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Township of Denville, NJ
Morris County
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Table of Contents
Table of Contents
[Added 6-26-2018 by Ord. No. 15-18]
The following uses shall be principal permitted uses in the T-5 Zone:
A. 
Single-family homes.
B. 
Townhouses.
C. 
Vertical flats.
D. 
Interlocking dwellings.
Any and all uses of land that are customarily, habitually, and by long practice, as established by reasonable association with, incidental and subordinate to the principal use of the property, including, but not limited to, the following:
A. 
Decks.
B. 
Patios/terraces.
C. 
Gatehouse/guard booth/welcome booth.
D. 
Clubhouse.
E. 
Maintenance building.
F. 
Pool.
G. 
Passive and active recreation.
H. 
Open space.
I. 
Off-street parking.
J. 
Private garages.
K. 
Signs.
L. 
Retaining walls/fences.
M. 
Utilities and other essential services.
A. 
For single-family residential development, the bulk standards found in the R-3 Zone shall apply.
B. 
For multifamily dwellings, the following bulk standards shall apply:
(1) 
Minimum residential building setbacks from external property lines: 50 feet.
(2) 
Minimum accessory buildings from external property lines.
(a) 
From residential zoned land: 50 feet.
(b) 
From POS zoned land: 20 feet.
(3) 
Minimum front yard.
(a) 
Twenty-five feet from any internal cartway.
(b) 
Eight feet from parking field.
(4) 
Minimum distance between buildings. For the purpose of this article, the front of a multifamily building shall be defined as that portion of the structure that has access to the driveway and the rear shall be that portion of the structure that contains a patio/deck. Any other side of the building shall be a side.
(a) 
Twenty-five feet between side and side.
(b) 
Thirty-five feet between rear and rear.
(c) 
Forty feet between side and rear.
(d) 
Sixty feet between side and front.
(e) 
Seventy-five feet between front and rear.
(f) 
Eighty feet between front and front.
(5) 
Minimum distance between residential building and retaining walls.
(a) 
From the closest point of the structure (which includes decks): 14 feet.
(b) 
From the closest wall of the dwelling unit: three vertical feet for each foot of wall height.
(6) 
Allowable projections into yards or building envelope. If no separate lots are created, architectural features such as bay windows, cornices, eaves, window sills, steps, overhangs, other building protrusions or architectural features, provided that said feature does not project more than 24 inches. Ramps designed in accordance with the Americans with Disabilities Act are not considered a building appurtenance and are not regulated by this section.
C. 
Coverage.
(1) 
Maximum building coverage: 25%.
(2) 
Maximum impervious coverage: 65%.
(3) 
Minimum open space or landscaped areas: 25%.
(a) 
In computing the open space requirement, common recreation areas accessory to the residential use and required buffer areas, environmentally sensitive lands and stormwater facilities shall be included.
(b) 
Any open space as provided herein shall be owned and maintained by the homeowners' association or condominium association in accordance with the provision of N.J.S.A. 40:55D-43.
D. 
Maximum building height.
(1) 
Three-and-one-half stories.
(2) 
Forty-five feet.
E. 
Maximum units per building:
(1) 
Townhouses: eight per building.
(2) 
Vertical flats/interlocking apartments: 12 per building.
F. 
Maximum length of building: 190 feet.
G. 
Maximum density: five units per acre.
A. 
Buildings shall have architectural features, finishes and patterns that provide visual interest.
B. 
The overall design of the project shall have a unified theme, displayed through the application of common building materials such as brick, cultured stone and wood.
C. 
Trash. Each dwelling unit must be designed so as to have a dedicated location for the interior storage of trash or designed in such a way that said trash shall be stored in a dedicated exterior storage facility. If there is no interior trash storage provided for, said external facility shall be constructed in such a way as to be a part of the building with no distinction between construction material, shall be designed for the trash of a single unit, and designed in such a way as to prevent wildlife from gaining access. In no instance shall trash be stored outside and in no case shall dumpsters be permitted.
D. 
Mailboxes. Mailboxes must be provided in either gang mailboxes or located in a clubhouse, or other type of facility.
E. 
Lighting. The lighting requirements shall comport with § 600-177, Outdoor lighting, of this chapter.
F. 
Utility meters. All utility meters may be located in the interior of the building, provided that said meters are located within a common area and not within an individual dwelling unit. If utility meters are located on the exterior of a structure, landscaping must be provided in the vicinity to aid in the screening of said meters.
G. 
Air-conditioning units, emergency generators, or other sound-producing equipment. Any emergency generators, air-conditioning units, or other sound-producing equipment must be adequately screened by either fencing or landscaping so as to reduce its impact to surrounding land uses.
H. 
Signage.
(1) 
With the exception of street signs, traffic control signs, and building identification signs, there shall be a single development identification sign permitted. Said identification sign shall be a ground-mounted monument sign, a freestanding sign or, if an accessory building is utilized for a guard booth/welcome booth, a wall sign may be permitted.
(2) 
A proposed monument or freestanding sign shall be located on the property, but outside any required sight triangle area, and shall contain no more than 24 square feet per side and no more than two sides. A proposed monument or freestanding sign shall not exceed three feet in height from the base of the sign and may be externally lit.
(3) 
A proposed wall sign may be permitted if a guard booth/welcome booth is proposed, or if a retaining wall is proposed, where said sign is incorporated into this accessory structure. This wall sign shall contain no more than 24 square feet and may be externally lit. No development identification may be permitted on any building that houses a dwelling unit, garage or clubhouse.
I. 
Fences and walls. Fences, walls, and retaining walls shall be permitted, provided that no fence or freestanding wall shall exceed six feet in height, unless located in the front yard between a principal building and any street or roadway, in which case no fence or freestanding wall shall exceed four feet in height. Retaining walls may exceed six feet in height, where the approving board finds that the additional wall height outweighs the amount of disturbance a tiered or multiple-tiered wall would require. The approving board may, in appropriate situations, require such walls to provide landscaping to be planted in front of or atop such walls in order to reduce their visual impact. In no case shall a retaining wall exceed eight feet in height. For the purpose of applying height limits, multiple, staggered or tiered walls, and/or wall/fence combinations shall be considered single units unless the horizontal distance between the top of any section or tier shall meet or exceed five feet.
J. 
Access.
(1) 
If only one permanent point of access is proposed, an emergency access point must be provided through the use of grass pavers or other suitable methods or a boulevard access point must be utilized. If a second point of access is not available, no guard house or restricted access is permitted.
(2) 
If gates or other methods of excluding the vehicular traffic are proposed, the application must provide adequate provisions for emergency vehicles as well as turnaround provisions for visitors who have been refused entry.
A. 
The applicant shall provide and maintain a landscaped buffer area within the T-5 Townhouse Zone which shall be no less than 25 feet in width from all exterior lot lines of the tract. Where said buffer abuts land in the POS Zone or another inclusionary development site, said buffer can be reduced to a minimum of 20 feet. When natural vegetation within the buffer is sparse or non-existent, the landowner shall be required to provide a year-round visual screen as determined by the Planning Board.
B. 
No use or structure, including parking or loading areas but excluding fences, retaining walls, detention, retention and drainage facilities and utility structures, shall be permitted within the required buffer area.
C. 
Regrading within the buffer area. Every effort shall be made to minimize the amount of regrading within the buffer area.
A. 
_____
(1) 
The maximum permitted disturbance of slope areas as defined in § 600-175F(1) shall be modified to allow for the following:
Slope
Maximum Permitted Disturbance of Slope Area [entire lot(s)]
(percentage)
Less than 15%
100
15% to 19.9%
50
20% to 24.9%
25
25% to 29.9%
10
30% or more
0
(2) 
The column entitled "Permitted Development Activity" from the table in § 600-175F(1) is not included in, and is not applicable to, this section because this section regulates all development activities equally per slope classification.
B. 
Should the applicant prove that it is not possible to achieve the maximum density (or 120 units whichever is achieved first) on the subject property without receiving a variance from this section, the approving board shall grant, as minimally invasive as possible, variances to achieve the maximum density. This relaxation of standards shall only be available for a maximum of 65% of the subject property or properties. Any further variance request for incursion into steeply sloping lands must follow the traditional variance procedures afforded by the Municipal Land Use Law.
A. 
Street requirements. The requirements of N.J.A.C. 5:21 et seq. (Residential Site Improvement Standards) shall govern the design of streets unless a de minimus exception from such requirements is approved by the Board.
B. 
Off-street parking requirements.
(1) 
Parking spaces shall be provided for each dwelling unit in accordance with N.J.A.C. 5:21 (Residential Site Improvement Standards).
(2) 
Each townhouse dwelling unit shall include one garaged parking space which is assigned to said unit.
(3) 
Each pair of affordable interlocking dwelling unit shall include one garaged parking space which is assigned to one of the two affordable housing units. A surface parking space shall be dedicated and assigned to the remaining affordable housing unit from the interlocking pair.
(4) 
Parking for persons who are disabled shall be provided as required by state and federal law.
(5) 
All parking shall be adequately landscaped, lighted and conveniently located relative to the housing to be served. Under no circumstances shall parking be more than 300 feet from the housing to be served.
C. 
Utility improvements.
(1) 
All developments shall be served by public water and public sanitary sewerage systems.
(2) 
All utility improvements shall be located within a street right-of-way or within a utility easement, including storm drainage systems, sanitary sewerage collection and disposal systems and water supply and distribution systems, and shall be subject to review and approval by the Township in accordance with the standards and procedures established at N.J.A.C. 5-21 et seq. (Residential Site Improvement Standards) and subject to review and approval by the New Jersey Department of Environmental Protection as well as appropriate county and other state agencies, where applicable. Water supply and sanitary sewer collection and distribution facilities shall also be subject to review and approval by the Township Engineer and Fire Department and the Denville Water and Sewer 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 and shall be located within a street right-of-way or within a utility easement. If such underground facilities cannot reasonably be provided throughout the development due to topographic or geological conditions of the land or due to technical circumstances, and if the landowner shall adequately demonstrate the lack of feasibility of such undertaking, an exception to this requirement may be granted by the Planning Board.
D. 
Emergency facilities. All housing developed within the T-5 Townhouse Zone shall be suitably designed to facilitate emergency access by police, firefighting and ambulance service vehicles.
E. 
Sidewalks. Sidewalks shall be provided within the development in accordance with the RSIS except that the Planning Board, in its reasonable discretion, may approve the substitution of pedestrian walkways not paralleling streets where appropriate.
To the extent that any provisions found in Article LIV, Low- and Moderate-Income Housing Requirements, are found to be inconsistent with this article, the provisions of this article shall govern.
A. 
Development must provide affordable housing consistent with the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. (FHA); applicable regulations of the New Jersey Council on Affordable Housing (COAH); applicable requirements of the courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency (NJHMFA), including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (UHAC).
B. 
All said affordable units shall be constructed on site and integrated among buildings throughout the development so that such buildings contain a mix of affordable and market rate units. Affordable units shall also be constructed to be indistinguishable from market rate units from the exterior of the building.
C. 
20% of all for-sale residential units developed with the T-5 Townhouse Zone shall be reserved for occupancy by very-low-income, low-income and moderate-income households.
D. 
15% of all rental residential units developed with the T-5 Townhouse Zone shall be reserved for occupancy by very-low-income, low-income and moderate-income households (hereinafter "affordable units").
E. 
At least 50% of the affordable units will be available to very-low-income and low-income households and the remainder of which will be available to moderate-income households as defined in the FHA and UHAC and other applicable statutes and regulations. A minimum of 13% of the affordable units will be made available to very-low-income households, defined as households earning 30% or less of the regional median income by household size.
F. 
Bedroom distribution:
(1) 
In any multifamily development, there shall be the following distribution of bedrooms in affordable units:
(a) 
One bedroom: a maximum of 20% of the affordable units.
(b) 
Three bedrooms: a minimum of 20% of the affordable units.
(c) 
Two bedrooms: the balance of the affordable units.
G. 
The phasing applicable to the affordable units shall follow regulations established at N.J.A.C. 5:93-5.6(d).[1]
[1]
Editor's Note: N.J.A.C. 5:93-5.6(d) expired on October 16, 2016.