Start your 7-day free trial — unlock full access instantly.
← Back to Search
Lead Closed
This opportunity is no longer accepting submissions.
2022 Master Plan Reexamination & Development Regulations Report
BID #: N/A
ISSUED: 9/28/2022
DUE: TBD
VALUE: TBD
100
Rating
Risk Rank
Green Risk
AI-Powered Lead Insights
Executive Summary
The Township of East Hanover is undergoing a reexamination of its Master Plan and development regulations, conforming to the New Jersey Municipal Land Use Law (MLUL). This report, dated September 28, 2022, reviews the Township's planning documents, addressing problems, objectives, and policy changes since the last reexamination in 1994. It covers demographic shifts, state and county-level changes, and municipal actions, recommending updates to master plan elements and development standards. Key areas of focus include land use balance, commercial district attractiveness, and natural resource preservation. The report acknowledges public electric vehicle infrastructure and adherence to recent legislation mandating charging stations in new developments.
The document identifies recommended changes for the Master Plan, including amended goals/objectives, suggests drafting new master plan elements focused on circulation and open space/recreation, and discusses updates for land use and zoning regulations. It addresses new technologies like solar and wind energy, digital signs, cannabis, and short-term rentals. An analysis of variance relief granted over the past 12 years indicates potential areas for refinement in the R-15 Zone. Further, it recognizes a designated redevelopment area and suggests no changes at this time. The recommendations seek to modernize regulations, address demographic shifts, and adapt to evolving technologies to maintain a balanced and sustainable community.
Web Content
Automated discovery link found on East Hanover website.
Document Text
--- Document: 2022 Master Plan Reexamination & Development Regulations Report Document ---
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
i
Land Use Planning Board
William Salemme, Chairman
Alan Elwood, Vice Chairman
Carolyn Jandoli
Gary Lombardi
Frank DeMaio, Jr.
Vincent Ucci
Lawrence Colasurdo
Richard Koscielak
Steve Sylvestro
Stephen Cosenzo, Alternate
Mauro Castano, Alternate
Sigi Lembo, Alternate
Vincent Piserchio, Alternate
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
ii
Table of contents
I.
Introduction .......................................................................................................................................... 2
II. Problems & Objectives Related to the 1994 Reexamination ............................................................ 5
II.
Problems & Objectives Related to the 1994 Reexamination .......................................................... 6
Recommended Changes in Permitted Land Uses ........................................................................................................................... 6
Home Occupations ................................................................................................................................................................................. 6
Deferred Recommendations ................................................................................................................................................................ 7
Recommended Changes in the Township Land Use and Zoning Ordinance ........................................................................... 8
1995 Supplement Recommendations ..............................................................................................................................................16
III.
Extent That Problems & Objectives Have Changed Since 1994 .................................................. 18
Recommended Changes in Permitted Land Uses .........................................................................................................................18
Home Occupations ...............................................................................................................................................................................18
Deferred Recommendations ..............................................................................................................................................................19
Recommended Changes in the Township Land Use and Zoning Ordinance .........................................................................19
IV.
Extent of Changes in Policies & Objectives Forming the Basis of the 1994
Reexamination Report ............................................................................................................................. 34
Demographic Changes .........................................................................................................................................................................34
State Changes ........................................................................................................................................................................................38
County Changes .....................................................................................................................................................................................47
Municipal Changes ................................................................................................................................................................................53
V.
Changes Recommended for the Master Plan or Development Regulations .............................. 58
Goals and Objectives ............................................................................................................................................................................58
Master Plan Elements ...........................................................................................................................................................................65
Land Use and Development Review .................................................................................................................................................67
New Technologies .................................................................................................................................................................................72
Year-End Board Reports ......................................................................................................................................................................73
VI.
Recommendations Concerning the Incorporation of Redevelopment Plans ........................... 76
VII.
Public Electric Vehicle Infrastructure ............................................................................................ 78
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
I. Introduction
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
2
I. Introduction
The Township of East Hanover is in Morris County along the boundary with Essex County and encompasses
approximately 8.1 square miles. East Hanover is a diverse community offering quiet residential neighborhoods,
opportunities for small and large businesses, space for industrial and manufacturing uses, and open space
areas. The Township is traversed by Interstate 280 in the north, but there is no interchange within the
Township. New Jersey State Route 10 (“Route 10”) bisects the southern half of the Township. A majority of the
commercial, office, and industrial uses are centered around Route 10 and adjacent side streets. The Township
also contains numerous County Routes, including Hanover Road (CR 609), Mt. Pleasant Avenue (CR 610), Eagle
Rock Avenue (CR 611), and Ridgedale Avenue (CR 632). The Township does not have access to any public rail
services. However, NJTransit operates Bus Route 73 (Newark – Orange – Livingston Mall) and Bus Route 872
(Morristown – Route 10 – Livingston), which make stops in East Hanover.
East Hanover is surrounded by the Township of Montville to the north, the Townships of Fairfield and West
Caldwell in Essex County to the northeast, the Borough of Roseland and Township of Livingston in Essex County
to the east, the Borough of Florham Park to the south, the Township of Hanover to the southwest, and the
Township of Parsippany-Troy Hills to the northwest. See the map on page 4 for the general location of East
Hanover.
The New Jersey Municipal Land Use Law, NJSA 40:55 D-1 et seq. (“MLUL”), stipulates that each municipality in
the State of New Jersey shall reexamine its Master Plan and development regulations at least every ten years.
Specifically, NJSA 40:55D-89 states:
“The governing body shall, at least every ten 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 Office of Planning Advocacy and to the County Planning Board. A notice that the
report and resolution have been prepared shall be sent to any military facility commander who has
registered with the municipality pursuant to section 1 of P.E.2005, c.41 (C.40:55D-12.4) and to the
municipal clerk of each adjoining municipality, who may request a copy of the report and resolution
on behalf of the military facility or municipality. A reexamination shall be completed at least once
every 10 years from the previous reexamination.”
This reexamination of the Township of East Hanover’s Master Plan and Development Regulations conforms to
the requirements of the MLUL and addresses the requirements of NJSA 40:55D-89 by including the following:
A.
The major problems and objectives relating to land development in the municipality at the time of the
adoption of the last reexamination report.
B.
The extent to which such problems and objectives have been reduced or have increased subsequent to
such date.
C.
The extent to which there have been significant changes in the assumptions, policies and objectives
forming the basis for such 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.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
3
D. The specific changes recommended for the Master Plan or development regulations, if any, including
underlying objectives, policies and standards, or whether a new plan or regulations should be
prepared.
E.
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.
F.
The recommendations of the Planning Board concerning locations appropriate for the development of
public electric vehicle infrastructure, including, but not limited to, commercial districts, areas proximate
to public transportation and transit facilities and transportation corridors, and public rest stops; and
recommended changes, if any, in the local development regulations necessary or appropriate for the
development of public electric vehicle infrastructure.
A review of East Hanover’s master planning documents reveals that the Township’s last reexamination report
was adopted in December of 1994. The 1994 Reexamination of Master Plan (“1994 Reexamination”) reviewed
the 1986 Re-examination of Master Plan. It should be noted that a Supplement to 1994 Reexamination of the
Master Plan was adopted in December of 1995 (“1995 Supplement”). The 1995 Supplement specifically dealt
with zoning options for the Block 96, Lots 99, 100, 101, and 102 in the Professional Business, PB-1 and PB-2,
Zones.
Regional Location
R:\GIS\GISPROJECTS\Municipal\E-H\EHT\EHT058\220712apb_Township_Location.mxd
Long Hill
Township
Chatham
Borough
Chatham
Township
Madison
Borough
Harding
Township
Florham Park
Borough
Morristown
Mendham
Township
Morris
Township
Hanover
Township
Randolph
Township
Parsippany-Troy
Hills Township
Dover
Wharton
Borough
Boonton
Denville
Township
Lincoln Park
Borough
Boonton
Township
Montville
Township
Pequannock
Township
Riverdale
Borough
Butler
Borough
Kinnelon
Borough
Rockaway
Township
Jefferson
Township
Rahway
Clark
Township
Plainfield
Linden
Roselle
Borough
Watchung
Borough
Warren
Township
Cranford
Township
Scotch Plains
Township
Westfield
Kenilworth
Borough
Elizabeth
Berkeley Heights
Township
Mountainside
Borough
New Providence
Borough
Springfield
Township
Union
Township
Summit
Bernardsville
Borough
Maplewood
Township
Millburn
Township
Kearny
East
Orange
Belleville
Township
Livingston
Township
West Orange
Township
Nutley
Township
Roseland
Borough
Verona
Township
West Caldwell
Township
Cedar Grove
Township
Fairfield
Township
Totowa
Borough
Paterson
Wayne
Township
Wyckoff
Township
Franklin
Lakes Borough
Oakland
Borough
Bloomingdale
Borough
Wanaque
Borough
West Milford
Township
Hillside
Township
Irvington
Township
Newark
Bernards
Township
Clifton
Morris County
New York
Bergen County
Essex County
Passaic County
Somerset County
Union County
±
July 2022
Township of East Hanover
Morris County, New Jersey
0
1.75
3.5
Miles
1 inch = 3.5 miles
Pennsylvania
New York
Legend
East Hanover Township
County Boundary
Municipal Boundary
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
5
II. Problems & Objectives Related to the
1994 Reexamination
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
6
II. Problems & Objectives Related to the
1994 Reexamination
This chapter of the 2022 Master Plan & Development Regulations Reexamination (“2022 Reexamination”) report
examines the major problems and objectives outlined in the 1994 Reexamination and 1995 Supplement by
category as outlined in the reports. In 1994, there were several recommended changes, which are detailed
below:
Recommended Changes in Permitted Land Uses
The following zone changes are recommended to both recognize existing land uses and to confirm that the
existing use change is an appropriate use of the property:
1.
Block 99, Lot 7 (part), Lots 5, 6, & 8. Currently, the listed lots include retail stores, an automobile
dealership, and a service station. The property is contiguous to Route 10 and the uses are established.
The uses generally conform to B-2 Zoning requirements. We believe that the B-2 Zone is appropriate.
Accordingly, we recommend that the zone for the referenced properties be changed from I-3 to B-2.
2.
Block 42, Lots 52 and 52.01. These properties are currently located within the B-1 Zone. The existing
development on Lot 52.01 includes condominium warehouses, shops, and uses which are permitted
within the adjoining I-1 Zone but not the B-1 Zone. Lot 52 is the location of the Police Station. The
property in question is bounded by DeForest Avenue and Ridgedale Avenue. The two lots under the
present zoning suggest “spot zoning”. We recommend that the existing use be recognized and that Lot
52.01 properties be rezoned from B-1 to I-1 and Lot 52 be rezoned from B-1 to PB-1.
3.
Block 127, Lot 1.02. This site is the location of the PRP Corp. facility. The site was changed to RAH-3
Zone to provide the opportunity for the development of 40 housing units to help satisfy the Township’s
low and moderate income housing obligation. PRP subsequently withdrew from the plan. Additionally,
it appears that the Township will not need the site in order to satisfy its COAH obligations. Accordingly,
the site should be rezoned back to I-3 to conform with the existing uses and adjacent zone. This
rezoning would require the approval of Superior Court.
4.
Block 99, Lots 10 and 11. These lots in question contain approximately four (4) acres and are located
within the I-3 Zone. The site fronts along Route 10 and includes a bowling alley. We do not believe that
the best use for this tract is industrial. We recommend that the existing use be recognized and that the
tract be rezoned to B-2.
Home Occupations
The following additional permitted use is recommended to permit home occupations. Home occupations as
defined in Section 95-3 shall be permitted in all residential districts in accordance with the following:
1.
The use of the property for the home occupation shall be clearly incidental and subordinance to its use
for residential purposes by its occupants, and not more than an area equivalent to forty percent (40%)
of the gross habitable floor area of the principal dwelling unit structure shall be used in the conduct of
the home occupation.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
7
2.
No person other than members of the household residing on the premises plus one (1) secretary and
one (1) other assistant shall be engaged in the occupation on the premises.
3.
No retail trade and/or wholesale trade shall be permitted where the actual transfer of goods or
merchandise occurs on the premises.
4.
The residential character of the lot and building shall not be changed; no occupational sounds shall be
audible outside the building; and no equipment shall be used which will cause interference with radio
or television reception in neighboring residences.
5.
There shall be no exterior evidence of the home occupation other than one (1) unlighted name plate
identifying the home occupation, not exceeding three (3) square feet in area, either attached or
freestanding and setback at least fifteen feet (15’) from all street rights-of-way and property lines.
6.
The home occupation shall not necessitate the need to park more than two (2) vehicles at any time in
addition to those ordinarily used by the residents of the home. Said vehicles shall be limited to
passenger automobiles and must be parked off-street.
7.
The applicant shall have applied for and received “minor” site plan approval from the Planning Board in
accordance with the applicable requirements of this Ordinance.
Deferred Recommendations
1.
Hanover Village Historic District, in general, is situated along Mt. Pleasant Avenue and Hanover Road
and is one of Morris County’s earliest settlements. This area was settled within the 18th Century. The
structures within this district include the Cook-Halfway House which was a stop for stagecoaches; the
Hanover Presbyterian Church; and the former Hanover Post Office. Various residences also have
historic significance.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
8
The State Review Board for Historic Sites has recommended that the State Historic Preservation Officer
considered the area for inclusion within the New Jersey Register of Historic Places. If included, the area
would be regulated as regards publicly funded projects and building restorations, renovations, etc.
This area is located within the R-20 Zone. Except for the church, the area consists primarily of large
single-family detached dwellings. Mt. Pleasant Avenue and Hanover Road experience large volumes of
traffic.
In order to be consistent with regulations and restrictions, we recommend that any rezoning of this
area be deferred until the area is federally designated as a historic district.
2.
Block 96; Lots 99, 100, 101 and 102
The lots in question contain approximately 20 acres and are located within the PB-1 and PB-2 Zones,
respectively. At present there are three (3) single-family dwellings on the tract.
3.
The “East Hanover Airport” site, which currently is zoned RAH-2, is comprised of approximately 59.7
acres. All but approximately 11.5 acres are located in wetlands and/or flood hazard areas. The site is
located along the northerly part of Ridgedale Avenue across from a commercial facility. If the site is
not needed to satisfy the Township’s low and moderated income housing obligations, the site should
be re-evaluated to determine its most appropriate use. However, rezoning the site would require the
approval of Superior Court.
4.
PB-1 and PB-2 Zone (Maier’s Bakery and Lisanti Foods Site)
The present zoning is PB-1 and PB-2. Permitted uses under the present zoning include:
Single-family dwellings conforming to the regulations for the R-20 Zone.
Office buildings for business, professional, and administrative uses not engaged in retail or
wholesale sale and delivery of goods. Additionally, the uses do not permit the repairing, servicing,
or receiving for repair of service on the premises.
Banks of financial institutions
Municipal facilities.
The intent of the PB-1 and PB-2 Zones was to serve as a transition zone between the residential zones
and industrial zones. There are no residential zones adjacent to the subject tract. Because of its
location, it is unlikely that the site will be developed for residential use. Since this site is the subject of
litigation, no recommendations concerning the appropriate use of this tract are being made within this
report.
Recommended Changes in the Township Land Use and Zoning Ordinance
Section 95-1 Purpose
1.
Delete: “J. to promote the conservation of open space and valuable natural resources and to prevent
urban sprawl and degradation of the environment thru improper use of land.”
2.
Delete: “L. to promote conservation of energy through the use of planning practices designed to
reduce energy consumption and to provide for maximum utilization of renewable energy sources.”
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
9
3.
Add: “J. to promote the conservation of historic sites and districts, open spaces, energy resources and
valuable natural resources in the State and to prevent urban sprawl and degradation of the
environment through improper use of the land.”
4.
Add: “K. to encourage planned unit developments which incorporate the best features of design and
relate the type, design and layout of residential, commercial, industrial, and recreational development
of the particular site.”
5.
Add: “L. to encourage senior citizen community housing construction.”
6.
Add: “N. to promote the utilization of renewable energy sources.”
7.
Add: “to promote the maximum practical recovery and recycling of recyclable materials from municipal
solid waste through the use of planning practices designed to incorporate the State Recycling Plan
goals and to complement municipal recycling programs.”
Comment: The revisions are proposed to conform with the general purposes of the Municipal Land Use Law.
Section 95-3 Definitions
1.
Governing Body: Change “Township Committee” to “Township Council”
2.
Add:
a.
“Lot, Corner – A lot abutting the intersection of two or more streets where the interior angle of
intersection does not exceed 135o. Each corner lot shall have two (2) front yards, one (1) side yard
and one (1) rear yard. The side and rear yard shall be designated at the time an application is
submitted for a construction permit or application for development.”
b.
“Lot Line Front – The line separating the lot from a street.”
c.
“Lot Line Rear – The lot line opposite and most distant from the front lot line.”
d.
“Lot Line Side – Any lot line other than the front or rear lot line. A side lot line separating a lot from
the street is called a “side street lot line”.”
e.
“Lot Line Street or Alley” – The lot line separating the lot from a street or alley.”
f.
“Lot Frontage – The distance between the side lot lines measured along the street line. In the case
of a corner lot, either street line may be considered the lot frontage, provided that it equals or
exceeds the minimum frontage requirements of this ordinance for the land in question. Where a
lot has discontinuous frontage, the minimum lot frontage requirement must be met with the
required length of unbroken frontage.”
g.
“Home Occupation – An occupation conducted in a dwelling unit, subordinate to its residential
use.”
3.
Parking Space: Change to: “An accommodation for the off-street parking of a motor vehicle, which
space shall have an area not less than that prescribed exclusive of access drives or aisles appurtenant
thereto. Parking spaces shall be measured perpendicular to the axis of the length, which adequate
provision for ingress and egress.”
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
10
4.
Sign, Area of: Change to: “The area of a sign as measured from the extreme ends of the message in a
geometric manner when the sign is inscribed upon a building or the outer ends of a structure
incorporating the message when the structure is mounted onto a post or building. For freestanding
signs, the area of the structure, excluding any post or past foundations.”
Section 95-34 Filing Procedures (Subdivision and Site Plan Review)
1.
Add:
F.
“No tract or parcel shall be resubdivided for a period of three (3) years after a subdivision and/or
resubdivision of said tract or parcel has been recorded and filed.”
Section 95-39A.(2)(t) Sidewalk Specifications
1.
Change to:
a.
“Concrete sidewalks of a minimum width of four feet (4’) and a minimum depth of four inches (4”)
except at driveways where the minimum depth shall six inches (6”) shall be constructed and
approved by the Township Engineer.”
Section 95-39B. Site Plans
1.
Add:
A.
(19) Refuse storage areas shall be effectively screened from public view by means of structural
walls, shroud fencing or methods approved by the Township Engineer.
Section 95-39B.(9) Design Standards, Off-Street Parking
1.
Add:
a.
“…except in cases of automobile sales facilities.”
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
11
Section 95-39B.(18) Design Standards, Parking Spaces
1.
Change to:
a.
“In general, parking spaces shall be nine (9) feet wide by nineteen (19) feet long and shall be clearly
marked with painted lines.”
Section 39B.(19) Design Standards, Parking Areas
1.
Delete in its entirety:
a.
“For parking areas in excess of one-hundred (100) spaces, a maximum of thirty percent (30%) of
parking stalls shall be designed as smaller car spaces. Stalls shall be sixteen (16) feet in length and
eight (8) feet in width. Where provided, small cars shall be grouped in rows rather than scattered
throughout parking areas in a random manner. Also, appropriate signs indicating designated
spaces as smaller car spaces shall be provided. The approving authority may consider a reduction
in aisle widths in small car areas from those indicated in Subsection B(11) above.”
Section 95-44B. Zoning Map
1.
Change Zoning Map Amendment date to date of latest revision.
Section 95-46C. General Regulations
1.
Change the entire paragraph to read as follows:
a.
“Off-street Parking and Garage Space – A garage of sufficient size to accommodate a standard-
sized automobile shall be provided for each dwelling unit of a single family or townhouse dwelling
unit except that for occupancy by municipally owned or sponsored senior citizens need not be
provided with garages.
b.
All parking spaces and garage spaces shall be provided with necessary passageways and
driveways.
c.
At least one (1) parking spaces shall be provided for each dwelling unit in all residential zones in
addition to any parking spaces provided or located within any garage or garages.
d.
Except for residential dwelling units in residential zones, no permanent parking facilities shall be
permitted within twenty feet (20’) of any street line in a zone.
e.
All required parking spaces must be on the same lot as the building for which they serve.
f.
No commercially registered vehicle having a load capacity in excess of three thousand (3000)
pounds as determined by manufacturer’s specifications shall be parked outdoors overnight in a
residential zone.”
Section 95-46E. General Regulations
1.
Change this paragraph in its entirety to read as follows:
a.
“Detached accessory buildings shall be located to the rear of the building line of the principal
structure and shall comply with the provisions of the schedule governing their location in each
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
12
zone. The construction of accessory buildings having floor areas in excess of 220 square feet shall
blend with the style and type of the principal structure with specific references as to the style and
type of roof and the general aesthetics of the neighborhood.”
Section 95-46G. General Regulations
1.
Change to:
a.
“The required side yard on the street side of corner lots shall equal the required front yard setback
for the adjacent lot.”
Section 95-47A.(4) Modifications and Exceptions, Outdoor Storage
1.
Change Buffer Strip to read as follows:
a.
“A Buffer Strip of ten (10) feet shall be provided along the side or rear lot lines when the same
adjoins a residential zone.”
2.
Add:
a.
“Outdoor Storage Screening – All Outdoor Storage areas, if permitted, shall be screened from
public view except that the display of new and used motor vehicles where permitted shall not be
required to be screened by any plantings or fence along the street side and may be located within
the required front yard. All storage areas shall be subject to a site plan application, review and
approval of the appropriate municipal board.”
Section 95-47A.(4)(b) Modifications and Exceptions, Outdoor Storage
1.
Change this to read as follows:
a.
“Outdoor Storage as defined in this subsection shall be permitted in the B-2, B-2B, I-1, I-3, and R-L
Zones on the Zoning Map of the Township of East Hanover. Outdoor Storage shall not be
permitted within any zone not specifically permitted.”
Section 95-47A.(4)(b) Modifications and Exceptions, Outdoor Storage
1.
Change this paragraph to read as follows:
a.
“In the I-1 and I-3 zone on the Zoning Map of the Township of East Hanover, Outdoor Storage may
be permitted in the rear and side yards only and shall be limited to a maximum area equivalent to
50% of the building area.”
Section 95-47A.(4)(e) Modifications and Exceptions, Outdoor Storage
1.
Change this paragraph as follows:
a.
“Use of Outdoor Storage areas within the I-1 and I-3 zones on the Zoning Map of the Township of
East Hanover is not restricted solely to the use by the owner, or, if applicable, by the tenants of the
principal structure, but may also be utilized by others with totally unrelated activities as long as
such activities comply with the provisions of this article.”
Section 95-47A.(4)(f) Modifications and Exceptions, Outdoor Storage
1.
Change this paragraph as follows:
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
13
a.
“The use of the Outdoor Storage areas within the B-2 Zone on the Zoning Map of the Township of
East Hanover is not restricted solely to use by the owner or the tenants of the principal structure,
but may also be used by others with totally unrelated activities as long as such activities relate to a
use permitted within the B-2 Zone and are directly related to a use having a principal structure
within the B-2 Zone.”
Section 95-47A.(7) Modifications and Exceptions of Split Zones
1.
Delete this paragraph in its entirety.
Section 95-54C.(1)(b) Business B-1 Zone, Other Provisions and Requirements, Area Requirements
1.
Change this paragraph to read as follows:
a.
“Where a side yard adjoins a residential zone, the side yard shall not be less than the larger of the
two side yards required for the adjoining residential zone. Where a rear yard joins a residential
zone, the rear yard shall not be less than the required rear yard for the adjoining zone.”
Section 95-54D. B-1 Zone Regulations, Hours of Operation
1.
Change this paragraph to read:
a.
No deliveries of goods by vehicles having a load capacity exceeding three thousand (3000) pounds
shall be made to any buildings within the B-1 Zone between the hours of 10:00 pm to 7:30 am,
exclusive.
Section 95-55A.(1)(d)[1] Business B-2 Zone Regulations, Restricted Industrial Uses
1.
Change this paragraph to read as follows:
a.
“Warehouse and distribution facilities, provided that the goods of merchandise being stored is
actually owned by the owner of the building or a bona fide tenant and, additionally, the goods to
be stored shall be owned and used by said owner and tenant.”
Section 95-55A.(1)(d)[4] Business B-2 Zone Regulations, Restricted Industrial Uses
1.
Change “Section 95-56(B)” to “Section 95-56(C)(6)”.
Section 95-55C.(1)(b) Business B-2 Zone
1.
Change this paragraph to read as follows:
a.
“Where the side yard adjoins a residential zone, the side yard shall be note less than the larger of
the two (2) side yards required for the adjoining residential zone. Where a rear yard adjoins a
residential zone, the rear yard shall be not less than the required rear yard for the adjoining
residential zone.”
Section 95-55C.(2) Business B-2 Zone, Off-Street Parking
1.
Change the first two (2) sentences to read as follows:
a.
“Off-street parking. Off-street parking spaces shall be provided on the same lot as the use which
they are intended to serve and shall be located in other than the required front yard area or
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
14
required side yard area on the street side in case of corner lots unless waived by the municipal
board.”
Section 95-55C.(2)(d) Business B-2 Zone Regulations
1.
Add:
a.
For restaurants: One space for each four (4) seats, but in all cases a sufficient number of spaces to
prevent any parking along public rights-of-way or fire lanes and aisles. For restaurants with take-
out service, sufficient additional parking spaces as may be determined by the Municipal Review
Board to accommodate visiting the site.
Section 95-55B.(1) Business B-2 Zone Regulations, Prohibited Uses
1.
Delete in its entirety.
Section 95-59A.(1)(a) Light Industry I-3 Zone Regulations, Permitted Uses
1.
Change this paragraph to read as follows:
a.
“warehouse facilities provided that the goods or merchandise being stored is actually owned by
the owner of the building or a bona fide tenant.”
Section 95-59A.(2) Light Industry I-3 Zone Regulations, Permitted Accessory Uses
1.
Add:
a.
“Offices used in connection with and for the administration of related activities.”
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
15
Section 95-59D.(1)(c) Light Industry I-3 Zone Regulations, Other Provisions and Requirements,
Area Requirements
1.
Change this paragraph to read as follows:
a.
“The frontage along all street lines opposite a residential zone shall be landscaped (except for
access driveways) to provide an effective screen except that neutral vegetative growth shall be
permitted if in the judgement of the municipal board, the same provides effective, aesthetic
screening.”
Section 95-59D.(2) Light Industry I-3 Zone Regulations, Other Provisions and Requirement, Off-
Street Parking
1.
Add the following to the end of this paragraph:
a.
“Where an applicant can demonstrate to the satisfaction of the municipal board that the number
of parking spaces herein is in excess of the needs of the intended use, the municipal board at its
sole option, may permit the construction of fewer parking spaces provided a sufficient area is
designated on the site for the future construction of the difference between the required number
of parking spaces and the spaces permitted by the Board. When fewer parking spaces are
permitted under this provision, any change in use or user shall require review and approval by the
appropriate municipal board.”
Section 95-60A.(1)(a) Light Industry I-1 Zone Regulations, Permitted Uses, Warehouse Facilities
1.
Change this paragraph to read as follows:
a.
“Warehouse facilities, provided that the goods or merchandise being stored is actually owned by
the owner of the parcel or a bona fide tenant, and, additionally, the goods to be stored shall be
owned by said owner or tenant and shall be the subject of planning board site plan review.”
Section 95-65.1 Zone Change Requests
1.
Change this Section to read as follows:
a.
Any developer requesting a zone change shall file with the Director of Land Use such a request and
simultaneously deposit with the Township Clerk an escrow amount for fees as hereinafter set
forth.
b.
The Director of Land Use shall thereupon notify the governing body, in writing, of the zone change
request and, thereupon, forward copies of the request and accompanying maps to the governing
body for its review.
c.
Prior to the hearing on adoption of any amendments to the zoning ordinance, the governing body
shall refer the proposed ordinance or amendment thereto to the Planning Board pursuant to
Subsection C. 40:55D-26a of the Municipal Land Use Law. The Township Clerk shall forward to the
Planning Board copies of the request for the zone change including any maps and related
documents.
d.
Upon receipt of the documents from the governing body set forth in 95-65.1A(3), the Planning
Board shall thereafter review the documents and shall conduct a public hearing. The Planning
Board shall make and transmit to the governing body, within 35 days after referral, a report
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
16
including identification of any provisions in the proposed development regulation, revision or
amendment which are inconsistent with the Master Plan and recommendations concerning these
inconsistencies and any other matters as the Board deems appropriate.
e.
The governing body, when considering the adoption of a development regulation, revision or
amendment thereto, shall review the report of the Planning Board and may disapprove or change
any recommendation by a vote of a majority of its full authorized membership and shall record in
its minutes the reasons for not following such recommendations. Failure of the Planning Board to
transmit its report within the 35-day period provided herein shall relieve the governing body from
the requirements of this subsection in regard to the proposed development regulation, revision or
amendment thereto referred to the Planning Board.
f.
Upon receipt by the governing body of the recommendation of the Planning Board, the governing
body shall schedule a public hearing on the zone change request.
Section 95-65.2 Posting of Signs
1.
Delete in its entirety.
1995 Supplement Recommendations
1.
We recommend that the existing PB-1 and PB-2 (Professional and Business) Zoning be retained.
This was established in the Township of East Hanover Master Plan nearly twenty years ago. The
tract was cited as being in a transition area between the business zones and residential areas. The
purpose of the PB-1 and PB-2 Zones was to provide a desirable balance of sites reserved
specifically for offices, in addition to the large tracts zoned for industrial uses. These zones were
reaffirmed in the 1976 and 1986 Master Plan Re-examinations.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
17
III. Extent That Problems & Objectives
Have Changed Since 1944
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
18
III. Extent That Problems & Objectives Have
Changed Since 1994
This chapter of the report reviews the extent to which problems and objectives have been reduced or increased
since 1994. The issues listed in Chapter II are summarized below, along with a 2022 status evaluation.
Recommended Changes in Permitted Land Uses
The following zone changes were recommended to both recognize existing land uses and to confirm that the
existing use change is an appropriate use of the property:
1.
Block 99, Lot 7 (part), Lots 5, 6, & 8. Change the lots from I-3 to B-2.
Current Status: The current Zoning Map, adopted on October 5, 2020 via Ordinance No. 6-2020,
illustrates the above-mentioned lots in the I-3 Zone.
2.
Block 42, Lots 52 and 52.01. Rezone Lot 52.01 properties from B-1 to I-1 and Lot 52 be rezoned from B-
1 to PB-1.
Current Status: The current Zoning Map illustrates Lots 52 and 52.01 of Block 42 in the B-1 Zone.
3.
Block 127, Lot 1.02. Rezoned the site from RAH-3 to I-3.
Current Status: There is no tax record for a Lot 1.02. However, Lot 1 and 1.01 are in the I-3 Zone.
4.
Block 99, Lots 10 and 11. Rezone from I-3 Zone to B-2.
Current Status: The current Zoning Map illustrates Lots 10 and 11 of Block 99 in the I-3 Zone.
Home Occupations
The following additional permitted use is recommended to permit home occupations. Home occupations as
defined in Section 95-3 shall be permitted in all residential districts in accordance with the following:
1.
The use of the property for the home occupation shall be clearly incidental and subordinate to its use
for residential purposes by its occupants, and not more than an area equivalent to forty percent (40%)
of the gross habitable floor area of the principal dwelling unit structure shall be used in the conduct of
the home occupation.
2.
No person other than members of the household residing on the premises plus one (1) secretary and
one (1) other assistant shall be engaged in the occupation on the premises.
3.
No retail trade and/or wholesale trade shall be permitted where the actual transfer of goods or
merchandise occurs on the premises.
4.
The residential character of the lot and building shall not be changed; no occupational sounds shall be
audible outside the building; and no equipment shall be used which will cause interference with radio
or television reception in neighboring residences.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
19
5.
There shall be no exterior evidence of the home occupation other than one (1) unlighted name plate
identifying the home occupation, not exceeding three (3) square feet in area, either attached or
freestanding and setback at least fifteen feet (15’) from all street rights-of-way and property lines.
6.
The home occupation shall not necessitate the need to park more than two (2) vehicles at any time in
addition to those ordinarily used by the residents of the home. Said vehicles shall be limited to
passenger automobiles and must be parked off-street.
7.
The applicant shall have applied for and received “minor” site plan approval from the Planning Board in
accordance with the applicable requirements of this Ordinance.
Current Status: Home occupation is defined in Section 95-3 but is limited to only members of the immediate
family. The definition does not address parking or minor site plan approval. However, home occupations are
not a permitted use in any zone.
Deferred Recommendations
1.
Hanover Village Historic District. The State Review Board for Historic Sites has recommended that the
State Historic Preservation Officer consider the area for inclusion within the New Jersey Register of
Historic Places. In order to be consistent with regulations and restrictions, we recommend that any
rezoning of this area be deferred until the area is federally designated as a historic district.
Current Status: The Hanover Village Historic District was listed on the New Jersey Register of Historic
Places on July 20, 1993, and the National Register of Historic Places on September 13, 1993.1 According
to the current Zoning Map, the District is still located in the R-20 Zone.
2.
Block 96; Lots 99, 100, 101 and 102. No recommendations made.
Current Status: As no recommendations were made, there is no status to report.
3.
The “East Hanover Airport” site. No recommendations made.
Current Status: As no recommendations were made, there is no status to report.
4.
PB-1 and PB-2 Zone (Maier’s Bakery and Lisanti Foods Site). No recommendations made.
Current Status: As no recommendations were made, there is no status to report.
Recommended Changes in the Township Land Use and Zoning Ordinance
Section 95-1 Purpose
1.
Delete: “J. to promote the conservation of open space and valuable natural resources and to prevent
urban sprawl and degradation of the environment thru improper use of land.”
Current Status: This recommendation has not been implemented.
2.
Delete: “L. to promote conservation of energy through the use of planning practices designed to
reduce energy consumption and to provide for maximum utilization of renewable energy sources.”
1 https://www.state.nj.us/dep/hpo/1identify/nrsr_lists/MORRIS.pdf, page 5, accessed on July 1, 2022.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
20
Current Status: This recommendation has not been implemented.
3.
Add: “J. to promote the conservation of historic sites and districts, open spaces, energy resources and
valuable natural resources in the State and to prevent urban sprawl and degradation of the
environment through improper use of the land.”
Current Status: Since Subsection J has not been removed, this recommendation has not been
implemented.
4.
Add: “K. to encourage planned unit developments which incorporate the best features of design and
relate the type, design and layout of residential, commercial, industrial, and recreational development
of the particular site.”
Current Status: This recommendation has not been implemented.
5.
Add: “L. to encourage senior citizen community housing construction.”
Current Status: Since Subsection L has not been removed, this recommendation has not been
implemented.
6.
Add: “N. to promote the utilization of renewable energy sources.”
Current Status: This recommendation has not been implemented.
7.
Add: “to promote the maximum practical recovery and recycling of recyclable materials from municipal
solid waste through the use of planning practices designed to incorporate the State Recycling Plan
goals and to complement municipal recycling programs.”
Current Status: This recommendation has not been implemented.
Section 95-3 Definitions
1.
Governing Body: Change “Township Committee” to “Township Council”
Current Status: This recommendation has not been implemented.
2.
Add:
a.
“Lot, Corner – A lot abutting the intersection of two or more streets where the interior angle of
intersection does not exceed 135o. Each corner lot shall have two (2) front yards, one (1) side yard
and one (1) rear yard. The side and rear yard shall be designated at the time an application is
submitted for a construction permit or application for development.”
Current Status: This exact recommendation has not been implemented. However, Ordinance No.
19-2018, adopted on December 10, 2018 added the following definition:
CORNER LOT
A lot of land at the junction of and having frontage on two or more intersecting streets when
the interior angle of intersection does not exceed 135˚. A corner lot is also a lot bound on two
or more sides by the same street.
b.
“Lot Line Front – The line separating the lot from a street.”
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
21
Current Status: This recommendation has not been implemented, but the definition of Front Yard
was amended in 2018.
c.
“Lot Line Rear – The lot line opposite and most distant from the front lot line.”
Current Status: This recommendation has not been implemented, but the definition of Rear Yard
was amended in 2018.
d.
“Lot Line Side – Any lot line other than the front or rear lot line. A side lot line separating a lot from
the street is called a “side street lot line”.”
Current Status: This recommendation has not been implemented, but the definition of Side Yard
was amended in 2018.
e.
“Lot Line Street or Alley” – The lot line separating the lot from a street or alley.”
Current Status: This recommendation has not been implemented.
f.
“Lot Frontage – The distance between the side lot lines measured along the street line. In the case
of a corner lot, either street line may be considered the lot frontage, provided that it equals or
exceeds the minimum frontage requirements of this ordinance for the land in question. Where a
lot has discontinuous frontage, the minimum lot frontage requirement must be met with the
required length of unbroken frontage.”
Current Status: This recommendation has not been implemented.
g.
“Home Occupation – An occupation conducted in a dwelling unit, subordinate to its residential
use.”
Current Status: This specific recommendation has not been implemented. However, the following
definition of “Home Occupation” is present in Section 95-3:
HOME OCCUPATION
An accessory use of a service character conducted entirely within a dwelling, provided that no
article is sold or offered for sale except as may be produced only by members of the
immediate family residing on the premises, and which use is clearly incidental to the use of
the dwelling for dwelling purposes and does not change the character thereof and which shall
in no way adversely affect the safe and comfortable enjoyment of property rights of the zone
in which it is located.
3.
Parking Space: Change to: “An accommodation for the off-street parking of a motor vehicle, which
space shall have an area not less than that prescribed exclusive of access drives or aisles appurtenant
thereto. Parking spaces shall be measured perpendicular to the axis of the length, which adequate
provision for ingress and egress.”
Current Status: A modified version of this recommendation has been implemented. The following
definition of “Parking Space” is present in Section 95-3:
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
22
PARKING SPACE
An accommodation for the off-street parking of a motor vehicle, which space shall have an area of
not less than 200 square feet per vehicle exclusive of access drives or aisles appurtenant thereto
and shall be a minimum of 10 feet in width and 20 feet long measured perpendicular to the axis of
the length, with adequate provision for ingress and egress.
4.
Sign, Area of: Change to: “The area of a sign as measured from the extreme ends of the message in a
geometric manner when the sign is inscribed upon a building or the outer ends of a structure
incorporating the message when the structure is mounted onto a post or building. For freestanding
sings, the area of the structure, excluding any post or past foundations.”
Current Status: This exact recommendation has not been implemented. However, Article XI “Signs”,
adopted via Ordinance No. 5-2008 on May 6, 2008 includes the following definition in Section 95-102:
SIGN AREA
The total square foot area of a sign surface, including all parts thereof devoted to the background,
computed by bounding the exterior of the sign structure or surface with a series of straight or
curved lines tangent thereto. The area of a sign painted directly on a wall or awning and signs with
letters attached directly to walls or awnings shall be calculated by constructing an imaginary series
of straight lines or lines formed, bounded or characterized by curves around the outside of all
elements of the sign.
Section 95-34 Filing Procedures (Subdivision and Site Plan Review)
1.
Add:
F.
“No tract or parcel shall be resubdivided for a period of three (3) years after a subdivision and/or
resubdivision of said tract or parcel has been recorded and filed.”
Current Status: This recommendation has not been implemented.
Section 95-39A.(2)(t) Sidewalk Specifications
1.
Change to:
a.
“Concrete sidewalks of a minimum width of four feet (4’) and a minimum depth of four inches (4”)
except at driveways where the minimum depth shall six inches (6”) shall be constructed and
approved by the Township Engineer.”
Current Status: This recommendation has not been implemented.
Section 95-39B. Site Plans
1.
Add:
A.
(19) Refuse storage areas shall be effectively screened from public view by means of structural walls,
shroud fencing or methods approved by the Township Engineer.
Current Status: This recommendation has not been implemented.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
23
Section 95-39B.(9) Design Standards, Off-Street Parking
1.
Add:
a.
“…except in cases of automobile sales facilities.”
Current Status: This recommendation has not been implemented.
Section 95-39B.(18) Design Standards, Parking Spaces
1.
Change to:
a.
“In general, parking spaces shall be nine (9) feet wide by nineteen (19) feet long and shall be clearly
marked with painted lines.”
Current Status: This recommendation has not been implemented.
Section 39B.(19) Design Standards, Parking Areas
1.
Delete in its entirety:
a.
“For parking areas in excess of one-hundred (100) spaces, a maximum of thirty percent (30%) of
parking stalls shall be designed as smaller car spaces. Stalls shall be sixteen (16) feet in length and
eight (8) feet in width. Where provided, small cars shall be grouped in rows rather than scattered
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
24
throughout parking areas in a random manner. Also, appropriate signs indicating designated
spaces as smaller car spaces shall be provided. The approving authority may consider a reduction
in aisle widths in small car areas from those indicated in Subsection B(11) above.”
Current Status: This section was repealed by Ordinance No. 17-2007 on August 13, 2007.
Section 95-44B. Zoning Map
1.
Change Zoning Map Amendment date to date of latest revision.
Current Status: Since the 1994 Reexamination, the Township has amended the Zoning Map multiple
times, most recently on October 5, 2020 via Ordinance No. 6-2020. The text of Section 95-44B has
been amended to reflect the date of the current Zoning Map.
Section 95-46C. General Regulations
1.
Change the entire paragraph to read as follows:
a.
“Off-street Parking and Garage Space – A garage of sufficient size to accommodate a standard-
sized automobile shall be provided for each dwelling unit of a single family or townhouse dwelling
unit except that for occupancy by municipally owned or sponsored senior citizens need not be
provided with garages.
b.
All parking spaces and garage spaces shall be provided with necessary passageways and
driveways.
c.
At least one (1) parking spaces shall be provided for each dwelling unit in all residential zones in
addition to any parking spaces provided or located within any garage or garages.
d.
Except for residential dwelling units in residential zones, no permanent parking facilities shall be
permitted within twenty feet (20’) of any street line in a zone.
e.
All required parking spaces must be on the same lot as the building for which they serve.
f.
No commercially registered vehicle having a load capacity in excess of three thousand (3000)
pounds as determined by manufacturer’s specifications shall be parked outdoors overnight in a
residential zone.”
Current Status: Items b, d, e, and f have been incorporated into the Ordinance. Section 95-46E.2.(c)[2]
was amended to state that no required garage can be eliminated without replacement.
Section 95-46E. General Regulations
1.
Change this paragraph in its entirety to read as follows:
a.
“Detached accessory buildings shall be located to the rear of the building line of the principal
structure and shall comply with the provisions of the schedule governing their location in each
zone. The construction of accessory buildings having floor areas in excess of 220 square feet shall
blend with the style and type of the principal structure with specific references as to the style and
type of roof and the general aesthetics of the neighborhood.”
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
25
Current Status: Since the 1994 Reexamination, Section 95-46E has been amended multiple times,
most recently on August 6, 2018 via Ordinance 9-2018. Currently Section 95-46E provides
requirements for (1) accessory structures, (2)(a) attached private garages, (2)(b) detached private
garages, (2)(c) all garages, (2)(d) driveways, and (3) portable on-demand structures.
Section 95-46G. General Regulations
1.
Change to:
a.
“The required side yard on the street side of corner lots shall equal the required front yard setback
for the adjacent lot.”
Current Status: On April 3, 2018, the Township adopted Ordinance 3-2018, which added a side
yard on a street side setback requirement to certain zones. The following sections were added:
Section 95-48B.(2) “Corner lots. Side yard on a street side of not less than 40 feet.”
Section 95-49B.(2) “Corner lots. Side yard on a street side of not less than 40 feet.”
Section 95-50B.(2) “Corner lots. Side yard on a street side of not less than 40 feet.”
Section 95-51B.(2) “Corner lots. Side yard on a street side of not less than 50 feet.”
Additionally, Ordinance 19-2018 was adopted by the Township on December 10, 2018, which
amended the definition of “Yard, Front” in Section 95-3 to read:
YARD, FRONT
An open, unoccupied space, unless occupied by a use as hereinafter specifically permitted,
extending across the full width of the lot and lying between the street right-of-way line and the
nearest line of any building on the subject lot. The depth of the front yard shall be measured
at right angles to the street line. In the case of a corner lot, the front yard shall be that which
occupies the least amount of street frontage. In the case of through lots, there shall be two
front yards and no rear yard.
The changes made via Ordinances 3-2018 and 19-2018, although not specific to this
recommendation, implemented the main goal of the recommendation into the Ordinance.
Section 95-47A.(4) Modifications and Exceptions, Outdoor Storage
1.
Change Buffer Strip to read as follows:
a.
“A Buffer Strip of ten (10) feet shall be provided along the side or rear lot lines when the same
adjoins a residential zone.”
Current Status: The Township implemented this recommendation, which can be found in Section
95-47A.(4)(a)
BUFFER STRIP
A buffer strip of 10 feet shall be provided wherever adjacent to a residential zone or when the
outdoor storage is within the public view as hereinafter defined.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
26
2.
Add:
a.
“Outdoor Storage Screening – All Outdoor Storage areas, if permitted, shall be screened from
public view except that the display of new and used motor vehicles where permitted shall not be
required to be screened by any plantings or fence along the street side and may be located within
the required front yard. All storage areas shall be subject to a site plan application, review and
approval of the appropriate municipal board.”
Current Status: This recommendation is embodied in part in Section 95-47A(4)(a).
Section 95-47A.(4)(b) Modifications and Exceptions of Outdoor Storage
1.
Change this to read as follows:
a.
“Outdoor Storage as defined in this subsection shall be permitted in the B-2, B-2B, I-1, I-3, and R-L
Zones on the Zoning Map of the Township of East Hanover. Outdoor Storage shall not be
permitted within any zone not specifically permitted.”
Current Status: Section 95-47A.(4)(b) has been amended as follows to address this
recommendation:
Outdoor storage as defined in this subsection shall be permitted in the B-2, I-1, I-3 and R-L
Zones on the Zoning Map of the Township of East Hanover. Outdoor storage shall not be
permitted in a B-1 Zone on the Zoning Map of the Township of East Hanover or when a B-1 use
is permitted in any other zone on the Zoning Map of the Township of East Hanover, nor in any
residential or professional business zone on the Zoning Map of the Township of East Hanover.
Section 95-47A.(4)(b) Modifications and Exceptions of Outdoor Storage
1.
Change this paragraph to read as follows:
a.
“In the I-1 and I-3 zone on the Zoning Map of the Township of East Hanover, Outdoor Storage may
be permitted in the rear and side yards only and shall be limited to a maximum area equivalent to
50% of the building area.”
Current Status: Section 95-47A.(4)(c) has been amended to address this as follows:
In the I-1 and I-3 Zones on the Zoning Map of the Township of East Hanover, outdoor storage
may be permitted in the rear yard and side yard only and shall be limited in area to a
maximum of 50% over and above the buildable area allowed by this article.
Section 95-47A.(4)(e) Modifications and Exceptions, Outdoor Storage
1.
Change this paragraph as follows:
a.
“Use of Outdoor Storage areas within the I-1 and I-3 zones on the Zoning Map of the Township of
East Hanover is not restricted solely to the use by the owner, or, if applicable, by the tenants of the
principal structure, but may also be utilized by others with totally unrelated activities as long as
such activities comply with the provisions of this article.”
Current Status: This recommendation has been completed and Section 95-47A.(4)(e) reads as
follows:
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
27
The use of outdoor storage area within the I-I and I-3 Zones on the Zoning Map of the Township of
East Hanover is not restricted solely to use by the owners or, if applicable, the tenants of the
principal structure, but may also be utilized by others with totally unrelated activities as long as
such activities are permitted in the I-I and I-3 Zones and the provisions of this article are complied
with.
Section 95-47A.(4)(f) Modifications and Exceptions, Outdoor Storage
1.
Change this paragraph as follows:
a.
“The use of the Outdoor Storage areas within the B-2 Zone on the Zoning Map of the Township of
East Hanover is not restricted solely to use by the owner or the tenants of the principal structure,
but may also be used by others with totally unrelated activities as long as such activities relate to a
use permitted within the B-2 Zone and are directly related to a use having a principal structure
within the B-2 Zone.”
Current Status: This recommendation has not been implemented.
Section 95-47A.(7) Modifications and Exceptions, Split Zones
1.
Delete this paragraph in its entirety.
Current Status: This recommendation has not been implemented. It should be noted that Ordinance
No. 10-2005, adopted on June 13, 2005, redesignated Section 95-47A.(7) to Section 95-47A.(8).
Section 95-54C.(1)(b) Business B-1 Zone, Other Provisions and Requirements, Area Requirements
1.
Change this paragraph to read as follows:
a.
“Where a side yard adjoins a residential zone, the side yard shall not be less than the larger of the
two side yards required for the adjoining residential zone. Where a rear yard joins a residential
zone, the rear yard shall not be less than the required rear yard for the adjoining zone.”
Current Status: This recommendation has not been implemented, but should be to clarify the
intent of the Ordinance.
Section 95-54D. B-1 Zone Regulations, Hours of Operation
1.
Change this paragraph to read:
a.
No deliveries of goods by vehicles having a load capacity exceeding three thousand (3000) pounds
shall be made to any buildings within the B-1 Zone between the hours of 10:00 pm to 7:30 am,
exclusive.
Current Status: This recommendation has not been implemented.
Section 95-55A.(1)(d)[1] Business B-2 Zone Regulations, Restricted Industrial Uses
1.
Change this paragraph to read as follows:
a.
“Warehouse and distribution facilities, provided that the goods of merchandise being stored is
actually owned by the owner of the building or a bona fide tenant and, additionally, the goods to
be stored shall be owned and used by said owner and tenant.”
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
28
Current Status: The Township amended this section in 2021 to address the current nature of
warehouse uses. Ordinance 14-2021 amended Section 95-55A.(1)(d)[1] to read as follows:
Automated and nonautomated wholesale, warehouse storage and distribution facilities, and
wholesale distribution centers, provided such activities and inventories are conducted entirely within
an enclosed structure.
Section 95-55A.(1)(d)[4] Business B-2 Zone Regulations, Restricted Industrial Uses
1.
Change “Section 95-56(B)” to “Section 95-56(C)(6)”.
Current Status: This recommendation has not been implemented.
Section 95-55C.(1)(b) Business B-2 Zone
1.
Change this paragraph to read as follows:
a.
“Where the side yard adjoins a residential zone, the side yard shall be note less than the larger of
the two (2) side yards required for the adjoining residential zone. Where a rear yard adjoins a
residential zone, the rear yard shall be not less than the required rear yard for the adjoining
residential zone.”
Current Status: This recommendation has not been implemented but should be to clarify the
intent of the Ordinance.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
29
Section 95-55C.(2) Business B-2 Zone, Off-Street Parking
1.
Change the first two (2) sentences to read as follows:
a.
“Off-street parking. Off-street parking spaces shall be provided on the same lot as the use which
they are intended to serve and shall be located in other than the required front yard area or
required side yard area on the street side in case of corner lots (unless waived by the municipal
board).”
Current Status: The Township has completed this task via Ordinance No. 32-2005, adopted on
November 21, 2005, which removed “unless waived by the municipal board” and included the
following text:
Such parking area shall not be located closer than 50 feet to a residential zone, unless this
requirement is waived by the appropriate municipal board in cases where a buffer strip as
required by such board is provided and maintained. The following standards shall govern the
provisions of such parking space. For uses other than those listed, the number of off-street
parking spaces required is the number of spaces required for the use which most nearly
approximates the proposed use.
Section 95-55C.(2)(d) Business B-2 Zone Regulations
1.
Add:
a.
For restaurants: One space for each four (4) seats, but in all cases a sufficient number of spaces to
prevent any parking along public rights-of-way or fire lanes and aisles. For restaurants with take-
out service, sufficient additional parking spaces as may be determined by the Municipal Review
Board to accommodate visiting the site.
Current Status: Due to the evolution of restaurants and their varied nature, the Township created
four categories of restaurants in 2020. Simultaneously, definitions were provided and the
Ordinance was amended to provide parking regulations for each specific use. Now Section 95-
55C.(2)(d) states “Restaurants, eatery restaurants, and fast-food restaurants. One space for every
two seats/stools, plus one space for every two linear feet of bar or counter space where patrons
may eat/drink while standing.” Additionally, Ordinance No. 9-2020 also added Section 95-
55C.(2)(e), which states “Take-out restaurants. One parking space for every two employees on the
maximum shift, plus 4 spaces.”
Section 95-55B.(1) Business B-2 Zone Regulations, Prohibited Uses
1.
Delete in its entirety.
Current Status: It appears that the Township has not implemented this recommendation. Section 95-
55B.(1) currently states “Same as specified for the Business B-1 Zone in §95-54B.”
Section 95-59A.(1)(a) Light Industry I-3 Zone Regulations, Permitted Uses
1.
Change this paragraph to read as follows:
a.
“Warehouse facilities provided that the goods or merchandise being stored is actually owned by
the owner of the building or a bona fide tenant.”
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
30
Current Status: This task has been completed. The Township adopted Ordinance No. 11-2015 on
November 4, 2015, which implemented the recommended text. However, Section 95-59A.(1)(a)
was further amended via Ordinance No. 14-2021, adopted on December 6, 2021, to state:
Automated and nonautomated wholesale, warehouse storage and distribution facilities, and
wholesale distribution centers, provided such activities and inventories are conducted entirely within
an enclosed structure.
Section 95-59A.(2) Light Industry I-3 Zone Regulations, Permitted Accessory Uses
1.
Add:
a.
“Offices used in connection with and for the administration of related activities.”
Current Status: This recommendation has not been implemented.
Section 95-59D.(1)(c) Light Industry I-3 Zone Regulations, Other Provisions and Requirements,
Area Requirements
1.
Change this paragraph to read as follows:
a.
“The frontage along all street lines opposite a residential zone shall be landscaped (except for
access driveways) to provide an effective screen except that natural vegetative growth shall be
permitted if in the judgement of the municipal board, the same provides effective, aesthetic
screening.”
Current Status: The text currently reads “the 200’ setback required in the schedule shall be
landscaped except for access driveways on all street lines opposite a residential zone”, which
accomplishes the recommendation above.
Section 95-59D.(2) Light Industry I-3 Zone Regulations, Other Provisions and Requirement, Off-
Street Parking
1.
Add the following to the end of this paragraph:
a.
“Where an applicant can demonstrate to the satisfaction of the municipal board that the number of
parking spaces herein is in excess of the needs of the intended use, the municipal board at its sole
option, may permit the construction of fewer parking spaces provided a sufficient area is
designated on the site for the future construction of the difference between the required number
of parking spaces and the spaces permitted by the Board. When fewer parking spaces are
permitted under this provision, any change in use or user shall require review and approval by the
appropriate municipal board.”
Current Status: This recommendation has not been implemented.
Section 95-60A.(1)(a) Light Industry I-1 Zone Regulations, Permitted Uses, Warehouse Facilities
1.
Change this paragraph to read as follows:
a.
“Warehouse facilities, provided that the goods or merchandise being stored is actually owned by
the owner of the parcel or a bona fide tenant, and, additionally, the goods to be stored shall be
owned by said owner or tenant and shall be the subject of planning board site plan review.”
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
31
Current Status: This specific recommendation has not been implemented. However, it should be
noted that Ordinance No. 11-2015 was adopted on November 4, 2015 and amended this section to
state “Warehouse facilities, provided that the goods or merchandise being stored is actually owned
by the owner of the parcel or a bona fide tenant”. This Section was further amended by Ordinance
No. 13-2021, adopted on December 6, 2021, to state:
Automated and nonautomated wholesale, warehouse storage and distribution facilities, and
wholesale distribution centers, provided such activities and inventories are conducted entirely within
an enclosed structure.
Section 95-65.1 Zone Change Requests
Change this Section to read as follows:
a.
Any developer requesting a zone change shall file with the Director of Land Use such a request and
simultaneously deposit with the Township Clerk an escrow amount for fees as hereinafter set
forth.
b.
The Director of Land Use shall thereupon notify the Governing Body, in writing, of the zone change
request and, thereupon, forward copies of the request and accompanying maps to the governing
body for its review.
c.
Prior to the hearing on adoption of any amendments to the zoning ordinance, the governing body
shall refer the proposed ordinance or amendment thereto to the Planning Board pursuant to
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
32
Subsection C. 40:55D-26a of the Municipal Land Use Law. The Township Clerk shall forward to the
Planning Board copies of the request for the zone change including any maps and related
documents.
d.
Upon receipt of the documents from the governing body set forth in 95-365.1A(3), the Planning
Board shall thereafter review the documents and shall conduct a public hearing. The Planning
Board shall make and transmit to the governing body, within 35 days after referral, a report
including identification of any provisions in the proposed development regulation, revision or
amendment which are inconsistent with the Master Plan and recommendations concerning these
inconsistencies and any other matters as the Board deems appropriate.
e.
The governing body, when considering the adoption of a development regulation, revision or
amendment thereto, shall review the report of the Planning Board and may disapprove or change
any recommendation by a vote of a majority of its full authorized membership and shall record in
its minutes the reasons for not following such recommendations. Failure of the Planning board to
transmit its report within the 35-day period provided herein shall relive the governing body from
the requirements of this subsection in regard to the proposed development regulation, revision or
amendment thereto referred to the Planning Board.
f.
Upon receipt by the governing body of the recommendation of the Planning Board, the governing
body shall schedule a public hearing on the zone change request.
Current Status: This recommendation has not been fully implemented. However, it should be noted
that Section 95-65.1A.(1) contains text identical to Item a.
Section 95-65.2 Posting of Signs
1.
Delete in its entirety.
Current Status: The Township adopted Ordinance No. 5-2001 on March 12, 2001, which repealed
Section 95-65.2.
1995 Supplement Recommendations
1.
We recommend that the existing PB-1 and PB-2 (Professional and Business) Zoning be retained.
Current Status: As illustrated in the 2020 Zoning Map, the Township still contains the PB-1 and PB-2
Zones. However, the PB-2 Zone was developed with single-family detached housing and not offices.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
33
IV. Extent of Changes in Policies &
Objectives Forming the Basis of the
1994 Reexamination Report
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
34
IV. Extent of Changes in Policies &
Objectives Forming the Basis of the
1994 Reexamination Report
The third step in the reexamination process, known as Section “c”, reviews 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 and changes in State, County, and municipal policies and objectives. Since the 1994
Reexamination, there have been several changes at the State, County, and Township level that impact the
policies and objectives that form the basis of the Master Plan. The remainder of this Chapter is divided into
four sections: Demographic Changes, State Changes, County Changes, and Township Changes.
Demographic Changes
The following sections illustrate historic trends and the most recent data from the Census Bureau provided in
the 2020 Census and 2016-2020 American Community Survey (“ACS”) estimates.
Population Growth
Historic population information since 1940 is readily available online. The population of the Township of East
Hanover saw enormous growth between 1940 until its peak in 2000. Over 9,800 people came to reside in the
Township over those six decades, including 3,300+ people in the 1960s alone. The 1950s were also an
exceptional period with 2,200+ people becoming residents of the Township. However, since 2000, the
population has slightly declined, first by 236 people between 2000 and 2010 and then by 52 people between
2010 and 2020. The population of the Township currently remains above 11,000 residents based on the 2020
ACS. See the table below for additional details.
The North Jersey Transportation Planning Authority (“NJTPA”), which is the regional planning agency for
northern New Jersey, projects in their “Plan 2050” long range plan that the Township will grow from 11,250
residents in 2015 to 12,668 residents by the year 2050.2 In order for that to occur, East Hanover would need to
2 https://www.njtpa.org/NJTPA/media/Documents/Planning/Plans-Guidance/Planning%20for%202050/draft%20final/E-2050-
Demographic-Forecasts.pdf, accessed July 1, 2022.
Year
Population
Change
Percent
1940
1,579
--
--
1950
2,151
572
36.2%
1960
4,379
2,228
103.6%
1970
7,734
3,355
76.6%
1980
9,319
1,585
20.5%
1990
9,926
607
6.5%
2000
11,393
1,467
14.8%
2010
11,157
-236
-2.1%
2020
11,105
-52
-0.5%
Population Growth
Source: 2010 & 2020 Census table P-1 and https://www.state.nj.us/labor/lpa/census/2kpub/njsdcp3.pdf
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
35
gain 1,418 residents by 2050, which translates to an average of 40.5 new residents annually from 2015.
However, the 2020 ACS reported a population of 11,009; 241 less than what the NJTPA reported in 2015.
Therefore, the Township would need to gain 1,659 residents by 2050, or an average of 63.8 persons per year
between 2020 and 2050.
A population of 12,668 residents in 2050 could be achieved considering the approved residential development
associated with the Township’s court-mandated obligation to provide affordable housing by 2025. The
Township has approved 548 residential units on a portion of the former Mondelez campus at the intersection
of River Road and DeForest Avenue and 265 residential units at 60-72 Eagle Rock Road. Assuming two
occupants per unit these two developments could generate 1,626 new residents, just 33 residents shy of
NJTPA’s projections.
Age Distribution of Population
In 2020, the Township’s population was nearly even regarding younger and older residents. Individuals
younger than 20 comprised 20.8% of the population, while residents 65 years or older comprised 21.1% of the
population. The largest age cohort in 2020 was represented by individuals aged 60 to 64 years with 983
residents, or 8.9% of the population, falling into
this category. This was followed closely by those
aged 55 to 59 years at 955 residents, or 8.7% of
the population, and those aged 20 to 24 years at
897 residents, or 8.1% of the population. It should
be noted that the 2020 median age is 45.2.
Housing Occupancy & Tenure
East Hanover contained an estimated 3,856
housing units in 2020. However, only 3,765 were
occupied while 91 were noted as vacant. Over
95% of the occupied units were owner-occupied,
while the remainder were rented. A majority (50
units) of the vacant housing units were classified
as “other”. The remaining 41 vacant housing units
were either for sale or had been sold but not
occupied. See the table below for additional
details.
Year
Population
Change
Percent
2000
11,393
--
--
2010
11,157
-236
-2.1%
2015
11,250
93
0.8%
2050
12,668
1,418
12.6%
NJTPA Population Projection
Source: 2000 & 2010 Census table DP-1; NJTPA Plan 2050, Appendix E
Age
Total
Percent
Under 5 years
892
8.1%
5 to 9 years
308
2.8%
10 to 14 years
434
3.9%
15 to 19 years
652
5.9%
20 to 24 years
897
8.1%
25 to 29 years
518
4.7%
30 to 34 years
409
3.7%
35 to 39 years
716
6.5%
40 to 44 years
666
6.0%
45 to 49 years
665
6.0%
50 to 54 years
593
5.4%
55 to 59 years
955
8.7%
60 to 64 years
983
8.9%
65 to 69 years
614
5.6%
70 to 74 years
606
5.5%
75 to 79 years
393
3.6%
80 to 84 years
264
2.4%
85 years or more
444
4.0%
Total
11,009
100.0%
Population by Age Cohort
Source: 2020 ACS Table S0101
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
36
Household Size
Of East Hanover’s 3,765 occupied housing units, over 30% (1,133 units) were occupied by two people. Three-
person households comprised 23.4% of occupied housing units, while four-person households comprised
22.9% of occupied households. It should be noted that 28 units were occupied by seven or more people. See
the table below for additional details.
Household Income
The Township’s median household income estimated by the 2020 ACS was greater than the median incomes of
Morris County and New Jersey. However, East Hanover’s median family and per capita incomes were less than
the County’s but more than the State’s. The Township’s median household income was more than $10,000
greater than the County’s and nearly $42,000 greater than the State’s. The County’s median family income was
approximately $4,600 more than the Township’s, while the State’s was over $33,000 less than the Township’s.
The per capita income of East Hanover was over $4,800 less than the County’s but over $44,000 more than the
State’s. The 2020 ACS also reports the poverty rates of individuals and families. While the median family and
per capita incomes of the County were greater than the Township’s, East Hanover’s poverty rates for individuals
were less than Morris County’s. Unsurprisingly, the Township poverty rates are significantly lower than the
State rates. See the table and the chart below for additional details.
Year
Total
Percent
Occupied Total
3,765
97.6%
Owner Occupied
3,587
95.3%
Renter Occupied
178
4.7%
Vacant Total
91
2.4%
For rent
0
0%
Rented, not occupied
0
0%
For sale
9
10%
Sold, not occupied
32
35.2%
Seasonal
0
0%
Other
50
54.9%
Total
3,856
100%
Housing Occupancy
Source: 2020 ACS tables DP04 & B25004
Year
Total
Percent
1-person
560
14.9%
2-person
1,133
30.1%
3-person
880
23.4%
4-person
864
22.9%
5-person
225
6.0%
6-person
75
2.0%
7+ person
28
0.7%
Total
3,765
100%
Household Size
Source: 2020 ACS table B11016
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
37
Land Use
Most of the Township of East Hanover is developed with residential uses according to the New Jersey
Department of Community Affairs (“NJDCA”) 2021 tax data. In 2021, the Township contained 4,355 parcels, over
91% of which were classified as residential with a total value of over $1.45 billion. However, the residential
parcels only represented 57.9% of the Township’s total parcel value. Meanwhile, the Township has 164
commercial parcels, or 3.8% of the total, which contribute over 32% of the Township’s parcel value. The data in
the table below demonstrates the residential character of the Township, which is anticipated to grow with the
approved residential development associated with the Township’s court-mandated obligation to provide
affordable housing.
Income Type
East Hanover
Township
Morris County
New Jersey
Median Household Income
$127,977
$117,298
$85,245
Median Family Income
$138,505
$143,166
$104,804
Per Capita Income
$54,115
$58,981
$44,153
Poverty Status (Percent of People)
1.0%
4.8%
9.7%
Poverty Status (Percent of Families)
0.9%
3.1%
7.0%
Income Characteristics
Source: 2020 ACS table DP03
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
38
Additionally, see the map on page 39 for a visual representation of Township’s land uses in 2022. It should be
noted that the land use data utilized in the map was obtained from the Monmouth County Clerk Open Public
Records System.3 Therefore, the map may not exactly represent the data in the table above, which is sourced
from NJDCA. For example, the table does not include the tax-exempt parcel categories, which are included in
the map – public school property, public property, church and charitable property, cemeteries and graveyards,
and other exempt properties.
State Changes
Since the adoption of the 1994 Reexamination, New Jersey has adopted numerous bills that impact the
Municipal Land Use Law, how meetings are conducted, and how towns tackle affordable housing. The following
sections document the State’s polity and rule changes since 2010.
Complete Streets
The New Jersey Department of Transportation (“NJDOT”) finalized a Complete Streets policy in December of
2009. The policy requires that future roadway improvement projects that are federally or state funded will
include safe accommodations for all users, which includes bicyclists, pedestrians, transit users, and the
mobility-impaired. The purpose of the policy is “to create and implement a Complete Streets Policy in New
Jersey through the planning, design, construction, maintenance, and operation of new and retrofit
transportation facilities within public rights-of-way that are federally, or state funded, including projects
processed or administered through the Department’s Capital Program.” In December of 2012 the NJDOT issued
A Guide to Creating a Complete Street Implementation Plan. This was followed in 2017 by a Complete Streets
Design Guide. The 178-page guide is divided into four chapters and provides guidance on the planning and
design process and a lengthy toolbox for implementing complete streets. The final chapter provides street
typologies. The document provides helpful information and tips for both practitioners and citizens.4
3 https://oprs.co.monmouth.nj.us/oprs/External.aspx?iId=12, accessed July 1, 2022.
4 https://www.state.nj.us/transportation/eng/completestreets/pdf/NJCS_DesignGuide.pdf, accessed July 1, 2022.
Land Use Class
Number of Parcels
Percentage
Total Value
Percentage
Vacant
124
2.8%
$45,596,600
1.8%
Residential
3,973
91.2%
$1,456,093,400
57.9%
Apartment
0
0.0%
$0
0.0%
Farm Homestead
0
0.0%
$0
0.0%
Farmland
0
0.0%
$0
0.0%
Commercial
164
3.8%
$820,642,400
32.6%
Industrial
94
2.2%
$192,928,500
7.7%
Total
4,355
100.0%
$2,515,260,900
100.0%
Land Use (2021)
Source: http://www.nj.gov/dca/divisions/dlgs/resources/property_tax.html
Township of
Fairfield
Township of West Caldwell
Township of Livingston
Borough of
Roseland
Borough of Florham Park
Township of Hanover
Township of
Parsippany-Troy Hills
Township of
Montville
NINA DR
CRES
T
DR
EVELYN PL
SUSSEX LA
LYONS PL
ANDRE
A TER
D
A
NIEL
DR
LEE PL
JANE ST
VALLEY RD
NEWMAN PL
TROY PL
TO
W
ER DR
GRANT AVE
KRISTI DR
AFT
O
N
DR
LENT ST
SELMAR TER
ORA CT
GRANT AVE
L
O
RIE DR
WIL
L
OW
P
L
OAK L
AWN DR
EL
K
TON TER
LOUIS
ST
GOLDB
LAT
T
TER
GROAH RD
D
IXON PL
TUSCA
N
PL
BRACE DR
R
O
BERT DR
KAHL RD
GOLF LA
FLORHAM AVE
EDGEMOUNT RD
SMITHFIEL
D
R
D
FO
R
EST RD
CLEVELAND AVE
P
ARK TER
JOHN ST
WEST ST
RAMADA DR
SCHOENER RD
MAUREEN
R
D
RE
I
NMANN DR
MELANIE LA
CHI
C JON LA
BI
R
CHW
O
OD CT
TRINITY PL
STIMIS LA
B
REN
T
W
OOD DR
LITELL R
D
W
I
LLIA
M
S PK
W
Y
CANDICE WAY
HARVEST AVE
CANFIELD RD
R
IDGE DR
BUNKE
R
RD
WARD PL
NORWOOD RD
HILLSID
E DR
CASEY AVE
GR
EAT MEADOW LA
TILDEN DR
WEAVER DR
IVY L
A
B
E
A
CH
S
T
PENISTON WAY
DARTMOOR RD
ROOSEVELT AVE
B
A
Y
BURY
CT
KNOLLCR
O
FT
TER
YVE
T
TE DR
WILDWO
O
D
AVE
WINDSOR WAY
HOMESTEAD AVE
FAY DR
J
ACLYN
DR
MAPLE AVE
PEACH TREE LA
N
EW MURR
AY RD
CUT
TER DR
PARKSI
D
E R
D
ANITA DR
SC
H
OOL
AVE
O
R
CHARD PL
MITCHELL AVE
COUNTRY CLU
B
LA
R
ONALD
DR
W
A
L
NUT
T
ER
SURR
E
Y LA
G
AIL
D
R
CA
M
B
RID
G
E
RD
PRESTON AVE
PH
Y
L
D
AN
R
D
PET
R
Y
DR
TUTTLE
A
V
E
OXFO
RD DR
GROVE AVE
FOX R
U
N DR
F
L
ORE
N
CE AVE
BEECHWOOD LA
MC
KINLEY AVE
CA
R
OLYN CT
S
I
L
V
E
R
SPRING CT
D
EANNA DR
CALLAHAN ST
W
ILSON
A
V
E W.
FARINELLA DR
S
A
MUEL ST
FAI
R
VIEW DR
LUCIAN
N
A L
A
G
REEN D
R
WIL
S
ON AVE
EBERHARDT
RD
LINCOLN ST
BALSAM AVE
A
L
EXANDRIA DR
T
REMONT
D
R
H
ERITAGE D
R
C
HRISTINE DR
BARN
I
DA DR
TANGLEWOOD
DR
TIFFANY DR
COOLIDGE AVE
KLINGER RD
FAIRWAY AV
E
T
I
M
BE
R HILL D
R
CEDAR ST
D
EFOREST AVE
OVERLOOK AVE
TROY RD
M
URRAY RD
R
IVER RD
HA
N
OVER RD
EAGLE ROCK
AVE
MT PLEASANT AVE
RID
GEDALE AVE
4
609
4
611
4
610
4
632
"¬«
10
§¨¦
280
R:\GIS\GISPROJECTS\Municipal\E-H\EHT\EHT058\220708apb_2022_Land_Use11x17.mxd
2022
LAND USE
1 inch = 2,000 feet
0
1,000
2,000
Feet
±
July 2022
TOWNSHIP
OF
EAST HANOVER
Morris County
New Jersey
This map was developed using NJDOT,
NJGIN, and Morris County GIS digital data
and
MODIV
tax
data.
However,
this
secondary product has not been verified by
any agency and is not state-authorized.
Legend
Municipal Boundary
Land Use
Vacant
Residential
Commercial
Industrial
Common Areas
Public School Property
Public Property
Church and Charitable Property
Cemeteries and Graveyards
Other Exempt Property
Future Inclusionary Residential Development
Right-of-Way, Railroad, or Utility
Not Matched to MODIV
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
40
Most recently (July 2019), NJDOT released a Complete &
Green Streets for All Model Complete Streets Policy & Guide
report. This report indicates that 160 communities have
adopted a complete streets policy via resolution.5 The
document is described as a “one-stop resource for adopting
and implementing Complete Streets policies and practices.”
This document describes green streets as streets that “use
green infrastructure practices installed within the public
right-of-way to manage stormwater while preserving the
primary function of a street as a conduit for vehicles,
pedestrians, bicyclists, and transit riders.”6
Medical Marijuana
On January 18, 2010 Governor Corzine signed into law Senate Bill Number 119 titled “New Jersey
Compassionate Use Medical Marijuana Act”. This law permits the use of medical cannabis for persons with
certain conditions. The law permits entities to operate as alternative treatment centers, which are a dispensary
for the medical cannabis.
Solar and Impervious
On April 22, 2010 Governor Christie signed into law Senate Bill Number 921 titled “An Act concerning solar
panels and impervious surfaces and amending and supplementing various parts of the statutory law.” The law
exempts solar panels from impervious surface or impervious coverage calculations.
Time of Decision
On May 5, 2010 Governor Christie signed into law Senate Bill Number 82, titled “An Act concerning the review
and approval of applications for development and supplementing P.L. 1975, c.291.” This new law repealed the
“time of decision” rule. Previously, municipalities could make zoning changes prior to a formal decision on a
development application. For example, if a property owner filed a development application to build a multi-
family residential building in a zoning district that permitted such uses on the date the application was filed, the
municipality could amend its zoning to prohibit such multi-family use while the application was pending. This
would require the application to either amend its application or seek a use variance. The new law (P.L. 2010, c.
9) requires that those development regulations that are in effect on the date of submission of an application for
development shall govern the review of that application. Any provisions of an ordinance, except those relating
to health and public safety, that are adopted after the date of submission are not applicable to that application.
The law went into effect on May 5, 2011.
It should be noted, however, that what constitutes an “application for development” was recently before the
State Supreme Court in Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Township (233 N.J. 546, 563
(2018), where the Court found that a complete application must be submitted to receive protection under the
development regulations in effect at the time.
5 Ibid, page 2.
6 Ibid., page 5.
The use of cannabis for
medical purposes and
operation of alternative
treatment centers for medical
marijuana become legal in
2010.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
41
New Jersey Energy Master Plan
In 2011 the State of New Jersey published an update to the 2008 Energy Master Plan. The purpose of the
document is to outline the vision for the use, management and development of energy in New Jersey over the
next ten years. The document has five goals:
Drive down the cost of energy for all customers.
Promote a diverse portfolio of new, clean, in-State generation.
Reward energy efficiency and energy conservation and reduce peak demand.
Capitalize on emerging technologies for transportation power production.
Maintain support for the renewable energy portfolio standard of 22.5% energy from renewable sources
by 2021.7
Wind Facilities on Landfills
On December 14, 2011 Governor Christie signed into law Senate Bill Number 2126 titled “An Act concerning
solar energy and wind energy and supplementing P.L.1979, c.111.” This law amended the MLUL to permit a
wind energy generation facility or structure constructed and operated on the site of any landfill or closed
resource extraction operation to be a permitted use within every municipality outside of the Pinelands Area.
Master Plan Reexamination Requirements
On May 4, 2011 Governor Christie signed into law Assembly Bill Number 3272 titled “An Act concerning
municipal land use planning, and amending the Municipal Land Use Law, P.L.1975, c.291.” This law changed the
requirement to provide for a general reexamination of the master plan from every six years to every ten years.
State Development and Redevelopment Plan
The State Strategic Plan is the revision to the 2001 State Development and Redevelopment Plan. The document
sets forth a vision for the future of New Jersey along with strategies to achieve that vision. The State Strategic
Plan was intended to be adopted by the State Planning Commission in November 2012 but was postponed due
to Super Storm Sandy. The Commission is revising the document to incorporate disaster planning goals
considering Super Storm Sandy.
The draft final State Strategic Plan has four overarching
goals along with ten “Garden State Values”. The four goals
are as follows: 8
Targeted Economic Growth – Enhance
opportunities to attract and grow industries of
statewide, regional and international importance.
Effective Regional Planning - Guide and inform
regional planning to enable each region of the
State to experience appropriate growth,
7 https://www.nj.gov/emp/docs/pdf/2011_Final_Energy_Master_Plan.pdf, page 1.
8
https://www5.njit.edu/middlestates/sites/middlestates/files/NJ%20State%20Development%20and%20Redevelopment%20Pl
an%202011.pdf, page 20, accessed July 1, 2022.
The State Strategic Plan has
sat idle since 2012. It is
unclear if or when the State
will finalize and adopt the
document.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
42
preservation and protection based on its assets and desires.
Preservation, Protection and Enhancement of Critical State Resources - Ensure that strategies for
growth include preservation, protection and enhancement of our State's critical natural, agricultural,
scenic, recreation, and historic resources, recognizing their role in economic growth and the quality of
life for New Jersey residents.
Tactical Alignment of Government - Prioritize effective resource allocation, coordination, cooperation
and communication among entities that play a role in meeting the Plan’s mission.
The ten values include: 9
Concentrate Development and Mix Uses - Promote mixed-use development in Priority Growth and
Alternate Investment Areas that is compact, conserves land, offers shopping and services, and provides
culturally enriching experiences within convenient walking distance of home and jobs. Build with
suitable designs and densities that support walking, biking and public transportation.
Prioritize Redevelopment, Infill, and Existing Infrastructure - Strengthen cities, towns and
neighborhoods by prioritizing redevelopment, the reuse and remediation of existing sites and
structures, and construction on infill sites that are compatible with surrounding uses. Upgrade existing
infrastructure where needed, before adding new capacity. Encourage development that incorporates
green design and construction principles and opportunities for clean and renewable energy and
efficiency measures.
Increase Job and Business Opportunities - Provide opportunities for investment near housing,
infrastructure and transportation. Support economic growth by addressing the land use and
infrastructure needs of targeted industries and areas, consistent with these principles.
Create High-Quality, Livable Places - Work with communities to offer an environmentally healthy place
to live, work and recreate. Enhance community character and design, especially in historic areas, by
reusing significant buildings, reinforcing architectural styles, incorporating art, and providing
pedestrian-friendly streetscapes. Improve community plazas, public performance spaces and parks
and connections to waterfront areas.
Provide Transportation Choice and Efficient Mobility of Goods - Maintain and enhance transportation
options that improve access, safety, affordability and air quality for all users: pedestrians, bicyclists,
transit-users, ride-shares and drivers. Improve strategic freight and public transportation
infrastructure that supports sound economic growth. Encourage options for low emission and
alternate fuel vehicles.
Protect Equity - Consider the impact to equity for property owners. Where the goals, objectives and
strategies of this Plan implemented by county and local governments affect the reasonable
development potential of private property or is determined to disproportionately affect the equity of
other citizens, government agencies at all levels should identify feasible remedies, including, for
example, compensation programs, that help mitigate such impacts as appropriate.
9 Ibid, pages 28-30.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
43
Diversify Housing Opportunities- Support construction and rehabilitation of homes that meet the
needs of households of all sizes and income levels, located near jobs, transit and where services are
available.
Provide for Healthy Communities through Environmental Protection and Enhancement - Protect and
restore the environment, sensitive lands, ecosystems and natural resources. Ensure healthy places
through an increase in the quantity and quality of preserved land. Reduce energy use, carbon
emissions, water degradation and other impacts of development.
Protect, Restore and Enhance Agricultural, Recreational and Heritage Lands - Support agriculture and
locally-grown food consumption through protection and preservation of farmland. Protect agricultural
lands, and historic sites and landscapes. Provide accessible neighborhood parks and recreational
systems.
Make Decisions within a Regional Framework - Maintain up-to-date, coordinated local, regional and
State functional plans that reflect these principles and can provide a regional framework for making
decisions about capital investments, programs, regulations and development applications. Gather and
consider public input during planning and implementation.
Wireless Co-Location
On January 17, 2012 Governor Christie signed into law Senate Bill Number 2989 titled “An Act concerning the
collocation of wireless communications equipment and supplementing P.L.1975, c.291.” This law amends the
MLUL to allow for an application for development to collocate wireless equipment to not be subject to site plan
review provided the application meets certain requirements.
Non-Contiguous Cluster Development
On August 7, 2013 Governor Christie signed into law Assembly Bill Number 3761 titled “An Act concerning
municipal land use approval, amending and supplementing P.L. 1975, c.291.” This new law permits
communities to offer alternatives to traditional development, through the use of equitable and effective
planning tools including clustering, transferring development rights, and lot-size averaging in order to
concentrate development in areas where growth can best be accommodated and maximized while preserving
agricultural lands, open space, and historic sites. The new law defines contiguous and non-contiguous
clustering and via non-contiguous clustering allows development on one tract and preservation of another tract
elsewhere in the community.
Local Redevelopment and Housing Law Changes
On September 6, 2013 Governor Christie signed into law Assembly Bill Number 3615 titled “An Act concerning
procedures and powers under the Local Redevelopment and Housing Law and amending P.L.1992, c.79.” This
new law amended Criterion E regarding productivity and adding language to the criterion. The law also
requires the resolution authorizing the Planning Board to undertake the preliminary investigation to state
whether the redevelopment area determination authorizes the use of eminent domain or not. This created a
non-condemnation redevelopment and a condemnation redevelopment area and outlined certain noticing
requirements.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
44
Affordable Housing
On March 10, 2015, the Supreme Court ruled that the New
Jersey Council on Affordable Housing (“COAH”) failed to act
and as a result, the Courts would be assuming jurisdiction
over the Fair Housing Act. The Order divided municipalities
into one of three categories – those that achieved Third
Round Substantive Certification, those that filed or
petitioned COAH and those that had never participated in
the COAH process.
The transitional process created by the Supreme Court
tracked the Fair Housing Act procedures for compliance. In
this regard, the process permitted municipalities to file a Declaratory Judgment Action during a thirty-day
window between June 8 and July 8, 2015 that sought an adjudication as to their fair share. This enabled a
municipality to comply voluntarily with its constitutional obligation to provide a realistic opportunity for the
construction of affordable housing. Consistent with its past history of voluntary compliance, East Hanover was
proactive and filed its Declaratory Judgement Action on July 7, 2015.
On January 18, 2017, the Supreme Court ruled that municipalities are responsible for obligations purportedly
accruing during the so-called “gap period,” the period of time between 1999 and 2015. However, the Court
stated that the gap obligation should be calculated as a never-before calculated component of Present Need
(also referred to as Rehabilitation Obligation), which would serve to capture Gap Period households that were
presently in need of affordable housing as of the date of the Present Need calculation (i.e. that were still income
eligible, were not captured as part of traditional present need, were still living in New Jersey and otherwise
represented a Present affordable housing need). This obligation is commonly referred to as the Gap Need.
See page 55 for a description of East Hanover’s response to the March 2015 decision.
Statement of Strategy
On January 8, 2018 Governor Murphy signed into law Assembly Bill Number 4540 titled “An Act concerning
smart growth, storm resiliency, and environmental sustainability and amending P.L.1975, c.291.” This new law
requires any land use element adopted after the effect date of the new law to include a statement of strategy
concerning:
Smart growth which, in part, shall consider potential locations for the installation of electric vehicle
charging stations,
Storm resiliency with respect to energy supply, flood-prone areas, and environmental infrastructure,
and
Environmental sustainability.
Affordable Housing Foreclosure Revisions
On June 24, 2019 Governor Murphy signed into law Senate Bill Number 362 entitled “An Act concerning
affordability controls on affordable housing and amending P.L.1995, c.244.” This law provides that deed
restrictions on affordable housing units are not extinguished by foreclosure proceedings.
As a result of the 2015 Court
decision, East Hanover
negotiated with Fair Share
Housing Center and agreed to
a Third Round Obligation of
786.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
45
New Jersey Land Bank Law
On July 11, 2019, Governor Murphy signed into law Senate Bill Number 1214. Bill 1214 is known as the New
Jersey Land Bank Law, which will allow New Jersey towns and cities to designate a land bank entity to obtain
vacant, abandoned, and neglected properties for productive reuse purposes. This law provides municipalities
with a tool to revitalize and reuse properties for public benefit. The law provides for accountability to local
communities through the requirement for community advisory boards with mandatory access to certain
information and opportunities for the board to comment on the land bank entity’s decisions. Land bank
entities will further be required to develop and maintain an online, publicly accessible database of current and
former land bank properties. The community advisory board must issue an annual report on the accuracy,
integrity, accessibility, and comprehensiveness of the land bank entity's online database.
Innovation District Designation Program
On August 8, 2019 Governor Murphy signed into law Assembly Bill Number 5111, creating the Innovation
District Designation Program. The program, established within the New Jersey Commission on Science,
Innovation, and Technology, encourages development of innovation districts within New Jersey. Innovation
districts promote the development or redevelopment of an area in a manner that facilities collaboration
between government, higher education institutions, and private enterprises, and are a strategic way to promote
development in science and technology throughout the State. Municipalities may apply individually or jointly
for designation of an area as an innovation district.
Stranded Asset Redevelopment Criterion
On August 9, 2019 Governor Murphy signed into law Assembly Bill Number 1700 titled “An Act concerning the
designation of certain areas as in need of redevelopment and amending P.L.1992, c.79.” The law expands the
eligibility criteria for designating certain areas as being in need of redevelopment. Specifically, the law amends
Criterion B by adding retail, shopping malls, and office parks to the list of discontinued uses.
Temporary Supplemental Zoning Board
On August 9, 2019 Governor Murphy signed into law Senate Bill Number 3212 titled “An Act concerning
municipal zoning boards of adjustment, supplementing P.L.1975, C.291, and amending P.L.2005, c. 133 and
P.L.1991, c.256.” The law allows a municipality to establish a temporary, supplemental zoning board to address
any backlog of applications. A municipality that determines a need for a supplemental zoning board must
adopt an ordinance to establish one.
Electric Charging Stations
On November 6, 2019 Governor Murphy signed into law Senate Bill Number 606 titled “An Act encouraging local
units to plan for electric vehicle charging infrastructure, and amending P.L. 1975, c.291, and P.L. 1992, C.;79.”
The law requires a Land Use Plan Element to illustrate the existing and proposed location of public electric
vehicle charging infrastructure; a Circulation Plan Element to identify existing and proposed locations for public
electric vehicle chagrining infrastructure; a Green Buildings and Environmental Sustainability Plan Element to
consider, encourage, and promote the development of public electric vehicle charging infrastructure in
locations appropriate for their development, including, but not limited to, commercial districts, areas proximate
to public transportation and transit facilities and transportation corridors, and public rest stops. Additionally,
the law amended the requirements of a Master Plan Reexamination Report to add a new section “f” that
contains the recommendations of the planning board concerning locations appropriate for the development of
public electric vehicle infrastructure, including, but not limited to, commercial districts, areas proximate to
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
46
public transportation and transit facilities and transportation corridors, and public rest stops: and
recommended changes, if any, in the local development regulations necessary or appropriate for the
development of public electric vehicle infrastructure.
Long-Term Tax Exemptions
On January 13, 2020, Governor Murphy signed into law Senate Bill Number 538 titled “An Act concerning long-
term tax exemptions on certain low-income housing, amending P.L.1983, c.530, and supplementing P.L.1991,
c.431 (C.40A:20-1 et seq.).” This law allows long-term tax exemption extensions for certain low-income housing.
Previously, a property tax exemption could be granted to an affordable housing project for a maximum of 35
years, or until a loan provided by the new Jersey Housing and Mortgage Finance Agency was fully paid. This
legislation permits a municipal governing body to continue a tax exemption for a State or federally subsidized
housing project beyond the date of the payoff of the existing first mortgage as long as the project remains
subject to certain affordability controls.
Virtual Public Meetings
On March 20, 2020 Governor Murphy signed into law
Assembly Bill Number 3850 titled “An Act concerning the
conduct of public meetings during periods of emergency
and supplementing P.L. 1975, c.231.” This law allows public
meetings, including zoning and planning board meetings, to
be conducted electronically during a public health
emergency.
Affordable Housing Marketing
On July 1, 2020 Governor Murphy signed into law Senate Bill
Number 2527 titled “An Act concerning the online marketing
of affordable housing units and supplementing P.L. 1985,
c.111.” This law requires developers, owners, property
managers, and/or administrative agents to post notices of
available affordable housing on the Housing Resource
Center website at least 60 days prior to conducting a lottery.
Climate Change-Related Hazard Vulnerability
Assessment
On February 4, 2021 Governor Murphy signed into law
Assembly Bill Number 2785 titled “an Act concerning
municipal master plans, amending P.L.1975, c.291, and
supplementing title 13 of the Revised Statues.” This law
requires any land use plan element adopted after the
effective date to include a climate change-related hazard
vulnerability assessment which shall analyze current and
future threats to, and vulnerability of, the municipality
associated with climate change-related natural hazards such
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
47
as increased temperatures, drought, flooding, hurricanes, and sea-level rise.
Adult-Use Recreational Cannabis
On February 22, 2021 Governor Murphy signed into law Assembly Bill Number 21 titled “An Act concerning the
regulation and use of cannabis, and amending and supplementing various parts of the statutory law.” The law
legalizes recreational personal use of cannabis for adults and provides municipalities with 180 days from the
date the law was signed to prohibit or establish zoning provisions regulating the six classes of cannabis –
cultivation, manufacturing, wholesaling, distribution, retail, and delivery. Municipalities that do not act within
the 180-day period will be “locked in” for a five-year period to standards established by the law.
Certain Housing Exempt from Zoning Regulations
On June 30, 2021 Governor Murphy signed into law Senate Bill 1676 titled “An Act concerning hospitals and
supplementing P.L.1971, c.136 (C.26:2H-1 et seq.).” The law allows hospitals to construct housing for individuals
who are homeless or housing insecure and deems such housing as a permitted use in all residential and non-
residential districts of a municipality and exempt the use from local zoning restrictions.
Electric Vehicle Charging Space Requirements
On July 9, 2021 Governor Murphy signed into law Senate Bill 3223 titled “An Act concerning electric vehicles
supply equipment and make-ready parking spaces and amending and supplementing P.L.1975, c.291 (C.40:55D-
1 et seq.).” This law amends the MLUL’s definition of inherently beneficial to include electric vehicle charging
infrastructure. It also amends the law to permit electric vehicle supply equipment as a permitted accessory use
and structure in all zoning districts within a municipality and precludes variances. The law states that an
application for the installation of electric vehicle supply equipment at an existing gas station, retail
establishment, or any other existing building shall not be subject to site plan or other land use board review
provided it does not violate any bulk requirements. Moreover, all applications involving five or more multi-
family units must provide 15% of the parking spaces as “make-ready” spaces and install electric vehicle supply
equipment in at least one-third of the 15% of “make-ready” spaces. There are also requirements for parking
lots containing certain numbers of spaces to provide “make-ready” and/or actual charging equipment. The act
took effect immediately and any development applications filed after July 9, 2021 will be subject to these
requirements.
Prohibition of Appeals to Land Use Decision
On September 24, 2021 Governor Murphy signed into law Assembly Bill Number 4881 titled “An Act concerning
appeals of electric meetings held under the Municipal Land Use Law during the emergency declared in
response to the COVID019 pandemic.” This law does not allow a decision of a municipal agency made at, or
based, in whole or in part, on a meeting held by means of electronic equipment where some or all participants
are not in the same physical location to be appealable on grounds attributable to lack of a physical quorum,
lack of a reasonable opportunity to be heard or otherwise particulate in the meeting, etc.
County Changes
Since the adoption of the 1994 Reexamination, Morris County adopted several planning documents.10 The
following sections summarize the documents and the recommendations made specific to East Hanover.
10 https://www.morriscountynj.gov/Departments/Planning-and-Preservation/Publications#planning, accessed July 1, 2022.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
48
Morris County Master Plan Bicycle and Pedestrian Element
The County adopted its Bicycle and Pedestrian Element on December 3, 1998, which reviewed existing
infrastructure and issues of bicycle and pedestrian travel in the County. This Master Plan Element provides
municipal data sheets containing relevant information on existing bicycle and pedestrian travel, maps
illustrating existing and proposed facilities, design guidelines and standards, funding information, resources for
public outreach, and goals and objectives of the Plan. The following Goals and Objectives are provided in
Chapter 11 of the document:11
Goal #1 – Establish a coordinated bicycle and pedestrian network.
a.
Encourage the completion of gaps in existing sidewalk networks, especially for connections to
major trip attractions such as schools, parks, downtowns, or other shopping service amenities.
b.
Design bicycle and pedestrian facilities, whenever possible, to the AASHTO standards, the Manual
of Uniform Traffic Control Devices (Section Nine guidelines, and NJDOT Bicycle and Pedestrian
Facilities Planning and Design Guidelines.
c.
Encourage bicycle and pedestrian travel to major destinations by establishing efficient links to
minimize travel time.
d.
Integrate the bicycle and pedestrian network with the transit system.
e.
Encourage the expansion of the bicycle and pedestrian system to include additional scenic,
recreational, and commuter routes.
f.
Identify the network through the use of uniform signs.
g.
Promote on-going maintenance for bicycle and pedestrian facilities.
h.
Recommend the inclusion of bicycle storage facilities, such as bicycle racks and lockers, at major
trip destinations.
i.
Recommend safety devices at appropriate locations to minimize conflict between bicyclists,
pedestrians, and motorists.
Goal #2 – Develop planning policies and procedures that encourage opportunities for bicycling and
walking.
a.
Encourage municipalities to examine land use practices to provide opportunities for bicycle and
pedestrian travel.
b.
Encourage municipalities to include specific Master Plan recommendations for bicycle and
pedestrian facilities.
c.
Identify appropriate security measures to deter crime.
d.
Address the requirements of the Americans with Disabilities Act (“ADA”) in the design,
implementation, and maintenance of all facilities.
e.
Encourage municipalities to develop municipal ordinances that specify requirements for bicycle
and pedestrian facilities.
f.
Coordinate the design and construction of routes between local jurisdictions to ensure continuity
of bicycle and pedestrian facilities throughout the region.
11 https://drive.google.com/file/d/0B5hiBO5NWHt5YVJPYkl1dHBSQkE/view?resourcekey=0-0NSD8SbOOHMEN44aNH5_rw,
Chapter 11, pages 187 through 197, accessed September 20, 2022.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
49
Goal #3 – Develop a network of government and private interests that will foster bicycle and
pedestrian facilities.
a.
Coordinate state, county, and municipal capital improvement programs for the development of
bicycle and pedestrian facilities.
b.
Coordinate and assist local efforts to obtain funding for new bicycle and pedestrian facilities.
c.
Encourage local governments to provide adequate funding for maintenance of bicycle and
pedestrian facilities.
d.
Provide municipalities with information on liability issues for bicycle and pedestrian facilities.
Goal #4 – Promote public awareness and acceptance of bicycling and walking as alternative modes of
transportation.
a.
Encourage bicycle use and walking as alternatives to single occupancy automobile trips.
b.
Promote campaigns to heighten public awareness of safety issues.
c.
Encourage school districts, colleges, police departments, health clubs, bicycle shops, and other
organizations to offer bicycle and pedestrian educational programs.
d.
Expand public education and safety programs in the school system for children and their parents.
e.
Promote public education programs on
"rules of the road," helmet use, and proper
street crossing techniques.
f.
Increase public awareness of existing and
future bicycle and pedestrian facilities,
including those at transit stations and park
and ride lots.
Goal #5 – Create safe bicycle and pedestrian
facilities.
a.
Identify and develop safe routes for children
traveling to and from school.
b.
Eliminate hazards such as potholes, road
debris, water accumulation, and low hanging
tree branches.
c.
Support municipal efforts to enforce helmet
laws.
d.
Recommend helmet laws be expanded to
include all ages.
e.
Encourage municipalities to participate in a
pedestrian safety sidewalk program with
tripod signs.
The municipal data sheet for East Hanover is
located on page 105 of the document and
details pertinent demographic and mode to
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
50
work data, existing parks and open space, existing sidewalks, multi-use paths, and shared roadways, and
recommendations for the Township. The data sheet proposes a multi-use path along Klinger Road that
would connect to an existing path leading to the Passaic River and other proposed pedestrian trails in the
Township of Parsippany-Try Hills. Additionally, Patriot’s Path is proposed to be extended through the
Township to the Morris County border. A bicycle lane is recommended along Ridgedale Avenue. The map
on page 102 of the document illustrates the following proposed pedestrian and bicycle facilities:
A multi-use trail from the east end of Harvest Avenue to the end of Willow Place.
A walking trail from the northwest end of Klinger Road to Troy Meadow Road.
A walking trail from the east end of Harvest Avenue to Gail Drive and nearby open space.
A walking trail along the Whippany River beginning on the south side of Troy Road.
A bike lane along Ridgedale Avenue beginning at Deforest Avenue south to the municipal border.
State of the County Report
The Morris County Planning Board prepared a State of the County Report in 201312 to provide the County
Planning Board, municipal planning boards, businesses, non-profit organizations, and other entities with a
comprehensive document that summarizes various existing planning conditions and trends. The document
includes nine chapters with information including population, housing, households, land use and development
regulations, water supply and wastewater treatment, circulation, open space and farmland preservation, and
other topics. The report does not make any recommendations that would affect land development in East
Hanover.
Comprehensive Farmland Preservation Plan
The Morris County Agriculture Development Board adopted its Comprehensive Farmland Preservation Plan on
July 17, 2008.13 The Plan’s purpose is to “guide Morris County’s efforts in preserving its remaining agriculture
lands.” Topics discussed within the Plan include the existing agricultural land base, existing agricultural
industry, land use planning, the County’s farmland preservation plan, funding, current preserved land, and
natural resources. However, since there are no active farms in East Hanover, this document does not provide
any recommendations that would affect land development in the Township.
Morris County Master Plan Circulation Element
The Morris County Department of Public Works adopted its Circulation Element on October 18, 2018, which
discusses circulation planning context and background, demographics, the existing transportation network, and
trends in transportation infrastructure, development, and technology. The document also provides goals,
objectives, and strategies for transportation planning. The goals and objectives of the Circulation Element are
as follows:14
Goal 1 – Improve the safety, accessibility, and efficiency of Morris County’s transportation network.
-
Reduce congestion and improve safety on County roads.
-
Support the expansion and enhancement of public transit.
12 https://www.morriscountynj.gov/files/sharedassets/public/departments/planning-amp-preservation/sofc.pdf, accessed
September 20, 2022.
13 https://www.morriscountynj.gov/Departments/County-Agriculture-Development-Board/Comprehensive-Farmland-
Preservation-Plan, accessed July 1, 2022.
14 https://drive.google.com/file/d/0B5hiBO5NWHt5cC1PZThQbGJJMW8/view?resourcekey=0-lf-8GBBjQciza0zop4F3AQ, page 1-
3, accessed September 20, 2022.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
51
-
Provide for the special transportation needs of low-income workers, senior citizens, and people
with disabilities.
-
Support bicycle and pedestrian network improvements.
-
Improve air quality and protect environmental resources.
Goal 2 – Conduct a coordinated, comprehensive, and cooperative transportation planning process.
-
Coordinate transportation planning with Federal, State, regional, and local agencies.
-
Continue to advance the County’s interest at the regional and State level.
-
Incorporate the needs of businesses, employees, residents, and others in transportation planning.
-
Encourage the use of context sensitive roadway design.
-
Support integration of land use and transportation planning.
Goal 3 – Support economic development through diverse transportation investment.
-
Maintain and invest in the County’s transportation infrastructure.
-
Support efficient goods movement in the region.
-
Advance transportation planning efforts that support economic development.
-
Advocate for stable transportation funding sources.
-
Integrate emerging transportation technologies into planning and infrastructure.
The Circulation Element also includes 37 strategies to advance these goals and objectives. The remainder of
the Plan provides general transportation information throughout the County where East Hanover is mentioned.
However, the document does not provide specific recommendations for roads within the Township.
Morris County Master Plan Land Use Element
Most recently, the Morris County Planning Board adopted its Land Use Element on December 3, 2020. The
document provides general information regarding demographics, housing, existing land use, and trends in land
use. The Land Use Element discusses these topics in a general manner, calling out specific municipalities on
occasion. East Hanover is not discussed specifically, however, on page 3-1, the document indicates East
Hanover was identified as a growth center in the 1975 Future Land Use Plan prepared by the County. Chapter 5
provides goals, objectives, and recommendations regarding land use in Morris County. The guiding principle of
the County is:
Promote, enhance and preserve the natural resources, community assets, and the rich culture and history of
the County, while actively promoting a thriving, robust economy, diverse housing opportunities and a strong
infrastructure to protect and enrich Morris County’s overall quality of life.
The document provides six goals, and 17 policy objectives as follows:15
Goals
1.
The creation of balanced and diverse economic housing opportunities.
2.
The efficient use of land and resources.
3.
The protection of natural, historic, agricultural, and scenic resources.
4.
Development that proceeds only after careful analysis of environmental conditions.
15 https://drive.google.com/file/d/1WUTRneT1pfZa9CAOTyTGtzHIHTdwB_8_/view, pages 5-1 through 5-3, accessed September
20, 2022.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
52
5.
Greater integration of land use and transportation.
6.
The achievement of community planning goals and objectives and increased cooperation between
municipalities in their respective land use decisions.
Policy Objectives
1.
Promote the continued revitalization and redevelopment of the County’s established downtown
centers and commercial corridors.
2.
Encourage compact development patterns, cluster development, and infill development, consistent
with local goals, to reduce sprawl, mitigate environmental impacts, and to make improved utility and
transportation infrastructure feasible and economical.
3.
Minimize Greenfield development where possible; prioritize redevelopment of Brownfield sites,
Greyfield sites, obsolete land uses, and other previously developed sites.
4.
Promote the revitalization of suburban town centers as multi-modal, mixed-use centers of diverse
commercial and housing opportunities.
5.
Support the creation of a diverse and robust economy, including a variety of economic uses and
employment opportunities.
6.
Support the creation of diverse housing types that meet the needs of all age groups, income levels and
lifestyles.
7.
Encourage higher density and mixed-use developments in downtown areas, near public transit,
consistent with infrastructure availability and community goals.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
53
8.
Promote careful environmental analysis and the avoidance of environmental resources in all
development proposals. Advance development in a manner that avoids these resources and mitigates
potential environmental impacts.
9.
Support the integration of a variety of open space/greenway, park and recreation opportunities
throughout Morris County, particularly in proximity to population concentrations, mixed-use areas,
and major employment centers; support municipal efforts to expand and/or improve these
opportunities.
10. Promote use of more advanced wastewater treatment infrastructure in non-sewered areas of
concentrated development where existing septic systems are failing, especially where these conditions
negatively affect nearby water bodies and/or groundwater supplies.
11. Support local planning efforts that focus growth near existing and planned transit facilities that
expands the use of public transit, increases service along existing lines, and that provides multi-modal
transportation opportunities between various land uses and communities.
12. Maintain and improve the County’s roads, stormwater, and other infrastructure systems to promote
sustainable economic and residential development, protect environmental resources and mitigate the
negative impacts of extreme weather events (e.g., reduce flooding).
13. Encourage municipalities to invest in robust comprehensive planning, review of zoning, and land
development ordinances to ensure timely consideration of changing land use conditions, emerging
land use/market trends, evolving zoning techniques, and development standards.
14. Encourage municipal governments to coordinate the planning and redevelopment of commercial
corridors, particularly as concerns inter-municipal traffic impacts and to consider the compatibility of
adjacent land uses along municipal boundaries in their land use planning. Facilitate inter-municipal
communication, coordination and partnerships concerning significant land use issues and associated
inter-municipal impacts, including, but not limited to traffic, stormwater, and incompatible land uses.
15. Support municipal efforts to provide adequate local community facilities and municipal services that
keep pace with the needs of new growth and that supports local land use goals and objectives. This
includes, but is not limited to, the use of cooperative agreements and shared services where
appropriate.
16. Encourage municipalities to plan, zone, and permit compatible land uses adjacent to or affecting
County properties, facilities, and infrastructure in order to mitigate any negative impacts of
development on these County assets.
17. Encourage state lawmakers to examine potential changes to the property tax system, in particular, as
pertains to the funding for public schools. Under the existing system, fiscal considerations constrain
the ability of local planning boards and governing bodies to consider certain land use, intensity and
density options, commercial and housing opportunities during the planning process. Establishment of
a more equitable tax system would free local governments to consider a wider range of land use
options.
Municipal Changes
Since the adoption of the 1994 Reexamination, East Hanover has adopted four master plan documents and
modified its Zoning Ordinance. These changes are noted in the following sections. Additionally, a status on
stormwater management is provided.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
54
2010 Open Space and Recreation Plan Update
In 2010, the Township, with assistance from The Land Conservancy of New Jersey, prepared the 2010 Open
Space and Recreation Plan Update.16 The document includes goals, a discussion of the history of the
Township’s open space program, an inventory of existing open space within the Township, an open space and
recreation needs analysis, priorities and recommendations, and an action plan. The following goals are
provided on pages 3 and 4 of the document:
Recreational Opportunities
Acquire and preserve land for expansion of existing parks and recreational facilities to meet the
Township’s need for both active (facility-based) and resource-based recreation.
Maintain and improve existing and future recreation facilities to ensure good repair and functionality
for residents.
Continue to work with Morris County Park Commission to further expand Patriots’ Path in East
Hanover Township; connect Patriot’s Path to existing parks through a system of green corridors and
linkages.
Create a system of walkways and bikeways to allow connections between parks and residential
neighborhoods.
Establish an integrated greenway system to connect local neighborhoods to their parks, natural areas,
and schools.
Create a linear, multi-use path system in the center of the Township along the Morristown and Erie
railroad right-of-way should the railroad line be abandoned.
Water Resources
Preserve the floodway and floodplain of the Passaic, Rockaway, and Whippany Rivers and their
tributaries to control floodwaters and protect residents against severe flooding events.
Protection of the Rivers and their tributaries for wildlife and habitat protection, preservation of
environmentally sensitive watershed lands, and creation of resource-based recreation opportunities
along the river corridors.
Protect the Buried Valley Aquifer groundwater recharge areas to ensure a continued supply of water
for Township residents.
Open Space Resources
Preserve open spaces to maintain community character, quality of life, and protect natural resources.
Identify and preserve land in environmentally sensitive areas including stream corridors, wetlands, and
threatened and endangered species habitat.
Historic Preservation
Preserve historically significant areas and structures in the community.
2019 Master Plan Amendment
On July 31, 2019, the Township Land Use Planning Board adopted the 2019 Master Plan Amendment (“2019
Amendment”), which amended the 2005 Master Plan. The purpose of the 2019 Amendment was specific to
16 https://www.easthanovertownship.com/_Content/pdf/master-plans/OpenSpaceRecPlan2010.pdf, accessed July 1, 2022.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
55
establishing a framework to guide the rezoning of Block 42, Lots 37, 38, and 41 (a portion of the former
Mondelez campus). This document was prepared in response to the Township’s Settlement Agreement with
Fair Share Housing Center (“FSHC”), which permitted the construction of a 548-unit inclusionary multi-family
housing development on the tract. The 2019 Amendment recommended an ordinance be adopted rezoning
the property permitting multi-family inclusionary housing development.
2019 & 2020 Housing Element and Fair Share Plan
In response to the March 10, 2015 Supreme Court decision to strip the Council on Affordable Housing of all its
powers and duties, East Hanover filed a Declaratory Judgment Action on July 7, 2015. Between 2015 and 2019,
the Township negotiated with Fair Share Housing Center and reached a settlement in on June 3, 2019. As
outlined in the Settlement Agreement, East Hanover has a three-part obligation as follows:
Rehabilitation – 18
Prior Round Obligation – 262
Third Round Obligation – 786 (138-unit Realistic Development Potential)
The Township agreed to:
Create a new zone on Lots 47.02 and 50 in Block 96 to permit a multi-faceted site containing assisted
living units, independent living units, a group home, senior housing, veteran housing, and/or supportive
housing, that would produce at least 55 affordable credits.
Create a new zone on Lots 37, 38, and 41 of Block 42, which will permit a maximum of 548 units at a
density of 7.4 units per acre with a 17.5% affordable housing set-aside, which equates to 96 affordable
units.
Create a new overlay zone on Lots 53, 53.01, 54, and 54.01 of Block 1.01, which will permit multi-family
residential development a maximum density of 10 units per acre with a 20% affordable housing set-
aside.
Create a new overlay zone on Lot 1.01 of Block 127, which will permit multi-family residential
development at a maximum density of 15 units per acre with a 20% affordable housing set-aside.
Amend the B-1 Zone along Ridgedale Avenue to conditionally permit residential development above
commercial uses on lots of at least 30,000 square feet at a maximum density of 15 units per acre.
Amend the B-1 and B-2 Zones along Eagle Rock Avenue to conditionally permit residential development
above commercial uses on lots of at least 30,000 square feet at a maximum density of 15 units per acre.
Adopt an Ordinance requiring a mandatory affordable housing set-aside for all new residential
development of five or more units that occur as a result of a site plan or subdivision approval, use or
density variance, new rehabilitation or redevelopment plan. The set-aside will be a minimum of 20%
regardless of tenure.
East Hanover’s 2019 Housing Element & Fair Share Plan (“2019 HEFSP”) was adopted by the Land Use Planning
Board on November 26, 2019 and endorsed by the Township Council on December 12, 2019. Following the
adoption of the 2019 HEFSP it was discovered that one of the affordable units at Hanover Park was stripped of
its affordability controls on or about 2001. This meant that the unit was not creditworthy and the second credit
the Township was claiming for the extension of controls that occurred in 2014 was also not creditworthy.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
56
Therefore, the Nike site mechanism on Block 96 was increased from 53 credits to 55 credits to make up for the
two-unit shortfall. This generated the need to update the fair share plan and the Planning Board adopted the
2020 Housing Element and Fair Share Plan on May 26, 2020, which was endorsed by the Township Council on
June 1, 2020.
Zoning Ordinances
Since the last Master Plan Reexamination Report was prepared in 1994, the Township has adopted numerous
Ordinances amending and refining its zoning regulations. Preparing a list of all adopted ordinances over this
28-year period would be lengthy and time consuming. Additionally, the Township’s Ordinance has been
codified on the eCode360 website.17 In order to highlight the most important and recent changes to the
Township’s Land Use and Zoning Ordinance, the list below details the new zones established since January 1,
2019:
Ordinance No. 11-2019, adopted on August 5, 2019 – This Ordinance established the RMF, Residential
Multi-Family, Zone on Block 42, Lots 37, 38, and 41, a portion of the former Mondelez campus.
Ordinance No. 16-2019, adopted on December 12, 2019 – This Ordinance added Section 95-54E.(2),
which allows multi-family mixed-use development along Ridgedale Avenue and Eagle Rock Avenue in
the B-1 Zone. Additionally, this Ordinance added Section 95-55D., which conditionally permits multi-
family mixed-use development along Eagle Rock Avenue in the B-2 Zone.
Ordinance No. 19-2019, adopted on December 12, 2019 – This Ordinance established the RMF-2,
Residential Multi-Family-2, Overlay Zone on Block 1.01, Lots 53, 53.01, 54, and 54.01 along Eagle Rock
Avenue. Additionally, the RMF-3, Residential Multi-Family-3, Overlay Zone on Block 127, Lot 1.01 was
created by this Ordinance.
Ordinance No. 4-2020, adopted on July 6, 2020 – This Ordinance established the RMF-2, Residential
Multi-Family-2, Zone on Block 96, Lots 47.02 and 50 along Nike Drive.
It should be noted that each of the four Ordinances detailed above were established to address the Township’s
Constitutional obligation to provide for the development of affordable housing.
Stormwater Management
Adopted in 2005, the New Jersey’s Stormwater Management Program, comprised of two separate Rules (N.J.A.C.
7:8 (Municipal Stormwater Regulations) and 7:14A (New Jersey Pollutant Discharge Elimination System (NJPDES)
Rules), which establishes a framework for addressing water quality impacts associated with existing and future
stormwater discharges. As required by the NJAC 7:8-4.1, the Township of East Hanover has developed a
Municipal Stormwater Management Plan. Adopted in October 2021, the Township updated its stormwater
control ordinance as required by the NJPDES Tier A permit. Furthermore, Board applications are reviewed on an
on-going basis to comply with State requirements and obtain the requisite permits. This report makes no
recommendations related to stormwater management and defers to the Township Engineer for compliance
with the State regulations.
17 Township of East Hanover, Chapter 95 “Land Use and Zoning”, https://ecode360.com/13435455, accessed September 20,
2022.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
57
V. Changes Recommended for the Master
Plan or Development Regulations
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
58
V. Changes Recommended for the Master
Plan or Development Regulations
This chapter of the 2022 Reexamination looks at specific changes that are recommended for the Master Plan
and existing development standards, including the underlying objectives, policies, and standards. This chapter
is divided into five sections. The first provides amended goals and objectives to guide the Master Plan. The
second section makes recommendations regarding future master plan elements that should be drafted and
adopted. Section three reviews Chapter 95 Land Use and Zoning and makes recommendations for changes
and amendments. The fourth section reviews and makes recommendations for how the Township should
handle recent technologies and land uses. The final section reviews the year-end Land Use Planning Board
reports from 2010 to 2021.
Goals and Objectives
This section is divided into two parts – current goals/objectives and proposed goals/objectives.
Current Goals and Objectives
The Township’s current goals can be found in the 2005 Master Plan. The document provides 13 goals, which
are as follows:
1.
Provide a healthy balance of land uses that preserves the residential character of the neighborhoods
while providing convenient commercial and retail opportunities to acquire goods, services, and
employment.
2.
Provide for attractive and easily accessible commercial uses and districts that will support quality
business enterprises and contribute to the Township’s economic base.
3.
Maintain a balanced stock of quality housing that accommodates diverse age groups in appropriate
locations.
4.
Ensure that community facilities and services are maintained at levels that will support the current and
future populations of the Township.
5.
Ensure that infrastructure systems are maintained at levels that will support the current and future
populations of the Township by basing growth and development decisions on the existing and planned
capacity of both natural and built systems.
6.
Maximize circulation and mobility options for local and regional trips.
7.
Create a well-designed village center to serve as the Township’s civic core.
8.
Preserve the Township’s natural resources to protect water quality, manage stormwater, reduce the
potential for flood damage, protect endangered habitats, and provide open space.
9.
Create a comprehensive recreation system that provides indoor and outdoor, active and passive
recreation opportunities for all age groups and ability levels.
10. Create a comprehensive open space system that preserves sensitive lands, creates connected
greenways and blueways, and provides environmental education opportunities.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
59
11. Promote aesthetically pleasing human scale development that recognizes the character of traditional
New Jersey suburban towns.
12. Maintain a balanced tax base that is not over-reliant on a specific industry or use group.
13. Ensure that all development regulations reflect and implement the goals and objectives of the master
plan.
The 2005 Master Plan also includes several objectives, which are sorted into categories including land use,
circulation, utilities, community facilities, and economic. The existing objectives are as follows:
Land Use
Create land use districts and standards that are clear and concise and leave no doubt as to the
intended location and intensity of the land use.
Retrofit existing strip-type development along the Route 10 corridor into concentrated, mixed-use
alternatives.
Identify appropriate locations and specific design standards for multi-unit housing.
Identify appropriate locations and specific design standards for senior citizen housing.
Identify boundaries and establish design standards specific to the Village Center.
Preserve the floodway and floodplain of the Passaic, Rockaway, and Whippany Rivers and their
tributaries to control floodwaters.
Encourage traditional neighborhood elements such as sidewalks, alleys, front porches, public spaces,
green spaces, street grids, and street trees. Encourage mixed uses that support pedestrian activity,
human interaction, public safety, mass transit, and easy access to goods and services.
Encourage commercial development and retrofitting that emphasizes quality architecture, shared
access and parking, transit friendly facilities, pedestrian circulation, appropriate intensification of
buildings, and extensive landscaping; and which avoids oversized parking areas, light pollution,
multiple and uncontrolled highway access points.
Circulation
Provide connections between residential areas, commercial nodes, and community facilities through
an attractive, free flowing circulation system.
Wherever possible and appropriate, link the residential street grids to ensure connectivity within and
between neighborhoods.
Provide opportunities for residents, business owners, employees, and shoppers to access multiple
modes of transportation including public transportation, bikeways, and pedestrian ways.
Improve the level of service along the Route 10 corridor through the implementation of creative
engineering, land use and design techniques.
Improve the function of problem intersections.
Utilize traffic calming measures in areas of high pedestrian activity.
Create a multi-use trail system that links neighborhoods, community facilities, parks, and open space.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
60
Utilities
Ensure that all development and redevelopment projects contribute their pro-rata share of the cost of
providing reasonable and necessary off-tract water, sewerage, and drainage facilities.
Minimize the amount of potable water purchased from outside purveyors.
Community Facilities
Upgrade the municipal building through expansion or relocation.
Expand active recreational opportunities in the Township through the creation of new park facilities
either at existing Township parks, park/school sites or through the creation of new parks and facilities.
Connect the existing park system and Patriot’s Path through a system of green corridors and linkages.
Continue open space acquisition efforts with funding shared among East Hanover Township, Morris
County, the State and federal governments, and non-profit groups.
Coordinate planning efforts with the Board of Education to ensure the most efficient placement and
use of all Township and Educational facilities.
Develop gateways to the Township at strategic locations to foster community identification and
establish a visual sense of the community’s character.
Economic
Identify opportunities for land assembly and redevelopment projects.
Replace outdated small-scale strip developments with modern structures that better reflect market
needs.
Establish a Special Improvement District.
Identify and promote services and facilities that are necessary to support existing and future corporate
enterprises.
Provide transportation systems to efficiently move employees, customers, and goods to and from
business sites.
Provide the necessary infrastructure to support business development.
Encourage cooperative programs between the High School and Community College and local
businesses.
Proposed Goals and Objectives
The Township has reviewed the existing goals and objectives of the 2005 Master Plan and found that many of
the existing goals are still relevant and applicable to the Township. Additionally, several of the existing
objectives remain pertinent and provide greater context to the goals. The proposed goals and objectives have
been reorganized to group each objective under the most relevant goal. It should be noted that goals are
numbered, while objectives are lettered.
1.
Provide a healthy balance of land uses that preserves the residential character of the neighborhoods
while providing convenient commercial and retail opportunities to acquire goods, services, and
employment.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
61
a.
Create land use districts and standards that are clear and concise and leave no doubt as to the
intended location and intensity of the land use.
b.
Encourage traditional neighborhood elements such as sidewalks, alleys, front porches, public
spaces, green spaces, street grids, and street trees. Encourage mixed uses that support
pedestrian activity, human interaction, public safety, mass transit, and easy access to goods and
services.
c.
Consider amending the ordinances to require and/or encourage the installation of sidewalks when
other home improvements are occurring.
d.
Identify opportunities for land assembly and redevelopment projects.
2.
Provide for attractive and easily accessible commercial uses and districts that will support quality
business enterprises and contribute to the Township’s economic base.
a.
Encourage commercial development and retrofitting that emphasizes quality architecture, shared
access and parking, transit friendly facilities, pedestrian circulation, appropriate intensification of
buildings, and extensive landscaping; and which avoids oversized parking areas, light pollution,
multiple and uncontrolled highway access points.
b.
Replace outdated small-scale strip developments with modern structures that better reflect
market needs.
3.
Strengthen the Route 10 corridor by encouraging a mixture of non-residential uses that provide
employment, retail opportunities, services, and entertainment.
a.
Retrofit existing strip-type development along the Route 10 corridor into concentrated, mixed-use
alternatives.
b.
Encourage reuse of vacant properties and buildings.
c.
Identify zoning ordinance amendments that can respond to changing economies and market
demands.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
62
4.
Preserve the scale and character of the Township’s established single-family neighborhoods.
a.
Prohibit the conversion of single-family homes into two-family homes or other types of multi-
family housing.
b.
Preclude subdivisions of residential land into lots that are less than 85% of the required lot size.
c.
Prevent non-residential uses from locating within residential neighborhoods.
5.
Maintain a balanced stock of quality housing that accommodates diverse age groups in appropriate
locations.
a.
Locate high density and multi-family residential development in areas with convenient access to
Route 10 and/or public transit.
b.
Provide opportunities for age-restricted housing to allow residents to age within the Township.
6.
Ensure that community facilities and services are maintained at levels that will support the current and
future populations of the Township.
a.
Evaluate community facilities against population projections and approved Board applications to
plan for future population increases.
7.
Ensure that infrastructure systems are maintained at levels that will support the current and future
populations of the Township by basing growth and development decisions on the existing and planned
capacity of both natural and built systems.
a.
Ensure that all development and redevelopment projects contribute their pro-rata share of the
cost of providing necessary off-tract street and intersection improvements.
b.
Conduct a sidewalk audit to identify locations where sidewalks are absent or where improvements
may be needed.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
63
c.
Provide the necessary infrastructure to support business development.
d.
Ensure that all development and redevelopment projects contribute their pro-rata share of the
cost of providing reasonable and necessary off-tract water, sewerage, and drainage facilities.
e.
Minimize the amount of potable water purchased from outside purveyors.
8.
Maximize circulation and mobility options for local and regional trips.
a.
Wherever possible and appropriate, link the residential street grids to ensure connectivity within
and between neighborhoods.
b.
Provide opportunities for residents, business owners, employees, and shoppers to access multiple
modes of transportation including bikeways and pedestrian ways.
c.
Improve the level of service along the Route 10 corridor through the implementation of creative
engineering, land use, and design techniques.
d.
Improve the functionality of problem intersections.
e.
Utilize traffic calming measures in areas of high pedestrian activity.
9.
Create a well-designed village center to serve as the Township’s civic core.
a.
Consider establishing design standards to enhance the village center.
b.
Encourage residential uses on upper-level floors to provide a built-in customer base.
c.
Enhance the pedestrian environment and increase pedestrian safety at street crossings to attract
consumers.
10. Preserve the Township’s natural resources to protect water quality, manage stormwater, reduce the
potential for flood damage, protect endangered habitats, and provide open space.
a.
Preserve the floodway and floodplain of the Passaic, Rockaway, and Whippany Rivers and their
tributaries to control floodwaters.
11. Create a comprehensive recreation system that provides indoor and outdoor, active, and passive
recreation opportunities for all age groups and ability levels.
a.
Connect the existing park system to the residential neighborhoods through a system of safe
sidewalks and pathways.
b.
Expand active recreational opportunities in the Township through the creation of new park
facilities either at existing Township parks, park/school sites or through the creation of new parks
and facilities.
c.
Connect the existing park system and Patriot’s Path through a system of green corridors and
linkages.
12. Create a comprehensive open space system that preserves sensitive lands, creates connected
greenways and blueways, and provides environmental education opportunities.
a.
Create a multi-use trail system that links neighborhoods, community facilities, parks, and open
space.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
64
b.
Continue open space acquisition efforts with funding shared among East Hanover Township,
Morris County, the State and federal governments, and non-profit groups.
c.
Coordinate planning efforts with the Board of Education to ensure the most efficient placement
and use of all Township and Educational facilities.
13. Promote aesthetically pleasing human scale development that recognizes the character of traditional
New Jersey suburban towns.
a.
Develop gateways to the Township at strategic locations to foster community identification and
establish a visual sense of the community’s character.
b.
Encourage developers through the Board application process to provide aesthetically pleasing
buildings.
c.
Require and encourage the implementation of landscaping on sites to enhance the visual and
ecological environment.
14. Maintain a balanced tax base that is not over-reliant on a specific industry or use group.
a.
Conduct annual reviews of the tax base and land use classifications within the Township to
monitor the tax base.
15. Ensure that all development regulations reflect and implement the goals and objectives of the master
plan.
a.
Continue to regularly evaluate the zoning ordinance and update as necessary.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
65
Master Plan Elements
The Township of East Hanover’s most recent comprehensive Master Plan was prepared in 2005 and adopted on
November 22, 2005. The 2005 Master Plan includes a land use plan, circulation plan, utilities plan, and
economic plan. In 2019 and 2020 the Township adopted a Housing Element and Fair Share Plan. Additionally, a
2019 Master Plan Amendment was adopted in July of 2019 to establish a framework for the rezoning of a site
identified in the Township’s Settlement Agreement with FSHC.
This section of the 2022 Reexamination recommends master plan elements that should be drafted and
adopted over the next decade.
Circulation Plan Element
A Circulation Plan Element shows the location and types of facilities for all modes of transportation required for
the efficient movement of people and goods. The report identifies existing issues, strategies for improvements,
and conducts walking and/or cycling assessments. Two large inclusionary multi-family developments have
been recently approved in East Hanover, one by KRE Acquisition Corp. located at 100 Deforest Avenue and
another by E Han, LLC located at 60-72 Eagle Rock Avenue. These developments would increase the Township’s
housing stock by 813 residential units and likely add at least 1,626 new residents. Due to this anticipated
residential development and the residential development under construction in adjacent communities, a
Circulation Plan Element is necessary to evaluate the existing circulation network of East Hanover and identify
circulation patterns, areas of concern, and potential improvements to the network.
Open Space and Recreation Plan Element
An Open Space and Recreation Plan Element provides an assessment of existing recreation facilities and
compares them to the needs and projected population of the community. Additionally, recreation needs and
desires change over time and as the population’s demographics change. As discussed above, the Township of
East Hanover anticipates hundreds of new residential units to be constructed in the near future. The
Township’s last Open Space and Recreation Plan was prepared in 2010. Since then, there have been many
changes within the Township and the anticipated number of future residents is expected to increase. The
preparation of a new Open Space and Recreation Plan Element is recommended to evaluate the Township’s
open space and park inventory, evaluate facility conditions, and ensure there are sufficient open space and
recreation facilities to accommodate existing and future residents. See the map on page 66 for the Township’s
existing open spaces, which are sourced from the New Jersey Department of Environmental Protection’s
Recreation and Open Space Inventory (ROSI) database.18
18 Data obtained from ROSI database https://dep.nj.gov/otpla/rosi/, accessed July 1, 2022.
Township of
Fairfield
Township of West Caldwell
Township of Livingston
Borough of
Roseland
Borough of Florham Park
Township of Hanover
Township of
Parsippany-Troy Hills
Township of
Montville
NINA DR
CRES
T
DR
EVELYN PL
SUSSEX LA
LYONS PL
ANDRE
A TER
D
A
NIEL
DR
LEE PL
JANE ST
VALLEY RD
NEWMAN PL
TROY PL
TO
W
ER DR
GRANT AVE
KRISTI DR
AFT
O
N
DR
LENT ST
SELMAR TER
ORA CT
GRANT AVE
L
O
RIE DR
WI
L
LOW
PL
OAK L
AWN DR
EL
K
TON TER
LOUIS
ST
GOLDB
LAT
T
TER
GROAH RD
D
IXON PL
TUSCA
N
PL
BRACE DR
R
O
BERT DR
KAHL RD
GOLF LA
FLORHAM AVE
EDGEMOUNT RD
SMITHFIEL
D
R
D
FO
R
EST RD
CLEVELAND AVE
P
ARK TER
JOHN ST
WEST ST
RAMADA DR
SCHOENER RD
MAUREEN
R
D
RE
I
NMANN DR
MELANIE LA
CHI
C JON LA
BI
R
CHW
O
OD CT
TRINITY PL
STIMIS LA
B
REN
T
W
OOD DR
LITELL R
D
W
I
LLIA
M
S PK
W
Y
CANDICE WAY
HARVEST AVE
CANFIELD RD
R
IDGE DR
BUNKE
R
RD
WARD PL
NORWOOD RD
HILLSID
E DR
CASEY AVE
GR
EAT MEADOW LA
TILDEN DR
WEAVER DR
IVY L
A
B
E
A
CH
S
T
PENISTON WAY
DARTMOOR RD
ROOSEVELT AVE
B
A
Y
BURY
CT
KNOLLCR
O
FT
TER
YVE
T
TE DR
WILDWO
O
D
AVE
WINDSOR WAY
HOMESTEAD AVE
FAY DR
J
ACLYN
DR
MAPLE AVE
PEACH TREE LA
N
EW MURR
AY RD
CUT
TER DR
PARKSI
D
E R
D
ANITA DR
SC
H
OOL
AVE
O
R
CHARD PL
MITCHELL AVE
COUNTRY CLU
B
LA
R
ONALD
DR
W
A
L
NUT
T
ER
SURR
E
Y LA
G
AIL
D
R
CA
M
B
RID
G
E
RD
PRESTON AVE
PH
Y
L
D
AN
R
D
PET
R
Y
DR
TUTTLE
A
V
E
OXFO
RD DR
GROVE AVE
FOX R
U
N DR
F
L
ORE
N
CE AVE
BEECHWOOD LA
MC
KINLEY AVE
CA
R
OLYN CT
S
I
L
V
E
R
SPRING CT
D
EANNA DR
CALLAHAN ST
W
ILSON
A
V
E W.
FARINELLA DR
S
A
MUEL ST
FAI
R
VIEW DR
LUCIAN
N
A L
A
G
REEN D
R
WIL
S
ON AVE
EBERHARDT
RD
LINCOLN ST
BALSAM AVE
A
L
EXANDRIA DR
T
REMONT
D
R
H
ERITAGE D
R
C
HRISTINE DR
BARN
I
DA DR
TANGLEWOOD
DR
TIFFANY DR
COOLIDGE AVE
KLINGER RD
FAIRWAY AV
E
T
I
M
BE
R HILL D
R
CEDAR ST
D
EFOREST AVE
OVERLOOK AVE
TROY RD
M
URRAY RD
R
IVER RD
HA
N
OVER RD
EAGLE ROCK
AVE
MT PLEASANT AVE
RID
GEDALE AVE
4
609
4
611
4
610
4
632
"¬«
10
§¨¦
280
Pat
r
iots P
a
th
M
ainste
m
P
atrio
ts Path Mainstem
B
lue
Sp
u
r
Ye
llo
w
T
r
ail
Lib
erty -
W
ater Ga
p
O
ra
n
g
e
T
r
a
il
R:\GIS\GISPROJECTS\Municipal\E-H\EHT\EHT058\220708apb_Open_Space11x17.mxd
NJDEP RECREATION
AND OPEN SPACE
INVENTORY (ROSI)
1 inch = 2,000 feet
0
1,000
2,000
Feet
±
July 2022
TOWNSHIP
OF
EAST HANOVER
Morris County
New Jersey
This map was developed using NJDOT,
NJGIN, and Morris County GIS digital data
and
MODIV
tax
data.
However,
this
secondary product has not been verified by
any agency and is not state-authorized.
Legend
Municipal Boundary
Trails
Parcels
NJ ROSI Properties
Municipal Open Space
County Open Space
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
67
Land Use and Development Review
The MLUL requires a review of the community’s development regulations. The Township Planner has
performed a cursory review of the regulations in Chapter 95 entitled “Land Use and Zoning”. The analysis
looked for inconsistencies between sections, outdated terms, missing definitions, etc. The Planner’s review
resulted in a memorandum, dated May 26, 2022, addressed to the Master Plan Reexamination Sub-committee.
The memorandum was discussed with the Sub-committee and feedback was provided.
The Township has reviewed Chapter 95 and finds that the regulations and standards contained in the Land Use
and Zoning Chapter are, except for the items outlined below, adequate and suitable. The following
recommendations are made:
General
1.
There are three attachments to Chapter 95. The first is entitled “Addendum A”. This document
concerns cluster residential developments and provides the lot area and dimensions for development
built under the cluster provision. However, these cluster developments (Fairview Section 1 & 2, Gifford
Heights, Royal Palm Estates, Silver Spring Estates, etc.) are not identified as a distinct zone on the
Zoning Map. Instead, they are identified as the R-20 Zone. There have been at least two instances that
the Township Planner is aware of where zoning permits were issued for improvements that are
permissible under the R-20 Zone regulations, but not under the cluster regulations for homes within a
cluster development. Since these cluster developments have different bulk standards they should be
differentiated from the remainder of the R-20 Zone on the Zoning Map. One potential solution would
be to place all the cluster developments in a new R-20-C (for cluster) Zone.
2.
Addendum A is also unique from all the other single-family detached residential zones in that it
requires a maximum lot coverage of 25%. This provision should be clarified to be a maximum total lot
coverage. Also, the Township has received and approved three variances for impervious coverage
within the last three years – 56%, 47.7% and 39.61%. The Township should consider increasing the lot
coverage from 25% to 45% as lifestyle preferences have changed over time and residents now seek to
enhance their backyard with decks, patios, pools, etc.
3.
Attachment 2 is the Zoning Map. However, the version attached to the ecode360.com website is
unreadable. A clearer, larger version of the Zoning Map should be attached to the code.
4.
Attachment 3 is the Schedule of Area Requirements. Footnote 19 indicates that the maximum height
of accessory structures in the R-10 through R-120-CR Zone is 1.5 stories and 13 feet. However, Section
95-46E.(2)(b)[4] permits garages to be 1.5 stories and 15 feet in height. These sections conflict and the
discrepancy should be eliminated. Additionally, the text should be clarified that the height for
accessory structures is measured to the peak, not the midpoint of the roof. Furthermore, there is no
limitation on the height of permitted accessory structures in other zones, which should be specified.
The Township should consider eliminating Footnote 19 and amending the text to permit accessory
structures up to 15 feet in height measured to the peak of the roof.
Article II Definitions
95-3 Definitions
1.
Portico is defined as a roof attached to a residential building. The definition states that if the
construction of a portico violates the front yard setback requirement, a variance will not be required,
provided that the total square footage is 50 square feet or less and the encroachment of the front yard
setback is no greater than 5 feet. Section 95-46R.(3) permits an open porch to project into a required
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
68
front yard a distance of not more than eight feet. The Ordinance does not define porch. This
discrepancy needs to be resolved. Furthermore, the Township wishes to limit the extent an existing
non-conforming front yard setback could be exacerbated. For example, if a home is in the R-10 Zone
and has a required front yard setback and the house is only set back 30 feet.
2.
Professional Office is defined to permit a professional office in a residential zone and requires the use
to be incidental to the use of the home. However, there are no standards for parking, no limitation on
the number of non-resident employees, restrictions on hours of operation, etc. Typically, home offices
are listed as accessory uses or conditional uses in the applicable zone and have standards to ensure
there is no detriment to the surrounding neighbors. But the Ordinance doesn’t list a home office as a
permitted use in any zone. Furthermore, the Township has several zones that permit mixed-use
development, and it is unclear if that would be deemed a “residential zone”. The Planning Board
recommends adding professional offices as accessory or conditional uses within specific zones and
providing standards to guide parking, hours of operation, etc.
Article VI Subdivision & Site Plan Review
95-37 On-tract Improvements for Site Plans & Subdivisions
1.
Section 95-37A.(8) requires subdivisions to install shade trees, which should be approved by the Shade
Tree Commission. The Township does not have a Shade Tree Commission. Therefore, this text should
be eliminated. Additionally, the Ordinance should be amended to require shade trees to be planted at
an average of 50 feet on center.
2.
Section 95-37B.(3) requires all parking spaces to be marked with painted lines for site plans. This
should be amended to state the Township’s desire for hairpin striping, which better guides drivers into
the center of parking spaces.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
69
3.
Section 95-37B.(5) states that where off-street parking is located in a front yard, the Planning Board
may require a landscaped berm. This should be amended to require landscaping screening of all
parking within a front yard area and provide the flexibility for said screening to be accomplished with a
landscaped berm or just landscaping, a minimum of four feet tall.
4.
Section 95-37B.(8)(b) requires shade trees to be installed along the right-of-way according to the Shade
Tree Commission. This should be amended to eliminate the reference to the Shade Tree Commission
and require shade trees to be planted along the street line every 50 feet on average.
5.
Section 95-37.B.(8)(d)[1] requires shade trees to be planted at a caliper of 2.5 inches. Many towns have
increased this to 3 inches and the Planning Board recommends doing so.
6.
Section 95-37.B.(8)(d)[3] requires shrubs to be planted at a height of 2 feet. The Planning Board
recommends increasing the minimum height to 3 feet.
7.
Section 95-37B.(8)(g) indicates that buffers and screening shall be provided as per 95-47A(6). However,
95-47A(6) concerns outdoor dining. The reference should be changed to 95-47A(7).
Section 95-39 Design Standards
1.
Section 95-39B.(18) requires parking spaces to be 10 feet wide by 20 feet long, but is silent on the
method of delineation. Over the years the Township has required new developments to utilize hairpin
striping as it better guides drivers into the center of the space. This section should be amended to
require hairpin striping.
2.
Section 95-39C.(2)(f) provides design standards for the Route 10 corridor. This section reads
“appropriate landscaped areas should be provided along the highway edge that include provisions for
walkways, bike paths, plantings and shade trees.” The Planning Board recommends eliminating the
requirement for providing areas for walkways, bike paths, and sidewalks. Additionally, the text
“should” is recommended to be changed to “shall” to enable the ability to require landscaping along
the highway edge.
3.
Section 95-39C.(4)(c) states that parking lots should be extensively landscaped to provide visual relief.
The Planning Board recommends modifying “should” to “shall”.
4.
There are no requirements in this section or any other general section guiding the location and design
of refuse areas. The Planning Board recommends that standards be crafted to limit refuse enclosures
to the rear yard and require they be surrounded on three sides by a solid wall or fence with a self-
closing solid gate on the fourth side.
Article VII Zoning
Section 95-44 Establishment of Zones
1.
Subsection A. does not list the following zones, which are illustrated on the Zoning Map:
a.
RMF-2 Overlay
b.
RMF-3 Overlay
c.
VRA (Varityper Redevelopment Area)
d.
CZ (Clear Zone Overlay)
e.
RES (Runway End Subzone Overlay)
The text should be amended to add the above zones.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
70
Section 95-46 General Regulations
1.
Subsection C. states that there shall be not less than one garaged parking space for each dwelling in a
residential zone. This should be clarified to apply to single-family detached and townhouses only.
2.
Subsection J. requires a 10-foot buffer when a non-residential use abuts the boundary of a residential
zone. The text requires four-foot-tall evergreens in two rows. In some instances, a solid, six-foot-tall
fence may be a better alternative. The Planning Board recommends allowing a six-foot-tall fence in
lieu of the four-foot-tall evergreens.
3.
Subsection M. regulates fences. Fences within the front yard are limited to four feet in height and 50%
open. On corner lots, both frontages are limited to a four-foot-tall fence. The Planning Board
recommends looking into this issue further to see if minor Ordinance changes could be made to
address corner lots. However, any Ordinance change should be mindful of sight triangles associated
with street intersections.
Section 95-47 Modifications and Exceptions
1.
Subsection A.(1)(a) indicates that the Township’s height limits do not apply to items such as mechanical
equipment. However, many towns cap the height of roof-mounted items. For example, a limit of 10
feet. The Planning Board recommends amending this subsection to restrict the height of roof-
mounted equipment to a certain number. Additionally, there is no limitation on the height of parapets
in the definition of building height or this subsection. The Planning Board recommends limiting the
height of parapets.
2.
Subsection A.(6)(b) contains the prior language for outdoor seating, which should have been deleted
when Ordinance 13-2021 was adopted. This subsection should be deleted.
3.
Subsection B.(2) permits hospitals, philanthropic, and eleemosynary uses in any zone. The Planning
Board believes these uses are not compatible with the single-family detached zones and the text
should be amended to limit which zones these uses are conditionally permitted in.
4.
Subsection B.(3) permits public garage and gasoline stations in all zones except residential. The
Planning Board does not believe these uses are compatible with the SED, PB-1, PB-2, PB-3, R-L, P, CEM,
I-1, I-3 or B-1 Zones and recommends amending the text as necessary.
Section 95-53.1 R-10/CSAH Zone
1.
Subsection B.(3) should be revised to clearly state maximum total lot coverage.
Section 95-53.7 RAH-4 Zone
1.
Subsection B(2) should be revised to decrease the number of units as the size of the overall tract has
been reduced.
Section 95-54 B-1 Zone
1.
Change 95-54C.(1)(b) to read as follows:
“Where a side yard adjoins a residential zone, the side yard shall not be less than the larger of the two
side yards required for the adjoining residential zone. Where a rear yard joins a residential zone, the
rear yard shall not be less than the required rear yard for the adjoining zone.”
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
71
Section 95-55 B-2 Zone
1.
Change 95-55C.(1)(b) to read as follows:
“Where the side yard adjoins a residential zone, the side yard shall be note less than the larger of the
two (2) side yards required for the adjoining residential zone. Where a rear yard adjoins a residential
zone, the rear yard shall be not less than the required rear yard for the adjoining residential zone.”
Section 95-55.1 B-2B Zone
1.
This zone permits stores, shops, and restaurants as conditional uses. Within this zone is Target,
Costco, Home Goods, Bed Bath & Beyond, and other retail uses. There are also several existing
restaurants. The Planning Board recommends revising this zone to permit shops and restaurants as of
right.
Section 95-57, -58, and -58.1 PB Zones
1.
A complimentary use to the permitted uses in this zone would be a data center. The Planning Board
recommends adding a data center to the list of permitted uses in the PB Zones.
Section 95-64 Nonconforming Uses and Buildings
1.
Subsection C.(1) does not permit non-residential buildings destroyed by more than 50% to be rebuilt
unless in conformance. The same should apply to residential buildings.
Section 95-65.2 Payment in lieu fees for Affordable Housing
1.
This section discusses payment-in-lieu fees within the R-15 Zone. This section was adopted in 2014
and does not comply with the development fee ordinance that was adopted pursuant to the
Township’s Judgment of Repose. The section should be deleted in its entirety.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
72
Other Items
1.
The Ordinance should be revised to locate all parking standards in one section. This will eliminate the
issue the Board has seen in the past when a D(1) use variance occurs and the Zone has no parking
standard for said use.
2.
A total lot coverage percentage should be created for the single-family zones. Over the years the
Township has seen homeowners transform their entire rear yard with various impervious surfaces,
which has cause drainage problems for neighbors.
3.
Lots 28.03, 28.04, and 28.05 in Block 39, located along Merry Lane (a private street), should be rezoned
from R-20 to I-3 to allow for the vacant lots to be developed with similar uses as the other lots that
utilize Merry Lane for access to River Road.
4.
Lots 39 and 40 in Block 42, which contain single-family detached homes, should be rezoned from the R-
L Zone to the R-15 Zone.
New Technologies
There are five new technologies and/or uses that have emerged since the 1994 Reexamination. They include
solar, wind, digital signs, cannabis, and short-term house rentals. These topics are examined in the following
sections.
Solar
Chapter 95 does not mention solar energy facilities. However, solar panels are present on the roofs of many
large buildings along Route 10 including but not limited to Target, Bed, Bath & Beyond, CubeSmart, Novartis,
REI, etc. Additionally, the Gate of Heaven property has ground-mounted solar panels. The Township should
consider amending the Ordinance to permit roof-mounted panels as of right and conditionally permitting
ground-mounted panels in certain zones to control glare and other potential negative impacts.
Wind
Chapter 95 also does not discuss wind energy facilities. These facilities are listed as inherently beneficial uses in
the MLUL. Wind energy systems have the potential for greater visual impact. Additionally, there are some
reports that indicate there are noise impacts associated with turbines. The Planning Board believes further
research should be done before the Township makes any decisions regarding wind energy facilities.
Digital Signs
The Township adopted Ordinance 11-2021 on December 6, 2021, which added digital signs to the list of
prohibited signs in Section 95-103. No further action is recommended.
Cannabis
Ordinance 8-2021 was adopted on July 6, 2021. This Ordinance prohibits all classes of cannabis uses in the
Township. No further action is recommended.
Short-Term Rentals
Short-term rentals were prohibited via Ordinance 5-2020 on October 5, 2020, which includes the rental of a
dwelling and exterior of a residential property. No further action is recommended.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
73
Year-End Board Reports
To determine if there has been a pattern in the types of variance relief granted, we requested year-end Land
Use Planning Board reports and all resolutions from the Land Use Planning Board between 2010 and 2021. The
Township provided a list of all applications to the Board during the 12-year period. The analysis reveals three
variance patterns, which are discussed below. It should be noted that the list of applications did not specify the
variance relief granted for all applications. Therefore, the analysis is limited to the applications where variance
information was provided.
1.
The Board heard 61 applications in the R-20 Zone. Where information was provided, the Board
granted a total of 16 front yard setback variances, eight side yard setback variances, 12 rear yard
setback variances, and seven variances for accessory structure setbacks. Based on this data, there has
been no consistent relief granted over the past 12 years.
2.
32 applications were heard for properties in the R-10 Zone. Where information was provided, 12
variances were granted for front yard setbacks, seven variances were granted for side yard setbacks,
and 11 variances were granted for rear yard setbacks. Based on this data, there has been no
consistent relief granted over the past 12 years.
3.
The Board heard a total of 16 applications for properties in the R-15 Zone. Where information was
provided, eight front yard setback variances and eight side yard setback variances were granted. We
have access to eight resolutions, dating back to 2014, granting such setback variances. The following
variances from the 40-foot front yard setback requirement were granted by the Board, in order of
greatest to least encroachment:
Resolution 15-204, 26 Mann Avenue, Block 124, Lot 9 – 18-foot setback, which is a 22-foot
encroachment. However, it should be noted the resolution indicates this was a pre-existing non-
conforming condition.
Resolution 20-2016, 28 Mann Avenue, Block 124, Lot 10 – 21.1-foot setback, which is an 18.9-foot
encroachment.
Resolution 28-2015, 41 Mann Avenue, Block 125, Lot 9 – 31.7-foot setback, which is an 8.3-foot
encroachment.
Resolution 11-2015, 40 Chic Jon Lane, Block 5, Lot 32 – 33.41-foot setback, which is a 6.59-foot
encroachment.
The average front yard permitted via variance is 26.05 feet, where 40 feet is required.
Additionally, the following variances, in order from greatest to least encroachment, were granted from
the required 15-foot single side yard setback requirement of the R-15 Zone:
Resolution 15-2014, 26 Mann Avenue, Block 124, Lot 9 – 5.96-foot setback, which is a 9.04-foot
encroachment. It should be noted that the resolution recognized this setback as a pre-existing
non-conforming condition.
Resolution 22-2021, 25 Dixon Place, Block 40.02, Lot 10 – 6.2-foot setback, which is an 8.8-foot
encroachment.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
74
Resolution 20-2016, 28 Mann Avenue, Block 124, Lot 10 – 6.6-foot setback, which is an 8.4-foot
encroachment.
Resolution 17-2021, 56 Cedar Street, Block 38, Lot 12 – 9.25-foot setback, which is a 5.75-foot
encroachment.
Resolution 11-2015, 40 Chic Jon Lane, Block 5, Lot 32 – 9.3-foot setback, which is a 5.7-foot
encroachment. It should be noted that the resolution indicates this setback was a pre-existing
non-conforming condition.
Resolution 28-2015, 41 Mann Avenue, Block 125, Lot 9 – 11-foot setback, which is a 4-foot
encroachment.
The average side yard setback granted was just over 8 feet, where 15 feet is required.
Furthermore, there were three instances where the Board granted variances from the R-15 Zone
combined side yard setback requirement of 35 feet. The average combined side yard setback of the
three variances is 23.5 feet, which is 11.5 feet less than the required 35 feet.
Based on the information presented above, it is recommended that the Planning Board further study
the front, single side and combined side yard setback in the R-15 Zone to determine if changes should
be made to these bulk standards. This would include obtaining and reviewing all 16 resolutions to
determine the exact relief sought and granted.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
75
VI. Recommendations Concerning the
Incorporation of Redevelopment Plans
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
76
VI. Recommendations Concerning the
Incorporation of Redevelopment Plans
The Township of East Hanover has one Area in Need of Redevelopment, which is located along Route 10 East
and Farinella Drive. The Township Council adopted the redevelopment designation on May 10, 2004. A
redevelopment plan entitled Varityper Redevelopment Plan, dated May 2, 2006, was adopted on October 10,
2006. Since the Redevelopment Plan’s adoption, it has been amended twice, first on March 5, 2018, then on
June 4, 2018. The Planning Board does not recommend any changes to the Varityper Redevelopment Plan at
this time. Additionally, no other areas of the Township are recommended to be studied as an area in need of
rehabilitation or redevelopment.
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
77
VII. Public Electric Vehicle Infrastructure
2022 Master Plan & Development Regulations Reexamination | September 28, 2022
78
VII. Public Electric Vehicle Infrastructure
According to Thomas Pershouse, the Township’s Construction Official, electric vehicle charging stations are
located in the parking garages at the Novartis campus and at Home2Suites, located at 170 Route 10.19 East
Hanover recognizes the recently adopted legislation that requires certain types of developments filed after July
9, 2021 to include charging stations and/or make-ready parking spaces. Furthermore, the new law made
charging stations an accessory use in all districts, regardless of the local zoning ordinance. The law also
required a model ordinance to be developed and published by the Department of Community Affairs (“DCA”),
which upon publication would become effective in each municipality. The model ordinance was published by
DCA on September 1, 2021. Municipalities may make changes to the section entitled “reasonable standards”
through the normal municipal ordinance process but are not permitted to change other parts of the model
ordinance. The Township has reviewed the model ordinance and does not wish to adopt it at this time as the
Legislation mandates the charging stations and/or make-ready parking spaces regardless of East Hanover
incorporating the model ordinance into Chapter 95.
R:\Projects\E-H\EHT\EHT058\Reports\Planning\221019dag_EHT_MP_Reexam_ADOPTED.docx
19 Correspondence with Mr. Pershouse on July 11, 2022.
Protected Document Content
Start your free trial to view the raw municipal bid documents and web text.
Unlock Full AccessDetailed Risk Breakdown
local preference
No Flags Found
performance bond
No Flags Found
liquidated damages
No Flags Found
Quick Actions
Explore More
Timeline
First Discovered
Apr 1, 2026
Last Info Update
Apr 1, 2026
Start your 7-day free trial
Get instant notifications and full bid analysis. Existing users will be logged in automatically.
Start Free Trial