[Added by Ord. No. 19-88]
[Amended by Ord. No. 10-90]
The following uses are principal permitted uses within the T-1
Townhouse Zone.
A.
Townhouses and patio houses;
B.
Townhouse-duplex combinations;
C.
Triplexes;
D.
Quadruplexes;
E.
Public and private educational facilities;
F.
Churches and other places of worship, including parish houses, Sunday
school buildings and other similar uses;
G.
Public utilities and essential services;
H.
Parks, playgrounds, firehouses and library or municipal buildings;
I.
Indoor and outdoor recreational facilities.
Permitted accessory uses shall include off-street parking, signs
as provided herein and other uses customarily incidental to a principal
permitted use.
[Amended by Ord. No. 16-89]
A.
Minimum lot area. The minimum lot area shall be 54 acres.
B.
Minimum lot width. The minimum lot width shall be 300 feet measured
at the required front yard setback line.
C.
Minimum front yard. The minimum front yard setback shall be 50 feet
from any external property line. The required front yard setback line
from any internal street or roadway shall be 30 feet.
D.
Minimum side yard. There shall be a minimum side yard of 50 feet from all external property lines except in those instances where a modification in a reduction of the buffer zone is permitted, the side yard setback may be reduced to 30 feet. The relationship of side yards from building to building on site shall be governed by § 600-291 herein.
E.
Minimum rear yard. There shall be a minimum rear yard of 50 feet from all external property lines except in those instances where a modification in the reduction of the buffer is permitted, the rear yard setback may be reduced to 30 feet. The relationship of rear yards from building to building on site shall be governed by § 600-291 herein.
F.
Maximum lot coverage. The maximum improved lot coverage for all buildings
and man-made improvements shall be 65%.
G.
Maximum building height. The maximum building height shall be three
stories or 42 feet. There shall be no dwellings that constitute a
basement or cellar apartment and no building shall contain more than
three living floors one above the other. There shall not be any "loft"
space above a third floor level.
[Amended by Ord. No. 10-90]
A.
Overall residential density.
(1)
The maximum permitted number of residential dwellings shall
be 420 and the maximum residential density for the T-1 Townhouse Zone
shall be no greater than eight dwelling units per acre.
(2)
For the purpose of this section, internal streets, roads and
rights-of-way shall be included in the acreage calculations.
B.
Low- and moderate-income housing.
(1)
The applicant for townhouse development shall be required to
fund a regional contribution agreement in accordance with the agreement
between Alpine Associates and the Township of Denville as executed.
(2)
In the event the regional contribution agreement is totally funded and implemented, the applicant for townhouse development shall not be required to construct low- and moderate-income housing in Denville. In addition to the requirement to fund the regional contribution agreement, the regional contribution agreement shall also be subject to implementation of the AH Zone and the construction of a specified number of housing units as noted in Article XLV, AH Affordable Housing Zone, herein.
(3)
In the event the regional contribution agreement is not forthcoming
or cannot be executed, then the applicant for townhouse development
shall be granted "a builder's remedy" and shall be required to construct
420 dwelling units of which 20% shall be constructed for low- and
moderate-income families.
(4)
If only a portion of the regional contribution agreement is
effectuated, then the applicant shall be required to construct a proportional
amount of low- and moderate-income housing equal to the inverse proportion
of the number of units transferred under the RCA agreement.
C.
Distribution of low- and moderate-income dwelling units. Within the
T-1 Townhouse Zone, any low- and moderate-income housing that is required
to be constructed on site shall allocate 50% of the affordable housing
units for moderate-income households and 50% for low-income households,
as defined herein.
D.
Distribution of dwelling types.
(1)
Within the T-1 Townhouse Zone, there shall be a minimum of two
types of dwelling units. These units may be constructed as townhouses,
patio houses, townhouse-duplexes, triplexes and quadruplexes, provided
they comply with the minimum and maximum standards of this section
as provided herein.
(2)
Within the T-1 Townhouse Zone, if low- and moderate-income housing
units are to be constructed on site, there shall be no economic segregation
of dwelling units separating lower income units from marketplace units.
(3)
Within the T-1 Townhouse Zone, at least 4% of the dwelling units
shall be designed for occupancy by persons who are disabled, in accordance
with standards promulgated by the federal Department of Housing and
Urban Development or the New Jersey Department of Community Affairs.
(4)
Percent of dwelling types.
(a)
Distribution of residential units within the T-1 Townhouse Zone,
of low- and moderate-income housing units are to be constructed on
site, the required distribution of house units shall be governed by
the following:
|
Percentage of Low- and Moderate-Income Housing Units
(percent)
| |
|---|---|
|
1 bedroom and efficiency1
|
50
|
|
2 bedrooms
|
35
|
|
3 bedrooms
|
15
|
|
Total
|
100
|
|
1
|
No more than 20% of the units may be efficiency units.
|
(b)
In the event low- and moderate-income housing is constructed
on site, senior citizen housing shall not be permitted as a mandatory
set-aside.
(5)
Timing of development. Within the T-1 Townhouse Zone, where
low- and moderate-income housing is constructed, the development of
low and moderate units and marketplace units shall be as follows:
|
Percentage of Total Development
| |
|---|---|
|
Marketplace Residential Development
(dwelling units)
|
Low- and Moderate-Income Residential Development
(dwelling units)
|
|
0 to 19
|
0
|
|
20 to 39
|
0 to 19
|
|
40 to 59
|
20 to 39
|
|
60 to 79
|
40 to 69
|
|
80 to 100
|
70 to 100
|
(6)
Within the T-1 Townhouse Zone, if low- and moderate-income housing
is constructed on site, the construction of low- and moderate-income
units shall be the responsibility of the applicant. Any plan for such
development shall be subject not only to the regulations of this chapter,
but also is subject to site plan and subdivision approval by the Planning
Board.
[Amended by Ord. No. 16-89; Ord. No. 10-90]
In the T-1 Townhouse Zone where dwelling units are not being
subdivided into individual lots, the following shall be the minimum
distance between buildings:
A.
The front of one building to the front of another building: 70 feet.
B.
The front of one building to the side of another building: 40 feet.
C.
The front of one building to the rear of another building: 75 feet.
D.
The side of one building to the side of another building (other than
an attached unit): 30 feet.
E.
The side of one building to the rear of another building: 40 feet.
F.
The rear of one building to the rear of another building: 60 feet.
G.
The maximum length of a building unit containing townhouses shall
be: six dwelling units or 180 feet in length.
H.
The maximum length of a building unit containing townhouses and duplexes
or flats shall be: 10 dwelling units in the total structure or 200
feet in length.
[Amended by Ord. No. 10-90]
A.
At least 25% of the total land area within the T-1 Townhouse Zone
shall be designed for and devoted to open space. In computing such
25% requirement, common recreation areas accessory to the residential
use and required buffer areas shall be included.
B.
A minimum of 10% of the total land area shall be designed for active
and passive recreational uses. These uses may include softball, soccer,
football, basketball or similar recreational uses, swimming facilities,
tennis courts as well as less active pursuits such as sitting areas,
shuffleboard, etc.
C.
Open space as provided herein shall be owned and maintained by the
homeowners' association in accordance with the provisions of N.J.S.A.
40:55D-43.
[Amended by Ord. No. 16-89; Ord. No. 10-90]
A.
Street requirements.
(1)
Right right-of-way and pavement widths of all internal streets,
roads and vehicular-traveled ways shall be determined from sound planning
and engineering standards in conformity to estimated needs of the
full proposed development and the traffic to be generated thereby.
They shall be adequate in size, loading and design to accommodate
the maximum traffic, parking and loading needs and access for firefighting
and police vehicles.
(2)
All private internal residential roads and streets shall contain
a minimum pavement width of 24 feet for two-way streets and 20 feet
for one-way streets. Collector roadways shall minimally contain a
pavement width of 30 feet. All public streets shall minimally meet
the Township of Denville street standards.
(3)
All streets and roads, either dedicated public streets or privately
owned and maintained, or any combination thereof, shall be subject
to the laws of the Township of Denville as to the construction of
the roadway.
(4)
Where an Official Map or master plan, or both, have been adopted,
the proposed street system shall conform to the proposals and conditions
shown thereon except as may be modified by the Planning Board or governing
body, as provided by law.
B.
Utility improvements.
(1)
The T-1 Townhouse Zone shall be served by a centralized water
and sanitary sewerage system as defined herein.
(2)
All utility improvements, including storm drainage systems,
sanitary sewage collection and disposal and water supply systems,
shall be in accordance with standards and procedures as established
by local, county and state regulations. Said improvements shall be
subject to review and approval by the New Jersey Department of Environmental
Protection, the Township Engineer and the Department of Health and
Social Services, where applicable, as well as appropriate county and
state agencies, where applicable. Water supply facilities shall be
subject to review and approval by the Township Engineer and Fire Department,
and the Denville Water Department.
(3)
Electric, gas and telephone service shall be provided by the
developer in concert with the appropriate public utilities providing
such service. Said service shall be provided as part of an underground
system.
(4)
If such underground facilities cannot be reasonably provided
due to topographic or geological conditions of the land due to technical
circumstances, and if the landowner shall adequately demonstrate the
lack of feasibility of such an undertaking to the satisfaction of
the Board of Public Utilities, a waiver of this requirement may be
granted by the Planning Board.
C.
Off-street parking requirement.
(1)
Within the T-1 Townhouse Zone, a minimum of two parking spaces
shall be provided for each dwelling unit. In addition, there shall
be provided 0.5 parking space for each dwelling unit which shall be
conveniently located for common-area off-street parking.
(2)
Each townhouse, townhouse-duplex, triplex, quadruplex or patio
house shall minimally provide one enclosed parking space for each
dwelling unit.
(3)
Each parking space shall be provided at a width of nine feet
and a length of 20 feet.
(4)
Parking for persons who are disabled shall be provided with
a minimum width of 12 feet and a length of 20 feet.
(5)
Aisle widths for all 90° parking shall minimally be 24 feet
wide.
(6)
Said parking will be suitably landscaped, screened, lighted
and conveniently located to the housing to be served. Said parking
will also be suitably graded and improved and provided with adequate
drainage facilities.
(7)
Except where parking is provided within the residential structure,
no general parking area shall be located closer than 10 feet to a
residential building.
D.
Emergency facilities.
(1)
All housing developed within the T-1 Townhouse Zone shall be
suitably designed for emergency assistance if necessary.
(2)
No housing unit shall be inaccessible to emergency service facilities,
notably police, firefighting, and ambulance service.
(3)
Every principal doorway to a housing unit shall face or front
upon a concrete, macadam or other similarly improved area capable
of supporting a fire engine, ambulance or other similar emergency
vehicle.
(4)
In no event shall a housing unit be constructed back-to-back
or side-to-back where the principal or sole access to said dwelling
unit does not have direct frontage upon a street or driveway.
E.
Environmental standards.
(1)
Buffer area.
(a)
The applicant shall provide and maintain a buffer area within
the T-1 Townhouse Zone which shall be no less than 50 feet in width
from all external lot lines of the site. Such buffer zone shall be
kept in its natural state where wooded. When natural vegetation is
sparse or nonexistent, the landowner shall be required to provide
a year-round visual screen as determined by the Planning Board.
(b)
Upon specific findings of particular circumstances related to
conditions of topography, natural features, lot configuration, natural
vegetation or the lack of same, soil conditions, drainage or other
similar site characteristics, or where said proposed development is
compatible with existing development, the Planning Board may decrease
the required buffer area as stated herein to a minimum width of 25
feet or may increase the required buffer to a maximum width of 100
feet.
(c)
A modification shall also be permitted in the buffer zone as
noted herein. This modification would permit a minimum average buffer
requirement along all external property lines where the average buffer
provided shall be a minimum of 50 feet and further provided no portion
of any buffer shall be less than 30 feet. Moreover, no more than 4%
of all housing units shall be permitted to include into the buffer
area of less than 50 feet. No more than 6% of the perimeter area of
the buffer shall be permitted to be less than 50 feet in width along
all sections of the property abutting all residentially zoned land.
(d)
Within the buffer area, there shall be no loss of existing trees
or other forms of vegetation, no regrading of soils, construction
of retaining walls or construction of underground utilities or development
of retention or detention basins shall be permitted. The only intrusion
into the mandatory buffer area is the extension of roads and utilities
perpendicular to the mandatory buffer area. No use or structure including
parking and loading areas, shall be permitted within the mandatory
buffer area.
(2)
Steep sloping areas. No development shall be permitted in an
area in which the slope gradient is 15% or greater except for connecting
roadways and utilities.
(3)
Wetland areas. No development shall be permitted within any
area classified as a wetland area of one acre or more in size unless
a duly approved alternative mitigating procedure is provided and approved
by the appropriate authority.
(4)
Floodplain designation. No principal use of any site within
the floodplain area, including housing, shall be permitted. Recreation
use and a limited amount of soil movement shall be permitted within
the floodplain area subject to Township Engineer and N.J.D.E.P. approval,
if applicable.[1]
[1]
Editor's Note: Former Section 19-5.25A, T-2 Townhouse Zone
(also known as T-10 Townhouse Zone), which previously followed this
section, was repealed by Ord. No. 36-99.
