2011 PERIODIC REEXAMINATION REPORT OF THE MASTER … · 2011 periodic reexamination report of the...

2011 PERIODIC REEXAMINATION REPORT

OF THE MASTER PLAN AND DEVELOPMENT REGULATIONS

AMENDMENT TO THE MASTER PLAN

LAND USE PLAN ELEMENT

Andover Township

Sussex County, New Jersey

March 15, 2011

Prepared by the Andover Township Land Use Board

with assistance from

Banisch Associates, Inc. 111 Main Street

Flemington, NJ 08822

Prepared By:

__________________________ Charles T. McGroarty, PP, AICP

License No. 4145

The original of this document has been signed and sealed pursuant to N.J.A.C. 13:41-1.3

ANDOVER TOWNSHIP Periodic Reexamination Report of the

Master Plan and Development Regulations Amendment to the Master Plan Land Use Plan Element

March 15, 2011 _____________________________________________________________________________________

2

Township of Andover Land Use Board – 2010

_________________________________________

John O’Connell, Chairman

Diana Boyce, Mayor Designee

Gail Phoebus, Township Committee Member

Rick Melfi

Ellsworth E. Bensley, Jr.

Sue Howell

Gerald Huelbig

CeCe Pattison

Christine Kretzmer

Paul Messerschmidt, Alternate No. 1

Kenneth Roberts, Alternate No. 2

Richard Brigliadoro, Esq.

Joseph Golden, P.E., P.P., CME

Linda Paolucci, Land Use Board Secretary



March 15, 2011 _____________________________________________________________________________________

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Executive Summary..........................................................................................................................4

1.0 INTRODUCTION ....................................................................................................................4

2.0 FRAMEWORK FOR THE PERIODIC REEXAMINATION OF THE MASTER PLAN ........5

3.0 C.40:55D-89a: THE MAJOR PROBLEMS AND OBJECTIVES RELATING TO LAND

DEVELOPMENT IN THE MUNICIPALITY AT THE TIME OF THE ADOPTION OF THE

LAST REEXAMINATION REPORT. .......................................................................................6

4.0 C. 40:55D-89b: THE EXTENT TO WHICH SUCH PROBLEMS AND OBJECTIVES HAVE

BEEN REDUCED OR HAVE INCREASED SUBSEQUENT TO SUCH DATE. .....................6

5.0 C. 40:55D-89c: THE EXTENT TO WHICH THERE HAVE BEEN SIGNIFICANT

CHANGES IN THE ASSUMPTIONS, POLICIES AND OBJECTIVES FORMING THE BASIS

FOR THE MASTER PLAN OR DEVELOPMENT REGULATIONS AS LAST REVISED........7

6.0. C. 40:55D-89d: THE SPECIFIC CHANGES FOR THE MASTER PLAN OR

DEVELOPMENT REGULATIONS ..........................................................................................7

7.0 C. 40:55D-89e: THE RECOMMENDATIONS OF THE PLANNING BOARD

CONCERNING THE INCORPORATION OF REDEVELOPMENT PLANS .........................8

AMENDMENT TO THE MASTER PLAN LAND USE PLAN ELEMENT.......................................8



March 15, 2011 _____________________________________________________________________________________

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Executive Summary This report consists of two parts. First, it provides a Reexamination Report of Andover Township’s Master Plan. Most recently the Andover Township Land Use Board adopted a Reexamination Report on March 22, 2010. The present analysis is focused upon the specific recommendation in the 2010 report to consider modifications to the I-Industrial zone district. Secondly, it provides an amendment to the Land Use Plan Element to establish the basis for a modified Industrial zone district in order to expand the range of permitted uses to include active indoor recreation facilities and limited retail. The second part comprises an amendment to the Land Use Plan Element of the Township’s Master Plan for the specific purpose of modifying certain areas currently zoned for Industrial use to a more flexible zone permitting a broader range of goods and services to benefit the residents of Andover Township in addition to the present industrial zoning. 1.0 INTRODUCTION The Municipal Land Use Law at N.J.S.A. 40:55D-89, includes the following statement relative to the periodic examination of a municipal Master Plan:

The governing body shall, at least every six years, provide for a general reexamination of its master plan and development regulations by the planning board which shall prepare and adopt by resolution a report on the findings of such reexamination, a copy of which report and resolution shall be sent to the county planning board and the municipal clerk of each adjoining municipality. The first such reexamination shall have been completed by August 1, 1982. The next reexamination shall be completed by August 1, 1988. Thereafter, a reexamination shall be completed at least once every 6 years from the previous reexamination.

The most recent Master Plan Reexamination Report was adopted by the Land Use Board on March 22, 2010. Previously the Land Use Board adopted reports in May 2008 and December 2007. The first complete Master Plan or Comprehensive Development Plan as it was then known appears to have been prepared in 1958 or 1959. Other comprehensive plans followed in 1976 and again in 1989. In addition, a number of more focused planning studies have been prepared and adopted over the years and are identified in the listing below.

1. Amendment to the Master Plan Land Use Plan Element, March 22, 2010 2. 2010 Periodic Reexamination Report of the Master Plan and Development

Regulations, March 22, 2010 3. Evaluation of Groundwater Resources of Andover Township, Sussex County, New

Jersey: December 17, 2009 4. Housing Element and Fair Share Plan, December 2008 5. Amendment to the Andover Township 2007 Periodic Reexamination Report of the

Master Plan and Development Regulations: May 12, 2008 6. Periodic Reexamination Report of the Master Plan and Development Regulations:

December 18, 2007



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7. Natural Resource Inventory: February 2007 8. Build-Out and Capacity Analysis: May 1, 2007 9. Master Plan Reexamination Report: October 15, 2005; Revised October 31, 2005 10. Amendment to the Master Plan Residential Land Use Plan and Resource

Conservation Element: October 15, 2005 11. Housing Plan and Fair Share Plan: October 15, 2005 12. Stormwater Management Plan: April 2005 13. Andover Township State Plan Cross Acceptance Report: December 18, 2004 14. Andover Township Sussex County Strategic Growth Report: December 18, 2004 15. Master Plan Amendment: May 15, 2000 16. 2000 Master Plan Reexamination Report: April 10, 2000 17. Natural Resource Inventory 1999 18. Amendment to Andover Township Master Plan: adopted March 16, 1998 19. Wastewater Management Plan: Revised February 1997 20. Housing Element / Fair Share Plan: adopted June 3, 1996 21. Wastewater Management Plan: Revised December 1996 22. Housing Element / Fair Share Plan: May 15, 1995 23. Master Plan Reexamination Report: 1994 24. Master Plan “From 1989 to 1992”: December 7, 1992 25. Route 206 Corridor [Study]: September 1991 26. 1989 Master Plan: September 1989, adopted on August 21, 1991 27. Master Plan Reexamination Report: adopted November 15, 1982 28. Andover Township Recreation Master Plan: 1978 29. Andover Township Master Plan: 1976 30. A Comprehensive Development Plan (1958 estimated)

2.0 FRAMEWORK FOR THE PERIODIC REEXAMINATION OF THE MASTER PLAN The Municipal Land Use Law sets forth the following five questions to be addressed in preparing the Reexamination Report: C. 40:55D-89a The major problems and objectives relating to land development in

the municipality at the time of the adoption of the last reexamination report.

C. 40:55D-89b The extent to which such problems and objectives have been reduced

or have increased subsequent to such date. C. 40:55D-89c The extent to which there have been significant changes in the

assumptions, policies and objectives forming the basis for the master plan or development regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation, collection, disposition and recycling of designated



March 15, 2011 _____________________________________________________________________________________

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recyclable materials, and changes in State, county and municipal policies and objectives.

C. 40:55D-89d The specific changes for the master plan or development regulations,

if any, including underlying objectives, policies and standards, or whether a new plan or regulations should be proposed.

C. 40:55D-89e The recommendations of the planning board concerning the incorporation

of redevelopment plans adopted pursuant to the “Local Redevelopment and Housing Law”, P.L. 1992, c. 79 (C. 40A:12A-1 et seq.) into the land use plan element of the municipal master plan, and recommended changes, if any, in the local development regulations necessary to effectuate the redevelopment plans of the municipality.

3.0 C.40:55D-89a: THE MAJOR PROBLEMS AND OBJECTIVES RELATING TO LAND

DEVELOPMENT IN THE MUNICIPALITY AT THE TIME OF THE ADOPTION OF THE

LAST REEXAMINATION REPORT. The Master Plan Reexamination Report adopted by the Land Use Board on March 22, 2010 identified the need to study the Township’s Industrial Zone District which applies to lands in various locations throughout the municipality (Exhibit 1). Specifically, the report categorized these areas into seven discrete locations (Areas A – G) and provided an analysis of acreage, ownership, tax class status and existing land uses. The 2010 Reexamination Report recommended one location be reclassified for a limited range of more intensive industrial uses while offering the following direction with regard to the remaining lands zoned for industrial activities:

Consider rezoning portions of other Industrial districts to a Public Use or Conservation category where ownership rests with NJDEP/Green Acres and the Nature Conservancy.

Evaluate the remaining industrially-zoned lands to determine if rezoning is appropriate in consideration of the applicable land characteristics and surrounding development patterns.1

4.0 C. 40:55D-89b: THE EXTENT TO WHICH SUCH PROBLEMS AND OBJECTIVES HAVE

BEEN REDUCED OR HAVE INCREASED SUBSEQUENT TO SUCH DATE. The Land Use Board did recommend that one area of the Township zoned Industrial should be modified to create a General Industrial district wherein certain more intensive industrial

1 Andover Township, Periodic Reexamination Report of the Master Plan and Development Regulations, March 22, 2010, Page 13



March 15, 2011 _____________________________________________________________________________________

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activities would be permitted as conditional uses. This objective has been implemented with the creation of the GI-General Industrial zone district as set forth in the 2010 Land Use Plan amendment and Township Ordinance 2010-05.

5.0 C. 40:55D-89c: THE EXTENT TO WHICH THERE HAVE BEEN SIGNIFICANT

CHANGES IN THE ASSUMPTIONS, POLICIES AND OBJECTIVES FORMING THE BASIS FOR

THE MASTER PLAN OR DEVELOPMENT REGULATIONS AS LAST REVISED, WITH

PARTICULAR REGARD TO THE DENSITY AND DISTRIBUTION OF POPULATION AND LAND USES, HOUSING CONDITIONS, CIRCULATION, CONSERVATION OF NATURAL RESOURCES, ENERGY

CONSERVATION, COLLECTION, DISPOSITION AND RECYCLING OF DESIGNATED RECYCLABLE

MATERIALS, AND CHANGES IN STATE, COUNTY AND MUNICIPAL POLICIES AND OBJECTIVES. Andover Township’s Land Use Board continued its analysis of the Industrial zone district subsequent to the Master Plan Reexamination Report and Land Use Plan amendment, both adopted in March 2010 with the conclusion that certain areas are suitable for a broader range of uses apart from those presently permitted in the Industrial district. This conclusion is based in part on the underutilization of certain properties in the Industrial district and in part upon the recognition that such underutilized buildings, designed for industrial uses are well suited with high ceilings and open floor plans to accommodate emerging businesses which provide a range of indoor recreational and cultural functions. Additional study is warranted with regard to creating a new Public or Conservation zone district pursuant to one of the recommendations in the 2010 Reexamination Report. It is expected that such a new zone will encompass not only those preserved parcels currently zoned for industrial use but other preserved lands throughout Andover Township as well. 6.0. C. 40:55D-89d: THE SPECIFIC CHANGES FOR THE MASTER PLAN OR

DEVELOPMENT REGULATIONS, IF ANY, INCLUDING UNDERLYING OBJECTIVES, POLICIES AND STANDARDS, OR WHETHER A NEW PLAN OR REGULATIONS SHOULD BE

PROPOSED. This Reexamination Report recommends the Industrial zone district be modified in certain areas to permit sports facilities, studios for the instruction of the arts, including but not limited to dance, music, language, and photography. Ancillary uses including limited retail sales and rooms for hire for parties are likewise recommended.



March 15, 2011 _____________________________________________________________________________________

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7.0 C. 40:55D-89e: THE RECOMMENDATIONS OF THE PLANNING BOARD

CONCERNING THE INCORPORATION OF REDEVELOPMENT PLANS ADOPTED

PURSUANT TO THE “LOCAL REDEVELOPMENT AND HOUSING LAW”, P.L. 1992, C. 79 (C. 40A:12A-1 ET SEQ.) INTO THE LAND USE PLAN ELEMENT OF THE

MUNICIPAL MASTER PLAN, AND RECOMMENDED CHANGES, IF ANY, IN THE

LOCAL DEVELOPMENT REGULATIONS NECESSARY TO EFFECTUATE THE

REDEVELOPMENT PLANS OF THE MUNICIPALITY. There are no recommendations for a Redevelopment Plan at this time.

AMENDMENT TO THE MASTER PLAN LAND USE PLAN ELEMENT The recommendation offered in the March 2011 Master Plan Reexamination Report to modify the Industrial zone district as it applies to certain locations in Andover Township in order to encourage reinvestment in the areas in question with goods and services to benefit the residents of Andover Township is entirely consistent with the purposes of the Municipal Land Use Law as set forth at N.J.S. 40:55D-2, and in particular the following:

(a) To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare;

(g) To provide sufficient space in appropriate locations for a variety of

agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens; and

(m) To encourage coordination of the various public and private

procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.

The properties identified in Table 1, below, are proposed to be rezoned from the present Industrial zone district to a new district to be known as the Commercial/Industrial Zone District (C/I). The Industrial zone which encompassing the Jump Airport site (Block 151, lots 20, 21 and a portion of Lot 22) will be rezoned to the new C/I district but will retain the ‘A-2’ designation in recognition of the constraints imposed in “air safety” zones per §190-31 of Chapter 190.



March 15, 2011 _____________________________________________________________________________________

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Table 1 Properties to be Rezoned to Commercial/Industrial District

Block Lot Acreage 5.02 3126 5.03 3.54.01 2.94.02 5.34.03 7.5

128

4.04 2

Exhibit 2

134 17.15 30.5 Exhibit 320 4.821 97.8

151

*22 **10Exhibit 4

1.01 1.22 5.4

159

4 8.54 5.15 9.4

5.01 4.4

161

5.02 5.5

Exhibit 5

* Portion of lot situate in existing I/A2 zone district ** Approximate.

The existing principal permitted uses in the Industrial zone district which shall remain in place are as follows:

1. Agriculture, farm and horticulture (§ 190-42) 2. Construction business office and construction equipment and material storage 3. Greenhouses and nurseries 4. Light manufacturing, fabricating and assembly plants 5. Printing and publishing establishments 6. Wholesale establishments, warehouse and storehouses

The new Commercial/Industrial zone district will retain the above uses and add the following:

1. Administrative and corporate offices 2. Business services 3. Child care centers pursuant to N.J.S.A. 40:55D-66.6. 4. Flex-space buildings 5. Health clubs 6. Sports facilities 7. Studios for the instruction of the arts, dancing, music, language or photography



March 15, 2011 _____________________________________________________________________________________

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Existing permitted accessory in the Industrial zone are: 1. Cafeteria and similar services for use by employees 2. Fences (Article XII) 3. Off-street parking 4. Private garages 5. Signs (Article XI) 6. Uses customarily incidental to principal use

The new Commercial/Industrial zone district will retain the above uses and add the following:

1. Party areas limited to no more than fifty (50) participants. 2. Retail sales limited to no more than twenty-five (25) percent of the Gross Floor Area

or 1,000 square feet, whichever is less 3. Showers and locker rooms

Existing conditional uses in the Industrial district are limited to:

1. Essential services (§ 190-46) 2. Warehousing, storing and wholesaling of certain materials (§ 190-54)

No additional conditional uses are proposed for the new Commercial/Industrial zone district. The existing Industrial/A-2 zone which is confined to Block 151, lots 20, 21 and a portion of Lot 22 has a very slight variation from the Industrial zone cited above. Existing principal permitted uses are as follows:

1. Administrative and corporate offices 2. Agriculture, farm and horticulture (§ 190-42) 3. Construction business office and construction equipment and material storage 4. Greenhouses and nurseries 5. Light manufacturing, fabricating and assembly plants 6. Printing and publishing establishments 7. Wholesale establishments, warehouse and storehouses

The new Commercial/Industrial [A-2] zone district will retain the above uses and add the following:

1. Business services 2. Child care centers pursuant to N.J.S.A. 40:55D-66.6. 3. Flex-space buildings 4. Health clubs 5. Sports facilities 6. Studios for the instruction of the arts, dancing, music, language or photography

Existing accessory uses are:

1. Cafeteria and similar services for use by employees 2. Fences (Article XII)



March 15, 2011 _____________________________________________________________________________________

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3. Private garages 4. Signs (Article XI) 5. Uses customarily incidental to principal use

To the above, the following additional accessory uses are recommended:

1. Off-street parking 2. Party areas limited to no more than fifty (50) participants. 3. Retail sales limited to no more than twenty-five (25) percent of the Gross Floor Area

or 1,000 square feet, whichever is less 4. Showers and locker rooms

Existing conditional uses in the Industrial-A-2 district are limited to:

1. Automotive repair services (§ 190-55) 2. Essential services (§ 190-46) 3. Warehousing, storing and wholesaling of certain materials (§ 190-54)

No additional conditional uses are proposed for the new Commercial/Industrial [A-2] zone district.

The standards for lot area, lot width, principal and accessory buildings and structures, and impervious coverage and height shall be the same standards applicable to the principal, accessory, and conditional uses in the I-Industrial zone district.

R-2

I

R-3

R-2

R-2

I

I

R-2

R-2.5

R-1.0

GI

PRC

CB

R-0.5

R-1.0

SR

ML

I

I/A-2R-0.5

R-2.0/A-1HC

ML

I

CR/A-2

B/A

PCD

MFR

R-0.5R-0.5/A

R-0.5

B/A

R-0.5

HC

HC

R-1.0

B/A

HCR-0.5

CB

R-1.0

CB

HCClear Zone

Clear Zone

HC

HC

R-1.0

R-1.0

R-2L im

ecres

t Road

Perona Road

Mulford Road

Pierc

e Roa

d

Skyt op Ro ad

Kilro

y Roa

d

Law

rence

R oad -

Route 623

Payn

e Roa

d

B alla

n tine

Road

Brigh

ton R

o ad -

Rou

te 60

3

Goo d

a le Road

Lake Il i ff Road

Hemloc

k Avenu e

Tallyho L an

e

Rose vil l e Road

Current Drive

Dors

e t L a

ne

Bruc e Dr ive

Dana Drive

Overl

ook R

oad

Pinkneyvil le Road

Catlin Court

Susse

x Aven

ue

Cliffs

ide W

ay

Bonn

ie Gl

en C

ourt

Gooda

le Roa

d

Current Drive

Exhibit 1 - Existing Industrial ZonesAndover Township, Sussex County

µ0 0.25 0.5 0.75 1 1.25 1.50.125

Miles

B A N I S C H A S S O C I A T E S, I N C.

Planning and Design

Data Sources:Andover Township Engineer

March 2011

LegendIndustrial ZoneZone BoundaryParcel

B 129L 2

B 126L 5

B 128L 4.03

B 128L 4.02

B 126L 5.01

B 126L 5.03

B 128L 4.01

B 126L 5.02

B 126L 5.04

B 126L 5.05

B 160.02L 1

B 128L 4.04

I

R-2

I

R-1.0

C/I

CBCB

CR/A-2

Yates

Avenue

Stick

les Po

nd R

oad

Gooda

le Roa

d

Catli n Cou rt

B ruce Drive

Wil s

o n

Place

Stick

les P

ond R

oad

Andover TownshipProposed Commercial/Industrial Zone

µ0 0.25 0.50.125

Miles


Planning and Design


Zone boundaryProposed C/I ZoneParcel

Exhibit 2March 2011

B 134L 17.15

B 134L 17.13

B 134L 11.01

B 157L 7

B 157L 8.05

B 134L 24

B 134L 17.12

B 157L 8.03

B 157L 8.06

B 134L 17.17

B 134L 17.14

B 134L 16.02

B 134L 17.01

B 134L 19

B 157L 8.02

B 134L 17.02

B 141L 2

B 157L 8.01

B 134L 17.16

B 134L 17.08

B 134L 17.06

B 134L 18

B 134L 17.03

B 134L 15

B 157L 8.07

B 141L 5.03

B 134L 14

B 141L 5.02

B 134L 13

B 151L 19

B 134L 16.01

B 157L 8.25

B 157L 8.08

B 157L 8.25

C/I

R-2

HC

B/A

R-2

B/A

R-0.5

Lew Mae Drive

U.S. Highway Route 206

Tall yho L ane

U.S. Highway Route 206


µ0 0.250.125

Miles


Planning and Design


Zone BoundaryProposed C/I ZoneParcel

Exhibit 3March 2011

B 151L 22

B 151L 21

B 151L 20

C/I A-2

ML

R-2

R-2R-0.5

R-0.5/A

CR/A-2

B/AB/A

B/A

ML

R-2

BPO/R/A

C/I

HC

Stickles Pond Road

Mar tin

Street

Irving

Plac

e

Vivia

n Plaz

a

Westv iew Te rrace

Arthur Avenue

Hi l l T op R oad

Allen Driv

e

Denn

is Dr

ive

Howard DriveViv ian

P

laza


µ0 0.250.125

Miles


Planning and Design


Zone BoundaryProposed C/I A-2 ZoneParcel

Exhibit 4March 2011

B 161L 3

B 159L 5

B 132L 3

B 161L 4

B 132L 1

B 158L 10

B 159L 4

B 161L 5

B 158L 14.02

B 158L 14.03

B 158L 14.01

B 159L 2

B 161L 5.02

B 161L 5.01

B 132L 2B 159

L 5.03

B 159L 1.03

B 132L 4

B 161L 6

B 159L 1.01

B 159L 7

B 72L 1.05

B 158L 1

B 158L 2

B 158L 14.04

B 160.04L 3

B 159L 5.02

B 158L 12

B 134L 28

I

R-2

C/I

R-2

C/I

HC

HC

U.S. H ighway Route 206


µ0 0.250.125

Miles


Planning and Design


Zone BoundaryProposed C/I ZoneParcel

Exhibit 5March 2011

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