§ 200-209. ROM-1 Industrial District (research, office, limited manufacturing) use regulations., Article XXIX. Regulations for Research/Office/Manufacturing, Research/Office and Research and Development Districts, Part 4. Zoning, Chapter 200. Land Use, Part II. General Legislation, Code of Ordinances, West Windsor

Permitted uses. In a ROM-1 District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses, and all such uses shall be subject to the performance standards set forth in Part 1, Site Plan Review, of this chapter:

(1)

Research, testing, analytical and product development laboratories and pilot plant facilities not involving the manufacturing, sale, processing, warehousing, distribution or fabrication of material, products or goods, except as incidental to the principal permitted uses.

(2)

General, corporate, administrative and professional offices.

(3)

Data processing and computer centers.

(4)

Limited manufacturing associated with such specialty industry groupings as agriculture, aerospace, computers, telecommunications, instrumentation, biomedical, medical, pharmaceutical and electronics.

(5)

All farm and agricultural uses permitted in residential districts in accordance with provisions set forth in Article XXXI of this Part 4.

(6)

Accessory uses and accessory buildings on the same lot and within the same zoning district with and customarily incidental to any of the permitted principal uses, which may include but shall not be limited to:

(a)

A restaurant or cafeteria primarily for supplying meals only to employees and guests of the principal use; and newsstand, post office, automated banking facilities and similar conveniences serving primarily employees and guests of the principal use, provided that there shall be no external evidence of such use, with the exception of directional signage.

(b)

In-service training schools for employees.

(c)

Custodial living quarters.

(d)

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

(e)

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

(f)

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

(g)

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

(h)

Sale of products incidental or accessory to the principal use.

(i)

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

(j)

Branch banks, provided that they are located within the principal building housing the offices of a banking organization or financial institution. Drive-up banking facilities related to the branch bank may be permitted, provided that such facilities do not adversely impede or conflict with the safe traffic flow required by the principal use on or off site.

(k)

A helistop located a minimum of 1,000 feet from any street line and 1,500 feet from any residential property line. Such helistop shall also be subject to the New Jersey Department of Transportation Division of Aviation approval, and its hours of operation shall be limited to between 7:00 a.m. and 8:00 p.m.

(7)

Building structures and uses owned and operated by the Township of West Windsor.

(8)

Mixed-use planned development, notwithstanding any other requirements of this Part 4, except as changed herein, shall also be subject to the following special requirements:

(a)

Permitted uses:

[1]

All those permitted and accessory uses within the ROM-1 District.

[2]

Research and business development incubator facilities, providing flexible designed spaces that can accommodate shared administrative, laboratory, computer and related research support services, including limited manufacturing facilities.

[3]

Conference center.

[4]

Hotel.

[5]

Business support uses primarily intended to service the mixed use park tenant needs, to include but not be limited to health clubs, child-care facilities, convenience retail, professional offices and service uses, branch banks (excluding drive-through facilities), restaurants, package shipment collection points, business libraries, travel agencies, recreational facilities and similarly related activities.

[6]

Affordable housing as an integral part of a mixed use planned development, subject to the following provisions:

[a]

Dwelling unit type, bulk and density standards shall be governed by the criteria contained in § 200-183, regarding the R-4B District, of this Part 4.

[b]

Affordable housing units shall comply with the affordability criterion and other provisions governing such units as contained in § 200-237, Application and interpretation of low/moderate-income housing provisions, of this Part 4.

[c]

There shall be no more than one affordable housing project located within any one mixed use planned development.

[d]

Location of housing within a planned development shall be conducive to fostering a residential neighborhood environment and shall be accessible to the development's common open space and public facilities or shopping services, if provided.

[e]

Recreational uses shall be appropriately buffered from nonresidential uses within the planned development and shall comply with landscape buffer requirements contained in Part 3, Subdivision and Site Plan Procedures, of this chapter. To the extent practicable, residential uses shall be in proximity to other residentially zoned areas of comparable dwelling unit type and density which may be adjacent to the ROM-1 District. Accessibility to public transportation or provisions for such accessibility shall be provided within the overall site design of such residential uses.

[f]

Residential areas shall be provided with appropriate active recreational facilities as governed by recreational design criteria contained in § 200-36C of Part 1, Site Plan Review, of this chapter.

(b)

Minimum mixed use planned development area: 20 acres in contiguous parcels not separated by an existing street and served by public water and sewer systems.

(c)

Minimum lot area within mixed use development: four acres.

(d)

Minimum mixed use development and lot frontage: 300 feet.

(e)

Mixed use development design, building arrangement, lot width, frontage, depth and yards.

[1]

The mixed use design shall be based on a planned development concept providing for a unified Master Plan governing the land use, circulation, open space and utility needs of the development. Comprehensive design guidelines for building and site layout as well as landscape treatment shall be provided along with provision for maintenance of common areas and spaces. The Plan shall also contain a staging component to ensure the orderly completion of the project in relationship to the capacity of the existing or planned infrastructure to absorb a particular stage or stages of the development. Such staging component shall be consistent with any Township timed growth control ordinance that may be in effect.

[2]

Buildings, lots, yard sizes and dimensions may be freely disposed and arranged and shall conform to the provisions of Part 1, Site Plan Review, of this chapter, and subject to the minimum standards below. The Planning Board may reduce the following standards for setback requirements from internal access roads of a mixed use development based on an approved Master Plan for the planned development, provided that such reduction does not create undesirable visual and spatial impacts on abutting properties or when viewed from the public right-of-way.

[a]

Minimum setback from the street line: 100 feet for lots located along a mixed use development internal access road with a fifty-foot landscape area at the street right-of-way; and 125 feet with a seventy-five-foot landscape area at the street right-of-way when located along arterial roads as designated on the Township's Circulation Master Plan.

[b]

Minimum setback from side and rear property lines: 40 feet, except where such yards are located on the perimeter of the mixed use development, they shall be 50 feet. Yards that abut a residential zone district line shall be increased according to the requirements set forth within the bulk standards for the ROM-1 District.

[Amended 8-12-1991 by Ord. No. 91-18]

[c]

Where more than one structure is located on a lot within the planned development, the structures shall be no closer to each other than 35 feet or the average height of the structure, whichever is greater.

(f)

Maximum building height and placement: six stories, but not more than 75 feet, provided that four or more storied buildings conform to the following standards, notwithstanding other provisions of this article to the contrary:

[1]

Four or more storied buildings shall be located only within a band 1,800 feet in width as measured from the right-of-way line of Route 1. An optional band width plan may be proposed to achieve an average width across the entire development tract of 1,800 feet, provided that such optional plan does not exceed 2,000 feet at its widest when measured parallel to the Route 1 right-of-way line. However, where such an averaging plan is proposed, those portions of a development tract abutting or opposite the plan projection of a residential zone district shall be located in a band width containing not more than 1,800 feet.

[2]

The minimum setback requirements from arterial or collector roads as designated in the Township's Circulation Master Plan shall be increased an additional three feet of setback for every one foot of building height which exceeds 45 feet.

[Amended 8-12-1991 by Ord. No. 91-18]

[3]

Building heights may vary up to six stories, provided that the maximum floor area of the stories above a three-storied building shall not exceed 25% of the total FAR for the planned development as may be approved on a preliminary development application.

(g)

Common open space design covenants, conditions and restrictions: The organization, administration and financial arrangements and guaranties governing the common open space or other common facilities which may be a part of the park shall be subject to the requirements set forth for planned residential developments in Article XVII of this Part 4. Furthermore, a document containing the design covenants, conditions and restrictions governing the internal implementation of the mixed use Master Plan shall be prepared by the applicant, addressing the following items: regulation of operations and uses permitted within the planned development, design guidelines for site improvements and buildings, a design review procedure, restrictions during construction and maintenance guidelines and standards regarding common open space, on-site landscaping and all paved surfaces.

(h)

Development staging program.

[1]

A program identifying the various stages of the development, including the necessary on-site, off-site and off-tract improvements to support each stage of the development shall be prepared by an applicant. In addition, the plan shall include:

[a]

Adequate protection to ensure the completion of each stage through the use of maintenance and performance guaranties, covenants and other formal agreements.

[b]

Proof that the stage is substantially self-functioning and self-sustaining with regard to access, utility services, parking, common open space, all amenities and other similar physical features. Further, each stage shall be capable of occupancy, operation and maintenance upon completion of construction and development of that stage or, in the case of subsequent stages, such subsequent stages shall likewise be in harmony with those under construction or in place. It is not intended that the creation of a tract-wide stormwater management system or other common elements be precluded by the above individual stage self-sustaining requirement. If a particular stage is dependent upon a common detention system located in another stage, then adequate assurances are to be provided so that its construction supports the development stage for which approval is being sought.

[c]

Proof that each stage is properly related to every other segment of the planned development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the planned development in the future.

[d]

A description of the off-tract and off-site improvements that would be necessitated by each respective stage and proposed responsibility for construction of such improvements, including pro rata share computations, according to the Township's Off-Tract Improvement Ordinance, if appropriate. If the proposed development is located within a designated transportation improvement district (TID), then the applicable regulations of that TID shall govern the calculation of the pro rata share for off-tract road improvements.

[2]

The Planning Board in its review of the adequacy of the length and timing of the staging program and the extent of off-site and off-tract improvements associated with the initial stage of development or a subsequent stage seeking final approval shall be guided by any Township timed growth control ordinance as well as traffic management or trip reduction policies and/or ordinances that may be in effect.

[Amended 8-12-1991 by Ord. No. 91-18]

(i)

Affordable housing incentives:

[1]

At least 100 affordable housing units may be provided within a mixed use planned development. For every unit constructed on-site, an additional 550 square feet of nonresidential use over and above the maximum development program proposed by an applicant shall be permitted. Such additional nonresidential square footage shall not be utilized in the calculation of either off-tract improvement obligations or pro rata contributions for off-tract infrastructure improvements.

[2]

In lieu of on-site affordable housing construction, dedication to the Township of a suitable area for such housing construction by a Township designee of at least 15 acres for each 100 affordable units or portion thereof within the planned development may be offered. For the provision of such a site area, an additional 50 square feet of nonresidential use over and above the maximum development program proposed by an applicant shall be permitted for each dwelling unit to be constructed. Such additional nonresidential square footage development potential shall not be utilized in the calculation of either off-tract improvement obligations or pro rata contributions for off-tract infrastructure improvements.

(9)

Veterinary clinics meeting the following special requirements:

[Added 5-1-2000 by Ord. No. 2000-08]

(a)

Minimum lot area: 3 1/3 acres.

(b)

The veterinary clinic shall be sited at least 150 feet from any residential use or zoning district.

(c)

Buildings housing animals shall be soundproofed to a maximum transmission of 65 dB measured on the outside of the exterior wall. Other soundproofing requirements may be imposed by the board of jurisdiction, such as, but not limited to the following: nonopening windows and forced-air ventilation, solid core doors and sound-absorbent ceilings.

(d)

Proper and ample ventilation of all animal areas in buildings shall be demonstrated to the satisfaction of the board of jurisdiction and shall meet all state licensing requirements.

(e)

Animals may be kept overnight for medical reasons only.

(f)

Animals shall be housed indoors and may be allowed outside only for short periods under staff supervision for hygienic or medical reasons. When they are outside, they shall be kept in a completely enclosed area.

(g)

A maximum percentage of floor area for overnight holding of animals shall be limited to 30% of the gross floor area of the veterinary clinic/hospital building.

(h)

A landscape buffer at least 50 feet wide within the one-hundred-fifty-foot standard set forth in Subsection A(9)(b) above, consisting of deciduous and evergreen plant material, shall be provided sufficient to screen parking and structures year round from all abutting side and rear yards. Such buffer may be waived by the board of jurisdiction where the applicant demonstrates to the board's satisfaction that natural on-site vegetation, existing topography, or other existing conditions provide acceptable screening from any surrounding residential property. In such case, the board of jurisdiction shall require a conservation easement to preserve this buffer screening.

(i)

Where the veterinary clinic abuts residential uses or residentially zoned land, pitched roofs, residential building materials (such as brick, wood and clapboard) and other architectural elements shall be employed to make the veterinary clinic compatible with residential building types.

(j)

No cremation or disposal of dead animals is allowed on the premises. Disposal of used and contaminated veterinary medical supplies shall meet low-level hazardous waste disposal requirements.

Editor's Note: Original Subsection 22-7.1.2c, as amended 8-12-1991 by Ord. No. 91-18, which immediately followed this subsection and dealt with retail commons, was deleted by Ord. No. 96-1.