The purpose of this article is to establish affordable housing
zones in accordance with the Township's 1996 Housing Element and Fair
Share Plan to permit the construction of multifamily housing at maximum
densities as hereinafter specified, conditioned upon the provision
of a set-aside of 22% for low- and moderate-income units. In the event
that the owner shall seek to develop at a density of less than the
maximum permitted, the owner or developer seeking to so develop shall
be required to provide the same number of low- and moderate-income
units as if the land were developed on the basis of the maximum density
with a set-aside of 22% for low- and moderate- income units, unless
the Planning Board shall grant a variance to this requirement.
A.
The following principal uses are permitted in the AH Districts:
(1)
AH-1. Apartments, townhouses and senior citizen housing at a
maximum density of 10 units per acre. Set-aside units shall be townhouses
and/or apartments.
(2)
AH-2. Apartments, townhouses and senior citizen housing at a
maximum density of eight units per acre. Set-aside units shall be
townhouses and/or apartments.
(3)
AH-4. Townhouses at a maximum density of five and 5.25 units
per acre. Set-aside units shall be senior citizen housing; provided,
however, that set-aside units in the zone over and above one 109 units
shall be townhouses and/or apartments.
B.
In addition to the maximum density for each zone established above,
a maximum number of dwelling units as listed below is established
for each of the AH Zone Districts, and the maximum number of dwelling
units permitted on any single property in an AH Zone shall be proportional
to that maximum number, according to the area of the property as related
to the area of the entire zone.
|
Zone
|
Maximum Number of Dwelling Units
| |
|---|---|---|
|
AH-1
|
950
| |
|
AH-2 north side of Route 202
|
200
| |
|
AH-2 Church Lane
|
344
| |
|
AH-4
|
612
|
The following accessory uses are permitted in all AH Districts:
A.
Private garages.
B.
Buildings for storage of maintenance equipment.
C.
Off-street parking as hereinafter regulated.
E.
Private recreation buildings and facilities, including swimming pools,
intended for use by residents of the premises.
G.
Other accessory uses as set forth in Schedule C, Schedule of Permitted
Uses, included at the end of this chapter.
The following zoning standards shall apply to development in
the AH Districts:
A.
Minimum lot size: 10 acres.
B.
Minimum setback from public streets and tract boundary: 50 feet in
AH-1 and AH-2 Zones; 75 feet in AH-4 Zone. The minimum distance from
a private street shall be 35 feet.
C.
Maximum building coverage: 30% of the site.
D.
Maximum height of building: three stories and 40 feet.
F.
Minimum distances between buildings:
|
Configuration
|
Minimum
(feet)
|
Average
(feet)
| |
|---|---|---|---|
|
Front facing front
|
60
|
75
| |
|
Front facing rear
|
60
|
75
| |
|
Front facing side
|
30*
|
40*
| |
|
Rear facing rear
|
60
|
75
| |
|
Rear facing side
|
15*
|
20*
| |
|
Side facing side
|
15*
|
20*
|
|
NOTES:
| ||
|---|---|---|
|
*
|
Not less than 50 feet if driveway is located between buildings.
| |
G.
Minimum usable open space: 20% of the site. Usable open space is
open space exclusive of roads, parking areas, buffers, walkways and
buildings.
H.
Recreation. Multifamily developments of between 10 and 50 units shall
provide 250 square feet of space in a usable configuration for play
lots or a shaded area for the elderly or other space for recreation
which is appropriate for that development. Multifamily developments
of larger than 50 units shall provide for an additional 20 square
feet per unit above 50 units for such purposes. In large developments,
such space shall be subdivided into two or more usable areas, distributed
throughout the development so as to be convenient to residents.
A.
At least 11% of the total number of residential dwellings within
each development in the AH Zones shall be made affordable and sold
or rented to low-income persons, and 11% shall be made affordable
and sold or rented to moderate-income persons.
B.
At least 20% of the low-income and 20% of the moderate-income units
shall be three-bedroom units, and no more than 50% of the low-income
and 50% of the moderate-income units shall be one-bedroom units or
efficiency units; provided, however, that low- and moderate-income
senior citizen housing units need contain no more than one bedroom.
C.
For purposes of assuring affordability of housing units to low- and
moderate-income households of varying sizes, it shall be assumed that
housing units of different sizes will be occupied by households of
different minimum sizes as follows:
|
Housing Units
(number of bedrooms)
|
Households
(minimum number of persons)
| |
|---|---|---|
|
0
|
1
| |
|
1
|
2
| |
|
2
|
3
| |
|
3
|
5
|
(1)
In the case of low- and moderate-income units offered for sale,
each unit shall be affordable to a household earning no more than
90% of the ceiling income for that household, by household size and
income category. The proposed prices of low- and moderate-income units
to be offered for sale, and the calculations by which those prices
have been determined, shall be submitted for approval by the applicant
as a part of the application for preliminary site plan approval.
(2)
In the case of low- and moderate-income units offered for rent,
they shall be rented for no more than 30% of the gross household income
of the low- and moderate-income household based upon 90% of the ceiling
income for that household, said rental to be inclusive of all services
and maintenance, including utilities. In the event that any other
charges are paid directly by the tenant, the maximum rental of 30%
shall represent the sum of the contract rent and all such other charges.
D.
Affirmative marketing plan. The developer shall formulate and implement
a written affirmative marketing plan acceptable to the Planning Board.
The affirmative marketing plan shall provide that all rerentals and
resales shall be marketed to the COAH housing region of Essex, Morris,
Union, and Warren Counties and shall be in compliance with the rules
and regulations established by the Council on Affordable Housing.
E.
Phasing schedule.
(1)
A developer shall submit a phasing schedule for the construction
of the low- and moderate-income units. All lower-income units in any
phase must be completed and rented or sold to eligible occupants and
have received certificates of occupancy before certificates of occupancy
may be granted for any market-rate units in that phase. Approximately
1/2 of the lower-income units in each phase shall be low-income units.
(2)
Lower-income units shall be constructed at a rate no less rapid
than the following:
|
Phase
|
Percentage of Lower-Income Units Completed
|
Percentage of Market-Rate Units Completed
| |
|---|---|---|---|
|
I
|
0%
|
20%
| |
|
II
|
20%
|
40%
| |
|
III
|
50%
|
60%
| |
|
IV
|
80%
|
80%
| |
|
V
|
100%
|
90%
|
F.
Resale and rental controls.
(1)
A developer shall submit a plan for resale or rental controls
to ensure that the units remain affordable to low- and moderate-income
households for at least 30 years. The purchaser shall be entitled
to sell the units for:
(a)
The original sales price plus such additional amount allowed
by the most recent rules and regulations of the New Jersey Council
on Affordable Housing (COAH);
(b)
Reimbursement for documented monetary outlays for reasonable
improvements as approved, in writing, by the Montville Housing Committee;
and
(c)
Any reasonable costs incurred in selling the unit.
(2)
Where units are offered as rental units, they shall continue
to be offered as rental units for 15 years. After 15 years, they may
be sold at prices affordable to moderate-income households, subject
to such resale price controls as may be necessary to ensure that the
units continue to be affordable to moderate-income households for
the remainder of the thirty-year period commencing from the date of
initial rental.
(3)
The low-income units, upon resale, may be sold only to low-income
persons, and the moderate-income units may be sold to low- or moderate-income
purchasers. If, however, no low-income purchaser is found within 60
days, the low-income unit may be sold to a moderate-income purchaser
or, if none is available, to any interested purchaser. If no moderate-income
purchaser is found for moderate-income units within 60 days, the units
may be sold to any purchaser. Regardless of the income of the purchaser,
the resale controls shall remain in effect for subsequent resales.
G.
Eligibility. Sale or rental of low- and moderate-income dwelling
units shall be on the basis of income and residency of applying eligible
households.
(1)
The developer shall agree not to impose any residency requirements
upon perspective renters or purchasers of any low- and moderate-income
units. The developer shall agree not to impose age requirements upon
occupants of low- and moderate-income units, except for set-aside
units designated for senior citizen housing in the AH-4 District.
Set-aside units for senior citizens shall constitute a total of no
more than 109 units.
(2)
Where the number of applicants exceeds the number of low- and moderate-income units available, the sale or rental of such units shall be in accordance with the date of application submitted, with earlier applicants being given preference over later applicants. The distribution of available units shall be consistent with the proportion of income categories as provided in Subsection A above.
(3)
All applicants for the purchase or rental of low- and moderate-income
units shall meet the income qualifications established in this article
at the time the application is filed and shall be qualified at the
time of taking title or occupancy.
(4)
In a multifamily development under management of a single landlord,
all tenants of rented low- and moderate-income units shall be required
to give proof of continued income qualification the first and each
subsequent anniversary date of taking occupancy. A tenant shall cease
to remain qualified if the total household income exceeds 125% of
the moderate-income limit. Any tenant household not remaining so qualified
on the first or subsequent anniversary date of taking occupancy shall
be required to vacate the rented unit upon nine months' written notice
if there is a qualified applicant available for such unit; provided,
however, that a household that ceases to meet the qualifications as
a low-income household, but does meet the qualifications as a moderate-
income household, may continue to occupy the unit, and the next unit
to become available which is owned by the same owner as the unit changing
from low- to moderate-income occupancy shall be rented to a low-income
household. Upon the issuance of the written notice to vacate, the
limitation of rental charges as set forth in this article shall cease
to apply, and, until the subject unit is vacated, the owner shall
be entitled to an increase in rent, provided that the increase does
not exceed 30% of the amount by which the tenant's income exceeds
the current maximum income limitation for a moderate-income household.
In the implementation of this subsection income limitations shall
be as adjusted for household size.
H.
Administration; deed restrictions.
(1)
The Township may administer these controls directly or may enter
into an agreement with a nonprofit corporation or other governmental
entity or may permit the developer to administer these controls, either
directly or through a nonprofit entity established by the developer,
but in no event may the Township require the developer to administer
these controls as a condition of approval, nor may the resale controls
be administered merely by the existence of a deed restriction on the
property.
(2)
Resale controls shall be embodied in a deed restriction on the
property that shall be submitted by the developer at the time of preliminary
site plan approval and shall be subject to approval by the Township
Attorney and the administering agency. All deed restrictions shall
be consistent with all of the provisions of this section and with
any regulations or guidelines adopted by the administering agency.
A developer in an AH Zone may request the Planning Board and/or the Township to further increase densities, waive or modify cost-generating requirements in this Chapter 230, waive or reduce fees or grant tax abatement to the extent authorized by law, if the developer determines that such actions are necessary to provide the 22% low- and moderate-income housing. A developer may choose one of three impartial housing experts from a list prepared by the Planning Board and have the expert make recommendations, at the expense of the developer, on the necessity for the proposed waivers, modifications or other actions. The expert shall also consider whether the requirement for which the waiver or modification is sought is a necessary minimum standard required for public health and safety. In the event that the expert determines that even after full municipal cooperation it is not economically feasible for the developer to provide the full amount of affordable low- and moderate-income units as defined in Article VIII of this chapter, the expert may recommend that the developer provide 13% moderate-income and 9% low-income units. Such a modification in the low- and moderate-income obligation shall not be approved unless the expert determines that the Township has substantially complied with his recommendations for municipal actions to reduce costs. In the event that the Planning Board declines to accept one or more of the recommendations of the expert, it shall detail its reasons in writing.
[1]
Editor's Note: Former § 230-184, Montville Housing
Committee, was repealed 8-13-2019 by Ord. No. 2019-28.
