“ AN ORDINANCE AMENDING, DELETING AND ADDING CERTAIN PROVISIONS OF THE BOROUGH LAND USE CODE DEALING WITH ZONING CHANGES FOR THE DuPONT (CHEMOURS) TRACT (BLOCK 100 LOTS 3, 6.01 AND 7)”

BE IT ORDAINED by the Mayor and Council of the Borough of Pompton Lakes, County of Passaic and State of New Jersey as follows.

1. The following changes to the DuPont (Chemours) Tract be and the same are hereby adopted.

190-15. Establishment of zones; Zoning Map; Bulk Requirement Schedule.

1. Zone districts. For the purposes of this chapter, the Borough of Pompton Lakes is hereby divided into districts as follows: [Amended 11-28-2007 by Ord. No. 07-20]

Remove  PRC Planned Recreational District

Add  HI Hybrid Industrial District

190-16. General provisions, supplementary regulations and exceptions.

Q. Signs

(7) remove PRC and add HI

(7)(c) remove PRC and add HI

W. Planned commercial development. [Added 11-28-2007 by Ord. No. 07-20]

2)(d) remove Planned Recreational District, PRC District and add Hybrid Industrial District, HI District

190-17. District regulations.

I. The district regulations for the CBR Cannonball Road District shall be as follows: [Added 11-28-2007 by Ord. No. 07-20]

In first sentence of (1) Purpose. remove the words planned recreational community and add hybrid industrial district

J. Remove existing section J. pertaining to the PRC Planned Recreational Community District

Replace with the following new section:

J. The district regulations for the HI Hybrid Industrial District shall be as follows: 

1. Purpose. The purpose of the Hybrid Industrial District is to provide a unique zone where a mix of compatible industrial and commercial uses could be comprehensively planned for in a common setting. The intent of this zone is to provide flexibility, promote cohesive site and building design, coordinate amenities and shared civic spaces, and protect and preserve environmentally sensitive areas within the district. 

2. Comprehensive planning and design. All sections or phases shall be developed in accordance with a general development plan (GDP) for the overall development of the property as approved by the Planning Board and subject to the requirements for general development plans set forth by the Municipal Land Use Law. Development successors in title, if any, shall be bound by commitments made by this overall development plan.
    
   
    

3. Design Standards. Application for a general development plan and subsequent development applications shall conform to the design standards provided in Article V of this code. Where a particular project requires construction not covered in the design standards, the proposed design will be evaluated on the basis of normally accepted engineering and/or architectural design practices. In the case of non-construction related items, the proposed design will be evaluated on the basis of normally accepted engineering, architectural and/or planning practices.

    

4. Permitted principal uses.

5. Light industry.

6. Research and development.

7. Flex space.

8. Storage establishments, including mini-storage warehouses.

9. General, business and professional offices.

10. Personal and business services.

11. Planned commercial development.

12. Artist and maker studios.

13. Microbreweries and distilleries.

14. Commercial recreation and entertainment facilities, including galleries.

15. Fitness, health clubs, martial arts, gymnastic and yoga facilities.

16. Passive recreation.

17. Energy generation facilities.

18. Government uses.

     

19. Permitted accessory uses.

20. 
    

    1. Restaurants. 

    2. Uses and structures that are customarily subordinate and incidental to a principal permitted use.

    3. Signs. See § 190-16Q. 

    4. Off-street parking and surface parking, provided that they serve uses expressly permitted in the district. A parking facility accessory to one use may be used for parking accessory to other uses expressly permitted in the HI District.

        

21. Prohibited uses. The following uses shall be prohibited in the HI Hybrid Industrial District: 

22. Residential uses.

23. Day care. 

24. Schools.

     

25. Bulk Requirements. Bulk requirements for the HI Hybrid Industrial District shall be determined upon adoption of a general development plan by the Planning Board.

26. Height. No building shall exceed a maximum of 60 feet in height.

     

(8) Minimum buffer. The developer shall provide and maintain a buffer area of not less than 50 feet from all external lot lines of the development. The buffer area shall, to the extent possible, be kept in its natural state where wooded. Where natural vegetation is sparse or nonexistent, the area shall be supplemented and planted to provide a year-round vegetation with indigenous, non-invasive species. The required buffer area shall be included for the purpose of computing compliance with the common open space and yard setbacks required as a condition of any general development plan. Only the following uses shall be permitted in a buffer area:

1. Drainage improvements.

2. Underground utilities.

3. Interim environmental remediation equipment and structures.

4. Pedestrian and bicycle paths.

5. Crossing of access roads.

6. Fences and retaining walls, where needed.

7. Gatehouse. 

(9) Open Space –the general development plan shall provide a plan for the maintenance and conservation of all open space. The amount, location and purpose of the open space shall be defined in the plan.

(10) Pedestrian and bicycle circulation. Bikeways and walking paths shall offer connectivity throughout the entire HI District. See § 190-21D(6).

Design Standards

190-21. Development standards: nonresidential and mixed-use areas. [Amended 8-13-1997 by Ord. No. 97-08; 11-28-2007 by Ord. No. 07-20]

B. Applicability.

1. 
   
   1. 
      

      1. These standards and guidelines shall be applicable to any project requiring subdivision approval, site plan approval, or a zoning permit within the following districts, or where deemed appropriate by the Board:

Add (g) Hybrid Industrial District (HI)

190 Attachment 1 – revise name of zone and the permitted uses

District - Delete PRC; Add HI

Permitted Uses – Delete Planned development including golf course and recreational uses, hotel and conference center and active adult housing community; Add Planned commercial and industrial development including general/business/professional offices; personal/business services; artist/maker studios; microbreweries and distilleries; indoor recreation; passive outdoor recreation; energy generation facilities; government uses

Zoning Map – delete PRC Planned Recreational District from Zoning Districts list and add HI Hybrid Industrial District; delete PRC label from the zone and add HI label to the zone (note there is only one location on the map that has the PRC zoning district)

2. The Borough Clerk is hereby directed to give notice at least ten days prior to the adoption of this Ordinance to the County Planning Board and to all other persons entitled thereto pursuant to NJSA 40:55D-15 and NJSA 40:55D-63 (if required). Upon the adoption of this ordinance after public hearing thereon, the Borough Clerk is further directed to publish notice of the passage thereof and to file a copy of the Ordinance as finally adopted with the Passaic County Planning Board as required by NJSA 40:55D-16. The Clerk shall also forthwith transmit a copy of this Ordinance after final passage to the Borough Assessor as required by NJSA 40:49-2.1.

3. All ordinances or parts of ordinances or resolutions that are in conflict with the provisions of this Ordinance are repealed to the extent necessary.

4. If any article, section, subsection, term or condition of this Ordinance is declared invalid or illegal for any reason, the balance of the Ordinance shall be deemed severable and shall remain in full force and effect.

5. This Ordinance shall take effect after approval of the Mayor or in accordance with law and publication and passage according to law.