[Amended 2-16-1999 by Ord. No. 637-99]
No lot shall be used and no structure shall be erected, altered
or occupied for any purposes except the following:
[Added 2-16-1999 by Ord. No. 637-99]
A.
Home offices and home occupations.
[1]
Editor's Note: See also Art. XII, Conditional Uses.
[Added 2-16-1999 by Ord. No. 637-99]
[Added 2-16-1999 by Ord. No. 637-99]
A.
Application to Secretary of Joint Land Use Board. Application for a multifamily development project shall be made to the Secretary of the Joint Land Use Board by completing an original application and three copies and filing together with eight copies of the proposed site plan and the supporting information required by Article XIV, Site Plan Review Process.[1]
B.
Joint Land Use Board review. The Joint Land Use Board shall review and act on the application in accordance with the provisions of Article XIV, Site Plan Review Process. Additionally, the Joint Land Use Board shall review the application and proposed uses and recommend to the developer revisions to the proposed use to bring it into substantial conformance with the Master Plan, as it may be adopted, and in accordance with good principles of land use planning.[2]
C.
Copies. The Secretary of the Joint Land Use Board shall transmit
one copy of all approved and denied applications to the Borough Engineer
and one copy of all approved applications to the Construction Code
Official and to the Tax Assessor.
Parks, playgrounds, recreation and conservation facilities or
other open spaces incidental to the uses permitted above which are
intended for the use of the residents residing within the residential
development and which are not operated for profit may be permitted
in conjunction with a multifamily housing development.
Accessory uses which are incidental to and customary with multifamily
housing developments shall be allowed, including:
A.
The minimum lot area for any multifamily development shall be not
less than 10 acres in a single parcel, which shall not be bisected
by a public street, inclusive of any streets, roads or driveways,
whether privately owned or dedicated to the Borough from within the
district.
B.
Each lot shall have continuous frontage of at least 400 feet upon an existing public street, which shall be an arterial street as designated and defined for the construction of an existing arterial street in accordance with standards for an arterial street provided by Chapter 170, Subdivision of Land, and as approved by the Borough Engineer.
C.
Each lot shall have a depth of not less than 350 feet.
A.
Maximum density. The maximum permitted density shall not exceed six
dwelling units per acre for garden apartments and four dwelling units
an acre for attached single-family dwellings.
B.
Building coverage. The maximum lot coverage for principal and accessory
buildings shall be 20% of the total lot area.
C.
Open area. A minimum of 50% of the total lot area shall be maintained
as open area. This required open area shall not be covered by buildings,
nor shall it be devoted to service driveways, off-street parking or
loading spaces or drying yards. It is further provided that 20% of
the above-referenced open area be suitable for usable recreational
space, and each such recreational space shall be at least 50 feet
in the least dimension, with a minimum area of 5,000 square feet.
In all instances, a minimum of 60% of the usable recreation area shall
be suitable for dry ground recreation uses, of which not more than
1/2 shall exceed 5% grade.
D.
Street setback. All buildings, structures and off-street parking areas shall be set back a minimum of 75 feet from the right-of-way line of any public street. One project identification sign, subject to the provisions of § 190-14, shall be permitted in the street setback areas.
E.
Lot line setback. All principal buildings shall be set back a minimum
of 75 feet from any lot line. Accessory buildings such as off-street
parking garages may be permitted within 20 feet of the lot line, provided
that they abut or serve the dual purpose of retaining walls. Otherwise,
all accessory uses, including off-street parking facilities, shall
be set back a minimum of 35 feet from any lot line.
F.
Distance between buildings. The minimum distance between any two
unattached buildings shall be 40 feet. The setback shall be increased
to 60 feet if the buildings are face to face or back to back. The
point of measurement shall be the exterior walls of the buildings
and does not include balconies or other architectural features.
A.
Area to be landscaped. All area not occupied by buildings, roads, parking areas, service areas or other required or permitted uses, but including open spaces and usable recreational areas, shall be landscaped by planting lawns, trees, shrubs, gardens or other suitable ground cover. See § 190-13.
B.
Landscaping plan and approval. A landscaping plan and a schedule of planting shall be submitted and shall be subject to the review and approval of the Borough Joint Land Use Board under Article XIV.
C.
Buffer strip. There shall be a landscaped buffer strip along that
portion of the perimeter of the lot as may be necessary to reasonably
screen the buildings constructed thereon from view. Such buffer strip
shall be at least 10 feet as measured from the property line or public
street right-of-way. The landscaping for the buffer strip shall be
designed and planned to protect the view and maintain the characteristics
of adjoining properties.
D.
Natural cover and vegetation. To the extent it is consistent with
good site planning and other requirements of this chapter, the developer
should attempt to maintain and enhance the natural cover and vegetation
of the site.
No building shall exceed 2 1/2 stories or 35 feet in height,
as measured from the ground floor of the first floor to the peak of
the roof, except that terrace-type apartments containing three floors
may be permitted, provided that no building shall exceed two stories
as measured from the front entrance of the building, and further provided
that all terrace apartments shall have two means of ingress and egress
and shall have adequate provisions for light and air.
All buildings shall fully comply with the State of New Jersey
Regulations for the Construction and Maintenance of Hotels and Multiple
Dwellings, P.L. 1967. c. 76, N.J.S.A. 55:13A-1 et seq., and the Borough
Building Code,[1] whichever is greater. Evidence of all necessary approvals
and certifications shall be furnished to the Construction Code Official
prior to the commencement of any construction.
A.
Size restrictions. No individual building shall contain fewer than
four or more than 12 dwelling units. Further, no cluster or group
of attached buildings shall contain more than 24 dwelling units. Additionally,
no townhouse unit shall be less than 16 feet wide.
B.
Number of floors. No building or cluster of buildings shall leave more than two floors devoted to dwelling units, except as provided for terrace apartments in § 190-66 above. There shall be no basement or attic apartments.
C.
Building length. The maximum length of any building shall not exceed
200 feet. Such limitation shall apply to any cluster of attached buildings
unless there is a break in the deflection angle of at least 20°
or an offset in the facade of at least four feet in depth. Under no
circumstances shall a cluster of buildings exceed 300 feet in length.
D.
Distance to service areas. No principal building shall be closer
than 20 feet to any interior driveway or closer than 15 feet to any
off-street parking area.
E.
Building egress. Each building containing common hallways shall provide
a minimum of two means of egress, remote from each other and leading
to exits. In addition, means of egress shall comply with Article 6
of the State of New Jersey Regulations for the Construction and Maintenance
of Hotels and Multiple Dwellings.
F.
Fire-resistant materials. All buildings shall be constructed with
fire-resistant materials which comply with the Borough Building Code[1] and Article 3 of the State of New Jersey Regulations for
the Construction and Maintenance of Hotels and Multiple Dwellings.
G.
Fire wall. A continuous fire wall of approved noncombustible materials,
with a fire-resistant rating of three or more hours, shall be provided
between each four dwelling units.
H.
Acoustical control. Walls, partitions and floor-ceiling constructions
separating dwelling units from each other or from halls, corridors
or stairs shall have a minimum sound-transmission class (STC) rating
of 45 and a minimum impact noise rating (INR) of minus five. Where
practical, each apartment or townhouse shall be separated from adjacent
apartments or townhouses by other than living spaces, such as bathrooms,
kitchens, closets, stairs or mechanical areas. Penetrations or openings
in walls, partitions or floors shall be packed, sealed, lined, back-plastered
or otherwise isolated by sufficient mass to maintain the required
STC ratings.
I.
Building surface appearance. Buildings shall be designed to prevent
the appearance of straight unbroken lines in the horizontal or vertical
surfaces. Buildings shall have no more than 75 continuous feet without
a setback or break. A break shall require a minimum of five feet in
horizontal distance between the exterior surfaces or building elevations.
J.
Balconies. Each garden apartment dwelling with a floor level over
eight feet above grade level shall have an exterior balcony. Balconies
shall have a minimum floor area of 60 square feet and a width of not
less than six feet. Balconies shall have railings and balusters of
not less than three feet in height.
K.
Exterior surface. The exterior of all buildings shall be of brick
or stone a minimum of four inches thick. Decorative trim not exceeding
25% of the exterior surface may be utilized, provided that such trim
is backed with a fire-resistant material.
L.
Air-conditioning units. Air-conditioning units shall not project
beyond the exterior face of exterior walls more than six inches.
M.
Laundry and storage areas. An enclosed laundry and storage area for
the use of residents shall be provided for each dwelling unit. A minimum
of 100 square feet of laundry and storage area shall be provided for
each dwelling unit constructed and shall be located in convenient
locations within the structures in which the dwelling units are located.
Storage areas for each dwelling shall be provided and designed for
individual access.
N.
Facilities. All apartment units shall contain complete kitchen, bathroom,
bathing and washing facilities with adequate ventilation.
O.
Minimum floor areas. For the purpose of this chapter, the following
shall be considered minimum habitable floor areas:
A.
Off-street parking areas may be located in enclosed garages or in
surface parking lots, provided that such shall comply with the following
minimum standards:
(1)
Parking areas located in enclosed garages shall be a maximum of one
story in height, constructed of the same material as the principal
structure and of the same architectural design.
(2)
Surface parking areas shall be prohibited within the right-of-way
of internal streets or within setback areas as required in this chapter.
(3)
No parking area shall contain space for more than 60 vehicles, and
parking areas shall be subdivided into such areas through the use
of landscaped or grass dividing strips and landscaped walkways.
B.
Illumination. All open parking areas and driveways shall be provided
with sufficient illumination to minimize hazards to pedestrians and
motor vehicles, and such illumination shall be appropriately shielded
so as to prevent unreasonable glare and annoyance to persons in adjacent
buildings, streets and highways.
A.
Internal streets. Private internal streets shall have a minimum paved width of 30 feet available for traffic flow. All internal streets shall be designed, constructed and maintained in accordance with the standards set forth in Chapter 170, Subdivision of Land, and all engineering specifications shall be approved by the Borough Engineer.
B.
Driveways. Driveways for egress and ingress to the development tract
shall not be located within 150 feet of any street intersection or
so as to create, or be likely to create, hazardous traffic conditions.
Each site shall have no less than two accessways to a public street
or streets, and no accessway shall be located immediately adjacent
to an adjoining property line. The minimum width of accessways shall
be 24 feet, and the maximum width shall not exceed 36 feet. A continuous
curb, constructed in accordance with the Borough standards, shall
separate the building site from public streets, and access to the
streets shall be permitted only through the aforementioned accessways.
C.
Curbs. Paved roadways and parking areas shall be provided with curbs in locations as may be specified by the Borough Engineer. All paving and curbs shall be constructed in accordance with the design standards set forth in Chapter 170, Subdivision of Land, or Chapter 168, Article II, Road Construction Specifications, as the case may be.
D.
Sidewalks. Pedestrian walkways and sidewalks constructed in accordance with the design standards set forth in Chapter 170, Subdivision of Land, shall be provided by the developer along either side of a major accessway and wherever else normal pedestrian use may occur as approved by the Joint Land Use Board and Borough Engineer.
E.
Maintenance of streets. All streets owned by the project owner shall
be the responsibility of the owner to the extent of necessary maintenance
thereof and snow removal therefrom.
One project identification sign shall be permitted on each side
of the garden apartment or townhouse development which has frontage
on a public street. Such signs may contain the name of the development
and the street address and shall not exceed 15 square feet in area
or six feet in height. In addition, one sign advertising the presence
or lack of vacancies may be located on the premises, provided that
it does not exceed six square feet in area or four feet in height.
All signs shall be located within the property lines but shall not
be attached to buildings.
A full-time resident superintendent shall be provided for all
garden apartment or townhouse developments which contain 100 or more
units offered on a rental basis. A part-time resident superintendent
shall be provided for any other garden apartment development. The
superintendent shall be responsible, as an agent for the owner, for
the care, supervision and maintenance of the project and shall maintain
a telephone listed in the name of the development to receive calls
as agent for the owner of the development.
All power, telephone and other utility lines within the confines
of the development shall be underground, and the developer shall furnish
certification that electric and telephone service is adequate and
will be provided to the site.
A.
Fire hydrants. Fire hydrants of a type and in number and location
approved by the Borough Engineer, with the advice of the Milford Borough
Water Department and Milford Volunteer Fire Company, shall be installed
by the developer.[1]
B.
Water supply. An adequate supply of potable water, from an approved
water supply source, shall be provided. The developer shall furnish
certification from the Milford Borough Water Department, or other
suitable water source, that the water supply is adequate and will
be provided to the site.[2]
C.
Sanitary sewers. A sewage treatment plant and collection system,
approved by the Borough Council and the Borough Engineer and meeting
all state and local regulations, shall be constructed and operated
by the developer unless or until a municipal system is available,
in which case hookup to such system may be required by the Borough.
D.
Drainage. Adequate on-site drainage facilities, of a type and in
number and location approved by the Borough Engineer, shall be installed
by the developer.
The Borough shall be responsible for the removal of solid waste
from the development, provided that receptacles are placed on a public
roadway or within an area designated for such purpose within the development
and that special equipment is not required to collect and remove such
wastes.
A.
Noncorrosive, impervious and noncombustible receptacles shall be
provided and constructed to prevent leakage and shall be provided
with tight-fitting covers.
B.
Receptacles shall be located so as not to create any health hazard
or unsightly appearance and be accessible to the collecting agent.
C.
All receptacles shall be covered, maintained in good order and cleaned
at least once a week.
D.
No waste or other refuse shall be stored or collected other than
in approved receptacles.
E.
If special equipment is required for the collection of solid waste,
the owner or his agent shall be responsible for the removal of solid
waste from the development, and such waste disposal shall conform
to all Hunterdon County Division of Public Health Services regulations
and the above minimum requirements, whichever is greater. Waste disposal
collection under the latter conditions shall be in conformance with
the Borough collection schedule or, in the absence thereof, at least
twice weekly.[1]
Exterior television and radio antennas, with the exception of
a master antenna, shall be prohibited.
No building permits or certificates of occupancy shall be issued and no building shall be erected in a multifamily development until a site plan, with details as specified in Article XIV, Site Plan Review Process, has been reviewed and approved by the Joint Land Use Board and all of the necessary certifications and approvals have been obtained from state, county and local agencies.
