§ 430-269. Standards for commercial and industrial development.

A. All commercial site development shall comply with the minimum standards of the zoning district in which such use is located, except as modified or supplemented hereafter:

(1) No building used for commercial purposes shall cover more than 20% of the lot.

(2) Any building of 75,000 square feet or larger and to be used for commercial purposes shall be classified as a shopping center and shall comply with all requirements set forth in § 430-88D.

(3) No building and its accessory off-street parking area for commercial uses located in an R-1M or R-2M District shall be located within 150 feet of any existing or proposed residential lot.

(4) No commercial buildings shall be located within 150 feet of a state or federal highway.

(5) No commercial building as defined in the schedule of permitted uses in § 430-265 or its accessory off-street parking area shall be located within 500 feet of an R-2M Zone boundary.

(6) The floor area used for retail sales and merchandising purposes of the total contemplated commercial building space as defined in Note (3) of the standards of § 430-267 and as set forth in the overall development shall not exceed 50% of the total contemplated commercial floor space or 250,000 square feet of floor space, whichever is the lesser, and further provided that the maximum gross floor area of the total contemplated commercial building space shall not exceed 500,000 square feet.

B. Industrial and office sites shall comply with the minimum standards of the zoning district in which such use is located, except as modified or supplemented hereafter:

(1) In an R-1M and R-2M District, all industrial and office areas shall be located adjacent to existing industrial zone boundaries or federal or state highway right-of-way.

(2) In the R-1M and R-2M District, the minimum site development standards as set forth for the SED-5 District shall apply.

§ 430-270. Open space.

A. In reviewing applications for mixed land use, the Planning Board will require evidence that adequate open space in appropriate locations will be available.

B. Open space must have safe and convenient pedestrian access.

C. The applicant must consult with the Planning Board early in the design stage to ascertain open space requirements. Suitable land, equal to the minimum percent of the total gross area as set forth in the standards of § 430-267, shall be designated as open space. Such open space shall consist of common open space, public open space, public areas inclusive of pathways and bike trails and public drainageway, as defined in the standards of § 430-267, and which shall be established and regulated in conformance with state statute.

D. Common open space. The landowner shall provide for the establishment of an organization for the ownership and maintenance of any common open space, and such organization shall be established and regulated by all applicable standards and conditions of state statute.

§ 430-271. Land use development staging.

A. As a condition to preliminary approval of the development plan, the Planning Board may permit the implementation of the plan in whole or in sections or in stages consisting of one or more sections or stages, under the sequence of actions determined as a part of the development plan. Such sections or stages shall be:

(1) Substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, open spaces and similar physical features and shall be capable of substantial occupancy, operation and maintenance upon completion of construction and development.

(2) Properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the development plan.

(3) Provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require as will prevent damage or detriment to any completed section or stage to other sections or stages and to adjoining properties not in the development plan. Plans and specifications of such sections or stages are to be filed with the Planning Board and are to be of sufficient detail and at such scale as to fully demonstrate the following:

(a) The arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and service facilities and land ownership conditions.

(b) Estimates of the economic base of the section or stage and its one or more sections or stages as supported by such evidence as the estimated cost and market values of structures and land improvement increase of taxable values; costs of maintenance and services to be borne by public and private agencies; potential rental scale costs of utility installation; the financial ability of the developer to complete the plan; and such other financial considerations as the Planning Board shall deem applicable.

(c) Estimates of its population characteristics, such as the size and composition of future population in terms of probable family sizes of the several dwelling unit types; their need for public services and protection, for recreational facilities and for commercial and professional services; anticipated rental scales; and related considerations.

(d) A planned traffic improvement program setting forth the proposed on- and off-site traffic improvements to be made by the applicant and others. Such programs shall set forth a schedule of development based upon traffic generation resultant of the rate, type, amount and location of land development of the tract.

(e) Such further reasonable evidence and fact that the Planning Board may require in order to determine that the objectives and standards set forth herein are met.

B. Upon finding that the plans and specifications for the proposed development of the section or stage conform to the above conditions, the Planning Board shall so inform the administrative officers as are charged with the issuance of permits for the construction of utilities or structures that, upon presentation of requisite working drawings and specifications, such permits may be issued. Upon substantial completion of any section or stage which shall include all performance bonds, covenants and similar instruments to assure such completion, and before proceeding with the review and approval of additional sections or stages, the Planning Board may require a report and review of the status, character and conditions and other previous completed sections or stages with regard to their compliance with the plans, specifications and estimates which formed the basis for its action and approval. Upon finding that such compliance has occurred, the Board shall initiate proceedings for the review of the new section or stage.

C. As a further condition for approval of later sections or stages, the Board may require or permit adjustments or modifications in the conditions established in the approved development plan to compensate for differences between the estimates of record on previously approved and completed sections or stages as required and the actual conditions prevailing upon their completion. In this regard, consideration may be given to the balance of land uses established consistent with the conditions of the development plan and the extent of variation from the social and economic estimates upon which previous approval may have been based. [Amended 9-14-1982 by Ord. No. 51:82; 10-12-1982 by Ord. No. 64:82]

D. Notwithstanding the aforementioned conditions and regulations, the following phased schedule for land development shall prevail for the R-1M District: [Amended 9-14-1982 by Ord. No. 51:82; 10-12-1982 by Ord. No. 64:82; 7-10-1984 by Ord. No. 84:39]

(1) No building permit shall be issued for more than 25% of the total residential development until at least 15% of the total commercial/industrial development has been constructed. Upon issuance of building permits for 15% of the total commercial/industrial development, then building permits may be issued for an additional 25% of the total residential units contemplated by the development.

(2) No building permit shall be issued for more than 50% of the total residential development until at least 40% of the total commercial/industrial development has been constructed. Upon issuance of building permits for 40% of the total commercial/industrial development, then building permits may be issued for an additional 25% of the total residential units contemplated by the development.

(3) No building permit shall be issued for more than 75% of the total residential development until at least 75% of the total commercial/industrial development has been constructed. Upon issuance of building permits for 75% of the total commercial/industrial development, then building permits may be issued for the balance of the residential development.

(4) No building permits shall be issued for more than 75% of the total residential development of the tract until building permits have been issued for the total contemplated commercial/industrial development of the tract.

§ 430-272. Density modifications.

To encourage flexibility of housing density, design and type, in cases of development proposed to be developed over a period of years, deviations may be authorized from the density or intensity of use established for the entire development plan. The Planning Board may allow for a greater concentration of density or intensity of land use within some section or sections of development, whether it is earlier or later in the development, than upon others. The approval of the Planning Board of a greater concentration of density or intensity of land use for any section to be developed must be offset by a smaller concentration in any completed prior stage, or there must be an appropriate reservation of open space on the remaining land by a grant of easement, deed or covenant in favor of the municipality. Such reservation shall, as far as practicable, defer the precise location of such open space until an application for preliminary approval is filed.

§ 430-273. Additional standards.

The authority granted to the Planning Board and the Township of Parsippany-Troy Hills to establish standards for the location, width, course and surfacing of public streets and highways, ways for public service facilities, curbs, gutters, sidewalks, streetlights, parks, playgrounds, school grounds, stormwater drainage, water supply and distribution, sanitary sewers and sewage collection and treatment shall be vested in the Planning Board for the purposes of this section. The Planning Board is hereby authorized to make such modifications of standards and requirements otherwise required of subdivisions as set forth in Chapter 225, Land Use, Subdivisions and Site Plan, as long as such modifications are consistent with the terms of this article, except that the following minimum standards shall apply:

A. The right-of-way and pavement widths for internal ways and roads serving townhouse cluster, commercial and industrial developments shall be determined from sound planning and engineering standards in conformity with the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting equipment and police vehicles and shall be certified thereto by a competent expert or experts licensed under the laws of the State of New Jersey. In such instance, other provisions of this section shall not apply but may serve as general guides to the Planning Board in approving the development plans.

(1) Internal private roads shall have a required pavement width as follows:

(a) One-way traffic roads: twenty-foot pavement width.

(b) Two-way traffic roads: thirty-foot pavement width.

(2) Sidewalks shall be at least three feet in width.

(3) Serviceways for public service and emergency vehicles shall be no less than 15 feet in width.

B. All electric, gas and telephone utility lines shall be installed underground. Prior to the issuance of a building permit, written certification from each serving utility shall be required which shall evidence full compliance with the provisions of this requirement.

C. In addition to all other standards, conditions or requirements set forth in this article, all site and building plans shall be reviewed by the Planning Board in regard to safety and convenience of traffic access and parking, disposition and usability of open space, compatibility of building types, building construction, floor plans and other factors relating to site design. Said site review will also include site design as it fits in with the general development of the entire development plan area.

D. Off-street parking and loading requirements shall be as specified in Article XXXVII.