features. Improvements designed to be incidental to the natural openness of the land (such as, but not limited to, parking area for users of the open space, recreational or community buildings, and athletic fields), as well as the following improvements serving the PUD, shall be permitted within the required open space: access drives, ponds and related accessory structures used for stormwater management, underground utilities, and ground-mounted transformers. Open space set aside pursuant to this subsection, whether or not dedicated to the Township, shall be deemed to be a part of the PUD tract for purposes of compliance with all area, floor area ratio (FAR), density and other bulk and dimensional requirements.
(3)
General development plan required. Any developer seeking approval of a planned unit development shall submit a general development plan to the Planning Board, and the Planning Board shall have approved such plan prior to the filing of an application seeking preliminary major subdivision or preliminary site plan approval pursuant to Chapter 57, Land Development, of the Code of the Township of Morris. The general development plan submission shall be in accordance with Subsection E(11) and the checklist for general development plan approval adopted pursuant to Chapter 57, Article IV, § 57-26.1. Notice of a hearing on a general development plan shall be given in the same manner as notice for preliminary site plan approval under N.J.S.A. 40:55D-12. The hearing on a general development plan shall be governed by the provisions of N.J.S.A. 40:55D-10 and Chapter 57, Article IV, § 57-30, in the same manner as a hearing on an application seeking preliminary site plan approval.
(4)
Permitted principal uses. The following principal uses shall be permitted in a planned unit development:
(c)
Nonresidential Overlay District:
[Amended 12-21-2021 by Ord. No. 27-21]
[1]
Development may consist of either of the use alternatives set forth below, but in no event shall there be any combination of same:
[a]
Office/research/laboratory use, which may contain executive, professional and/or general business offices; research laboratories; or combined office and research laboratory use.
[b]
Athletic training facilities use, which shall mean facilities intended for professional, academy and youth sports teams, and which may include, in addition to outdoor fields, buildings used for administrative and business offices, gymnasiums and/or field houses, athletic training and fitness, classrooms, dormitories, a single indoor athletic field, food-service operations, physical therapy and ancillary facilities related to athletic training.
(5)
Maximum development yield.
(a)
Notwithstanding any other provisions contained herein, the total number of townhouse units within the planned unit development shall not exceed 235.
(b)
Notwithstanding any other provisions contained herein, the total gross floor area under the office/research/laboratory use alternative shall not exceed 900,000 square feet. Such square footage shall be inclusive of any existing buildings to be reused as part of the planned unit development.
[Amended 12-21-2021 by Ord. No. 27-21]
(c)
Notwithstanding any other provisions contained herein, the total gross floor area under the athletic training facilities use alternative shall not exceed 275,000 square feet.
[Added 12-21-2021 by Ord. No. 27-21]
(6)
Permitted accessory uses. The following accessory uses shall be permitted in a planned unit development:
(b)
Nonresidential Overlay District under the office/research/laboratory use alternative:
[Amended 12-21-2021 by Ord. No. 27-21]
[2]
Accessory storage, within a wholly enclosed permanent structure, of materials, goods and supplies intended for use in a principal building on the same lot.
[3]
Pilot plants for the testing of products or materials. No materials or finished products shall be manufactured, processed or fabricated on the premises for sale.
[4]
Up to 12,500 square feet of gross floor area devoted to accessory retail sales or services intended for employees and visitors, provided such floor area is located within a principal building devoted to office and/or laboratory use, and provided further that no exterior signage identifying such retail sales or service floor area is permitted and access to said floor area shall be available exclusively from inside the building.
[5]
Any other use which is subordinate and customarily incidental to a permitted principal use.
(c)
Nonresidential Overlay District under the athletic training facilities use alternative:
[Added 12-21-2021 by Ord. No. 27-21]
(7)
Development standards for the Nonresidential Overlay District.
[Added 12-21-2021 by Ord. No. 27-21[2]]
(a)
Development standards for the Nonresidential Overlay District under the office/research/laboratory use alternative.
[1]
Maximum FAR: subject to Subsection E(5), 0.25. For purposes of computing FAR, all land area shall be counted, including any lands set aside as open space, whether dedicated to public use or not.
[2]
Maximum building height: four stories/55 feet.
[3]
Maximum impervious surface: 55%.
[4]
Maximum building coverage: 15%.
[5]
Minimum building setback to abutting public street: 450 feet.
[6]
Minimum building setback to planned unit development tract boundary (other than public street): 175 feet.
[8]
Primary access shall be from Columbia Road.
[10]
Design requirements. Recognizing that existing office/research buildings and ancillary parking areas may be reused and that additional principal buildings are contemplated as part of the overall planned unit development, the intent of these regulations is to encourage creative and innovative design and provide flexibility in terms of how existing and proposed new buildings shall visually relate to each other as well as the general landscape. As such, multiple buildings on a lot are permitted, and there shall be no minimum lot area, depth, width or yard requirements governing development other than as established herein. However, the distance between buildings shall be subject to the standards set forth in § 95-35B(1)(b). A lot may be developed without frontage on a public street, so long as such lot is provided access to a public street by means of an improved driveway built in accordance with standards set forth in Article IX, and the right to such access is established by a perpetual easement recorded in the Morris County Clerk's office or otherwise as provided by law.
(b)
Development standards for the Nonresidential Overlay District under the athletic training facilities use alternative.
[1]
Maximum building height: three stories/50 feet, except that a single indoor athletic field building shall be permitted to be no more than 65 feet in height, provided, further, that said building shall be located at least 400 feet from a Residential Overlay District boundary.
[2]
Maximum impervious coverage: 35% (for purposes of calculating impervious coverage, artificial-turf fields shall be included, and natural-grass fields shall be excluded).
[3]
Maximum building coverage: 10%.
[4]
Minimum building setback to Columbia Road: 450 feet.
[5]
Minimum building setback to planned unit development tract boundary (other than Columbia Road): 175 feet.
[6]
Minimum building setback to East and West Residential Overlay District boundary: 125 feet.
[7]
Minimum parking setback: 350 feet from Columbia Road; 100 feet from a planned unit development tract boundary other than Columbia Road; and 100 feet from a Residential Overlay District boundary.
[8]
Minimum outdoor field setback, as measured from either the limit of the field of play or, if there is a fence enclosure, said fence enclosure: 450 feet from Columbia Road; 100 feet from a planned unit development tract boundary other than Columbia Road; and 100 feet from a Residential Overlay District boundary.
[9]
Off-street parking. A detailed parking analysis shall be submitted as part of an application for site plan approval, and the required number of off-street parking spaces shall be subject to Planning Board approval. The analysis shall provide an operational breakdown of parking demand based on the anticipated number of employees, teams, visitors, etc., at the facility (and the associated modes of travel to and from) and the extent to which there will be noncoincidental use of athletic training facilities/fields. The analysis shall be based on expected daily, weekly and monthly usage, as well as seasonal variations. In determining the adequacy of parking, the Planning Board shall consider the anticipated peak demand at the facility.
[10]
Off-street loading. The number, location and size of off-street loading spaces shall be subject to Planning Board approval.
[11]
Landscaping/buffering. Areas that are not improved with buildings, athletic fields, parking and loading areas, internal-access drives, walkways and signs shall be landscaped with a combination of existing vegetation and new plantings which may include grass/lawn areas, evergreen trees, deciduous trees and shrubs in a variety of species and sizes. In particular, adjacent residential areas, including the East and West Residential Overlay Districts, shall be appropriately screened as determined by the Planning Board. A detailed landscaping plan shall be submitted as part of any application for site plan approval.
[12]
Outdoor lighting shall be permitted, except that the maximum height shall not exceed 90 feet. Lighting fixtures shall be shielded to limit spillage beyond the perimeter of any athletic field and to minimize glare and overhead sky glow. Use of LED light sources shall be required. No outdoor light structure/fixture shall be located within 200 feet of a Residential Overlay District boundary. Building facade lights shall be incorporated into the lighting plan design, and fixtures shall be of a compatible design and detail.
[13]
Fencing. Fences enclosing athletic fields shall not exceed a height of 10 feet. Netting designed to prevent balls from going beyond the limits of the field of play shall be exempt from this requirement; however, in no event shall such netting exceed a height of 30 feet. Security fencing shall be permitted subject to Planning Board approval, but in no event shall such fencing exceed 10 feet in height.
[14]
Signage. A comprehensive sign package shall be submitted as part of an application for site plan approval and shall be subject to Planning Board approval. The submission shall include proposals for the following: freestanding identification signs, wayfinding/directional signs, building-mounted signs and field fencing windscreen signs. Team logo and sponsorship information shall be permitted as part of the sign copy.
[15]
Multiple buildings shall be permitted.
[16]
Primary access shall be from Columbia Road via Stockton Drive.
[2]
Editor's Note: This ordinance also repealed former Subsection E(7), Development standards for the Office/Lab Overlay District.
(8)
Development standards for East and West Residential Overlay Districts:
(a)
Minimum tract size. The minimum tract size for the East and West Overlay Districts shall be the same acreage as specified under Subsection E(2).
(b)
Maximum density. Subject to Subsection E(5), the maximum allowable density for the East and West Overlay Districts in the aggregate shall not exceed four dwelling units per gross acre; however, a greater concentration of density shall be permitted within either of the overlay districts individually, provided that such density does not exceed 4.5 dwelling units per gross acre. Gross acreage shall include all area within the overlay district(s), including any lands set aside as open space, whether dedicated to public use or not.
(c)
Maximum building height: 2.5 stories/35 feet.
(d)
Maximum impervious surface: 35%.
(e)
Maximum building coverage: 15%.
(f)
Minimum building setback to public street: 200 feet.
(g)
Minimum building setback to planned unit development tract boundary (other than public street): 75 feet.
(h)
Building design requirements.
[1]
No dwelling unit shall have a floor area of less than 800 square feet.
[2]
Each dwelling unit shall have not fewer than two exposures.
[3]
There shall be no more than five dwelling units in any single building.
[4]
No less than 50% of all buildings shall contain four or fewer dwelling units.
[5]
No more than three adjacent dwelling units may be constructed without providing a front wall setback of not less than two feet.
[7]
Minimum distance between buildings for townhouses with garage access from a rear alleyway:
[8]
Common accessory buildings and facilities shall be designed to harmonize with the overall character of the development and shall meet the building setback requirements set forth herein.
(i)
Minimum natural and/or landscaped buffer requirements:
[1]
Two hundred feet from any public street.
[2]
Seventy-five feet from any other property line.
[3]
Driveway crossings, walking trails and, subject to the conditions below, stormwater management facilities shall be permitted in required buffer areas. Stormwater management facilities in buffer areas shall be subject to the following requirements: "wet" surface stormwater detention basins shall be permitted; "dry" surface basins shall be prohibited; no surface stormwater detention basin shall be permitted within 75 feet of any tract boundary line abutting a single-family residential lot; and all surface detention basins and other aboveground stormwater management facilities shall be screened by existing and/or new landscaping from adjoining streets and properties as required by the Planning Board to create and/or maintain an attractive natural environment.
(j)
All parking shall comply with the requirements of the New Jersey Residential Site Improvement Standards (RSIS).
(k)
Access shall be limited to Columbia Road, Park Avenue or Old Turnpike Road. A lot comprising the Residential West Overlay District may be developed without frontage on a public street so long as such lot is provided access to a public street in accordance with New Jersey Residential Site Improvement Standards (RSIS) and the right to such access is established by a perpetual easement recorded in the Morris County Clerk's office or otherwise as provided by law.
(l)
Permitted accessory uses, buildings and structures shall include the following:
[1]
Recreational, social and communal facilities for the exclusive use of residents of the community and guests; the minimum setbacks from property lines and streets shall be the same as for principal uses, buildings and structures.
[2]
Active and passive outdoor recreation facilities; the minimum setbacks from all streets shall be the same as for principal uses, buildings and structures (except for driveway crossings and walking trails).
[3]
Off-street parking areas, which shall be screened from abutting streets and properties by landscaping and shall comply with all minimum setbacks and buffers from property lines and public streets.
[4]
Gatehouses. The minimum setback shall be 40 feet; the maximum height shall be 14 feet; and the maximum floor area shall be 40 square feet.
[5]
Individual and common mailboxes, which shall be placed in convenient locations accessible only from interior development drives and not closer to any public street than a principal building.
[6]
A freestanding monument sign not larger than six square feet in area and not higher than five feet identifying the development at access points to the residential overlay districts from outside the PUD. Project signage shall be compatible in color, materials and architectural details with the principal buildings and shall be set back a minimum of 10 feet from any public street.
[7]
Any other use which is subordinate and customarily incidental to a permitted principal use.
(m)
All townhouses shall be served by public sewer and water. All required utility connections shall be underground.
(n)
Landscaping and fencing.
[1]
Street trees which are tolerant of roadway and parking lot environments, including zelkova, littleleaf linden, honey locust, green ash, London plane, red maple, bradford callery pear and redspire pear, shall be installed as part of the development.
[2]
Fences, low walls and ornamental metalwork, each not exceeding permitted height under § 95-36D, and hedges are permitted where appropriate to define parking areas, pedestrian walks and like spaces. Masonry elements may include brick, stone or stucco. All fencing shall have decorative caps, rails and posts. Chain-link fencing shall not be used for decorative purposes.
[3]
An overall landscaping plan shall be submitted and shall include landscaping site details for all decorative features. A detailed landscaping plan indicating the type, size and spacing of all grasses, plants, shrubs, and evergreen and deciduous trees shall also be submitted for each typical townhouse grouping.
(o)
The following outdoor lighting requirements shall be applicable:
[1]
Site lighting and streetlighting shall be decorative fixtures and poles. Standard fixture and pole details shall be approved by the Planning Board.
[2]
Streets, parking areas and walkways shall provide adequate lighting with fixtures not exceeding an overall height of 15 feet above grade in the case of streets and parking areas and 12 feet in the case of walkways. Such fixtures shall minimize adverse visual impacts, such as glare and overhead sky glow, on adjacent properties and on any public right-of-way. Light cutoff shields shall be provided where fixtures abut a residential use and in other locations as directed by the Planning Board.
[3]
Use of low wattage metal halide, color-corrected sodium or LED light sources is required. Non-color-corrected low-pressure sodium and mercury vapor light sources are prohibited.
[4]
Building facade lights shall be incorporated into the overall lighting plan design; all fixtures shall be of compatible design and detail with site and streetlights.
[5]
Lighting for a permitted freestanding sign shall be by an external ground-mounted fixture or fixtures shielded from adjoining properties and any street.
[6]
Lighting levels at all tract boundary lines shall not exceed 0.1 footcandle, except where driveways meet a public street.
(p)
Individual refuse and recyclable storage space shall be provided within the garages of each townhouse.
(q)
All development within the East and West Overlay Districts shall provide for low- and moderate-income housing set-asides of 10% of the total number of units proposed within the development pursuant to the applicable provisions of N.J.A.C. 5:97 and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.). The required number of low and moderate units may be constructed on tract or off tract but within the Township of Morris, and if off tract shall require a separate site plan approval. Where the low- and moderate-income units are located off tract, the required set-aside shall be equal to 10% of the total number of units provided both on and off tract.
(9)
Railroad crossing and quiet zone designation.
(a)
Provided that prior to or during the term of general development plan approval established pursuant to Subsection E(11)(b)[2] below, the Township of Morris determines, and notifies the developer, that a Quiet Zone designation should be established for the existing at-grade railroad crossing immediately adjoining the intersection of Kahn Road and Old Turnpike Road (the "Crossing"), the developer of a PUD shall diligently, and at its sole cost and expense, prepare, submit, and process all application materials (including plans for improvements) required to seek approval for the Quiet Zone designation. The Township agrees to cooperate with the developer in regard to the application and to be named as the applicant.
(b)
If approval for the Quiet Zone designation is granted, the developer shall promptly thereafter at its sole cost and expense construct and install all Crossing improvements required by the terms of such approval.
(c)
If the developer has diligently fulfilled its obligations with respect to the Quiet Zone application but approval for the Quiet Zone designation is denied, the developer shall be relieved of all further obligations with respect to the processing of that application, provided that the developer transfers and assigns to the Township of Morris at no cost all applications, plans, surveys, reports and other documents, data and information related to such application. If within 24 months of the denial the Township thereafter secures the Quiet Zone designation approval, the developer shall install the required Crossing improvements pursuant to Subsection E(9)(b) above.
(d)
Whether or not a Quiet Zone designation is approved for the Crossing, the developer shall, at least 30 days prior to filing its application for general development plan approval, submit to the Commissioner of the New Jersey Department of Transportation its conceptual plan for the PUD together with a written request for recommended safety improvements at the Crossing and shall include in its submission for general development plan approval the response (if any) to such request. The Planning Board shall have authority to require compliance with any such recommendations or alternative measures providing equivalent or otherwise appropriate levels of safety, in the judgment of the Board, as conditions of general development plan approval.
(e)
To facilitate the Quiet Zone application, the PUD developer shall also grant reasonable permanent easement rights to access the Crossing through the PUD to any adjoining property owner who, in return, agrees to relinquish its right to cross the railroad at a location which lies within 1/2 mile of the Crossing and at which approaching trains are required to sound their horns.
(f)
Obligations for maintenance of the Crossing improvements installed under Subsection E(9)(b) above, and liability for any accident or injury at the Crossing, shall be determined in the agreement to be entered into between the Township and the developer as contemplated by Subsection E(11)(a)[12] below.
(10)
Findings for planned unit development. Prior to approving a planned unit development, the Planning Board shall render the following findings and conclusions pursuant to N.J.S.A. 40:55D-45:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the standards of this chapter pursuant to N.J.S.A. 40:55D-65.
(b)
That the proposals for maintenance and conservation of the common open space, and the amount, location and purpose of such open space, are adequate.
(c)
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.
(d)
That the proposed planned unit development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(e)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
(11)
General development plan requirements.
(a)
Required contents. The general development plan (exclusive of required reports and other written documentation) shall be submitted at a scale of approximately one inch equals 200 feet or such scale permitting the entire tract to be shown on a single sheet not larger than 42 inches by 60 inches. Enlargement of portions of the general development plan may be submitted on separate sheets of the same size. A general development plan shall include the following:
[1]
A general land use plan indicating the tract area and locations of the land uses to be included in the planned unit development. The total number of dwelling units permitted and proposed and amount of nonresidential gross floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth and a residential density and a nonresidential floor area ratio shall be provided;
[2]
A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned unit development and any proposed improvements to the existing transportation system outside the planned unit development;
[3]
An open space plan showing the proposed land area and location of land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of such lands;
[4]
A utility plan indicating the need for and showing the proposed location of sewage lines and waterlines and drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities;
[5]
A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site;
[6]
An environmental inventory, including a threatened and endangered species analysis pursuant to Chapter 57, Article XXXIII, § 57-161J, a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site;
[7]
A community facility plan indicating the scope and type of supporting community facilities;
[8]
A housing plan outlining the number of housing units to be provided and the extent to which any affordable housing obligation assigned to the municipality pursuant to the New Jersey Fair Housing Act of 1985 (as amended)[3] will be fulfilled by the development;
[3]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
[9]
A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal;
[10]
A fiscal report describing the anticipated demand on municipal services and the school district to be generated by the planned unit development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection E(11)(a)[11] below, and following the completion of the development in its entirety;
[11]
A proposed timing schedule in the case of a planned unit development whose construction is contemplated over a period of years, including the number of dwelling units and amount of nonresidential gross floor area to be included in each development phase, and any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety; and
[12]
A proposed form of written agreement to be entered into, as a condition of general development plan approval, between the developer and the Township relating to the planned unit development.
(b)
Effect and duration of approval.
[1]
The planned development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of N.J.S.A. 40:55D-1 et seq., or of any ordinance or regulation adopted pursuant thereto after the effective date of the approval. The general terms and conditions upon which the general development plan was granted, including but not limited to on-site or off-site requirements, shall not be changed, unless application for modification is made by the developer and approved by the Planning Board pursuant to the requirements of this section.
[2]
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection E(11)(b)[3] below, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer received final approval of the first section of the planned unit development.
[3]
In making its determination regarding the duration of the effect of approval of the general development plan, the Planning Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed; prevailing economic conditions; the timing schedule to be followed in completing the development and the likelihood of its fulfillment; the developer's capability of completing the proposed development; and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.
(c)
Modification of proposed schedule. In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the Township and the region, and the availability and capacity of public facilities to accommodate the proposed development.
(d)
Variations in location of land uses or increase in density or floor area ratio. The developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned unit development.
(e)
Amendment or revision of general development plan; allowable reductions within original approval.
[1]
Except as provided hereunder, once a general development plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer and approval by the Planning Board.
[2]
A developer, without violating the terms of the general development plan approval, may, in undertaking any section of the planned unit development, reduce the number of residential units or amounts of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ratio by no more than 15%.
(f)
Notice of completion of section of development; notice by municipality of nonfulfillment; hearing; termination of approval; causes.
[1]
Upon completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purposes of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan and pursuant to Section 15 of the State Uniform Construction Code Statute (N.J.S.A. 52:57D-133). If the Township does not receive such notification at the completion of any section of the development, the Township shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.
[2]
If at any time the Township has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Township shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The Township thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the Township finds good cause to terminate the approval, it shall provide written notice of the same to the developer, and the approval shall be terminated 30 days thereafter.
[3]
In the event that a developer who has general development plan approval does not apply for preliminary site plan approval for the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the Township shall have cause to terminate the approval.
(g)
Termination of approval upon completion of development. In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.
§ 95-27.5 CBO Cannabis Business Overlay Zone.
[Added 3-19-2025 by Ord. No. 08-25]
A.
Purpose. The purpose of the CBO Cannabis Business Overlay Zone is to establish an appropriate overlay district within a portion of the Township's existing I-21 Industrial Zone where all classes of cannabis business may locate subject to the standards contained herein. Such overlay zoning shall neither replace nor supercede the underlying I-21 Industrial zone classification, but shall instead provide an additional development option for those properties within the limits of the overlay district. Nothing contained herein shall preclude development of any property within the overlay zone in accordance with the underlying I-21 Industrial zone classification.
B.
Permitted principal uses. The following are permitted principal uses in the CBO Cannabis Business Overlay Zone:
(1)
Cannabis cultivator, which shall mean a business or organization owned and operated by a license holder that holds a Class 1 Cannabis Cultivator license issued by the New Jersey Cannabis Regulatory Commission and which grows and cultivates cannabis.
(2)
Cannabis manufacturer, which shall mean a business or organization owned and controlled by license holder that holds a Class 2 Manufacturer license issued by the New Jersey Cannabis Regulatory Commission and which manufactures, prepares and packages cannabis items.
(3)
Cannabis wholesaler, which shall mean a business or organization owned and controlled by a license holder who holds a Class 3 Cannabis Wholesaler license issued by the New Jersey Cannabis Regulatory Commission and which obtains and sells cannabis items for later resale by other licensees.
(4)
Cannabis distributor, which shall mean a business or organization owned and controlled by a license holder that holds a Class 4 Cannabis Distributor license issued by the New Jersey Cannabis Regulatory Commission and which transports cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another.
(5)
Cannabis retailer, which shall mean a business or organization owned and controlled by a license holder who holds a Class 5 Cannabis Retailer license issued by the New Jersey Cannabis Regulatory Commission and which sells cannabis items and related supplies to consumers.
(6)
Cannabis delivery service, which shall mean a business or organization owned and controlled by a license holder that holds a Class 6 Cannabis Delivery license issued by the New Jersey Cannabis Regulatory Commission and which provides courier services for consumer purchases that are fulfilled by a licensed Cannabis Retailer in order to make deliveries of the purchased items to a consumer, and which services would include the ability of a consumer to make a purchase directly through the cannabis delivery service.
D.
Area, bulk, yard and related requirements. The following requirements shall apply to development in the CBO Cannabis Business Overlay Zone and any relief from same shall be cognizable under N.J.S.A. 40:55D-70c.
(1)
All cannabis businesses shall be subject to site plan review and approval of the Planning Board.
(2)
Development shall adhere to the Schedule of Area, Bulk and Yard Requirements for the I-21 Industrial Zone as set forth in Chapter 95, Attachment 3.
(3)
The cultivation or manufacturing of cannabis shall be performed completely indoors (i.e., within an enclosed building or greenhouse structure).
(4)
Cannabis plants, products or paraphernalia shall not be visible from any sidewalk, street or public right-of-way.
(5)
No cannabis business shall display signs containing images of cannabis plants and/or images intended to promote consumption of legal marijuana products.
(6)
All cannabis products and accessories shall be stored indoors and the outdoor display of same shall be prohibited. Samples of cannabis products offered for sale shall be displayed on shelves, counters or display cases. All bulk cannabis products shall be located within a separate vault or safe, with no other items stored in the vault or safe, securely fastened to a wall or floor.
(7)
Cannabis businesses shall not be located with 250 feet of a school, childcare center or place of worship, as measured from property line to property line.
(8)
Cannabis businesses located west of Ridgedale Avenue shall not be located within 500 feet of a residential zone, as measured from property line to property line.
(9)
The consumption of cannabis-related products on the premises (i.e., within or outside a building) shall be prohibited.
(10)
Drive-through cannabis businesses shall be prohibited.
(11)
Cannabis businesses shall be prohibited from operating as a home occupation.
(12)
Cannabis businesses shall not be located in a vehicle or any movable or mobile structure.
(13)
Cannabis retailers shall be prohibited on any property where there exists a grocery store, delicatessen, local market or other business engaged in retail sales of food, or a store where alcoholic beverages are sold.
(14)
More than one cannabis business class shall be permitted on a single lot.
(15)
Off-street parking for cannabis retailers shall be required at a minimum of one space per 200 square feet of gross floor area (GFA). For all other cannabis businesses the minimum off-street parking requirement shall be one space for every 500 square feet of gross floor area (GFA).