[Amended 8-14-2012 by Ord. No. 2012-22; 12-9-2014 by Ord. No. 2014-33; 4-9-2019 by Ord. No. 2019-08[1]]
[1]
Editor's Note: This ordinance also changed the title of this
Article from "B-6 Business District" to "AHR-1 Affordable Housing
Redevelopment District."
The goal of the Affordable Housing Redevelopment 1 (AHR-1) Zone
is to redevelop the subject area with attractive, high quality non-age-restricted
inclusionary residential development, and associated site improvements,
in a manner that affirmatively addresses Montville's affordable housing
need, while at the same time complements the site's surrounding development
pattern and conditions. This area shall be planned pursuant to the
recommendations of the Non-Condemnation Redevelopment Plan adopted
for the subject area, which is attached hereto as Exhibit A and on
file in the Township Clerk's office.
B.
Accessory uses. The following accessory uses are permitted in the
AHR-1 Zone:
(1)
Off-street parking, including surface parking and parking garages.
(2)
Fences and walls.
(3)
Signs.
(4)
Buildings for storage of maintenance equipment.
(5)
Private recreation buildings and facilities, including swimming
pools, workout rooms, outdoor pet parks, common areas and the like,
intended for use by residents of the premises.
(6)
Trash and recycling facilities intended for use by residents
of the premises.
(7)
Leasing and management offices.
(8)
Model apartment, which shall not be used for residential occupancy
and which shall be utilized solely for perspective tenants to view.
(9)
Other accessory uses normally incidental to multifamily residential
developments.
A.
Area, bulk and density requirements. The following area, bulk and
density requirements shall apply to all development within the AHR-1
Zone:
|
Requirement
|
AHR-1 Zone
|
|---|---|
|
Minimum lot area
|
35 acres
|
|
Maximum density
|
9 units per acrea
|
|
Minimum setback to building:
| |
|
From Route 46
|
100 feet
|
|
From Old Bloomfield Avenue
|
100 feet
|
|
From Maples Avenue
|
200 feet
|
|
From Other Lot Lines
|
100 feet
|
|
Minimum setback between principal buildings
|
30 feet
|
|
Maximum number of dwellings per building
|
No maximum
|
|
Maximum building height
|
58 feet/4 1/2 storiesb
|
|
Maximum building coverage
|
20%
|
|
Maximum impervious coverage
|
35%
|
|
Minimum open space
|
65%
|
|
NOTES:
| |
|
a
|
This density permits a total of 349 residential units, not including the model unit which shall not count towards the total unit count because, per § 230-192B(8), the model unit shall never be utilized for residential occupancy.
|
|
b
|
Within the AHR-1 Zone, any loft, mezzanine, or attic space,
which is under a pitched roof or dormer, shall be deemed a half-story
for the purposes of establishing the building height in stories. Parking
garage levels shall not be counted as stories for the purposes of
establishing the building height in stories, provided that the height
of the garage in feet does not exceed the height of the principal
building in feet.
|
B.
Affordable housing requirements.
(1)
All multifamily residential developments constructed in the
AHR-1 Zone shall be required to set aside a minimum percentage of
units for affordable housing. The minimum set aside shall be 15% of
the total units constructed (excluding the model unit), which set-aside
shall be provided as affordable rental units. When calculating the
required number of affordable units, any computation resulting in
a fraction of a unit shall be rounded upwards to the next whole number
if said fraction is equal to or greater than 0.5 unit, or downwards
to the next whole number if said fraction is less than 0.5 unit.
(2)
All affordable units to be produced pursuant to this section
shall comply with the required bedroom distribution, be governed by
controls on affordability, and affirmatively marketed in conformance
with the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C.
5:80-26.1 et seq.), or any successor regulation, with the exception
that in lieu of 10% of the affordable units in a rental project being
required to be at 35% or less of regional median income by household
size, 13% of affordable units in such projects shall be required to
be at 30% of regional median income by household size.
(3)
Deed restriction period. All affordable units shall be deed
restricted for a period of 30 years from the date of the initial occupancy
of each affordable unit (the "Deed-Restriction Period"). The affordability
controls shall expire only after they are properly released by the
Township and/or the Township's Administrative Agent at the Township's
sole option in accordance with N.J.A.C. 5:80-26.11 for rental units.
(4)
Administrative Agent: All affordable units shall be administered
by a qualified Administrative Agent paid for by the developer.
(5)
Other affordable housing unit requirements: The affordable units
shall be generally dispersed between and within all of the buildings
on site, and shall be specifically identified at the time of site
plan application.
C.
Open space.
(1)
A minimum of 65% of the entire tract shall be retained as common
open space. This may include active or passive recreation or public
uses made up of undeveloped land, open space areas, and environmentally
constrained lands.
(2)
Any portion of the tract that is within 600 feet of the main
branch of the Passaic River shall be preserved as permanent open space.
Said land area shall be counted towards the common open space requirement
and shall, at the option of the developer, be conveyed to the Township
of Montville, if acceptable to the Township, conveyed to an organization
established expressly for the ownership and maintenance of such open
space, or the open space shall be established by filing of maps showing
the dedication of the land for such open space purpose. Regardless
of the method used, such land shall be set aside in perpetuity for
the use of the residents of the development and such other persons
as may be permitted.
(3)
A physical pedestrian linkage may be provided for residents
of the development to access permanent open space features either
on site or on adjacent properties.
(4)
Lands set aside as permanent open space shall be counted as
part of the total lot area for the purposes of determining consistency
with area, bulk, and density standards.
D.
Off-street parking and circulation.
(1)
The minimum number of off-street parking spaces required within
the AHR-1 Zone shall be as required per the Residential Site Improvement
Standards (RSIS). Any deviations therefrom will require a de minimis
exception, but not variance relief. Reduced parking standards, supported
by a parking study, may be considered at the discretion of the approving
body.
(2)
All parking and traffic aisles shall be set back at least 100
feet from all property lines, except for those driveway aisles providing
access to and from the site.
(3)
Parking and traffic aisles shall be set back at least 10 feet
from all buildings, except for parking which is provided in a parking
garage or which extends continuously into or under a building from
outside the building.
(4)
Parking garages shall be regulated per § 230-157, provided that parking garages in the AHR-1 Zone shall not be required to provide a green roof, and further provided that parking garages in the AHR-1 Zone shall not be required to use the same architectural design and materials as the principal building, unless the parking garage is exposed to surrounding properties.
(5)
There shall be no vehicular site access from Maple Avenue.
(6)
Provision shall be made for pedestrian and bicycle access to
and from the site via Old Bloomfield Avenue.
(7)
Bicycle parking shall be provided at a minimum ratio of one
bike space per 15 units.
E.
Signage. Signage requirements for the AHR-1 Zone shall be consistent with the general sign regulations set forth in Article XXVII, Signs, as well as the following specific requirements for the AHR-1 Zone:
(1)
At the main entrance to the development, one freestanding sign
that shall not exceed 40 square feet in area and eight feet in height.
(2)
At each entrance, other than the main entrance, one freestanding
sign that shall not exceed 32 square feet in area and six feet in
height.
(3)
Two leasing signs may be located in a visible location along
the Route 46 frontage. One additional leasing sign may be located
at the Old Bloomfield Road entrance to the property. Each sign shall
not exceed 32 square feet in area. The leasing signs may contain information
about the development only and may not be used for other unrelated
purposes. Leasing signs along Route 46 may be double sided as to be
seen from Route 46 East and West in which case each panel shall not
exceed 32 square feet. All leasing signs shall be removed prior to
and as a condition of the redeveloper obtaining a certificate of completion.
F.
Landscaping.
(1)
A landscape plan shall be required, which shall be designed
to incorporate a variety of plant material to enhance the character
of the site, and shall include foundation plantings and perimeter
trees and shrubs, as depicted in schematic form on the accompanying
concept plan.
(2)
A substantive planting plan for the site's street frontage shall
also be provided and shall consist of a variety of deciduous and evergreen
trees, plants and shrubs. The design should be prepared to provide
partial screening of the parking lot. Shade trees shall be minimally
2 1/2-inch to three-inch caliper. Evergreen trees shall vary
between seven to eight feet and eight to 10 feet in height. Shrubs
shall be at least 24 inches in height.
(3)
Interior lot landscaping shall be required consistent with § 230-85B. The types of plant material provided on site shall comply with the species set forth at § 230-95C(4) and (5). Perennial and annual flower beds shall be incorporated into the landscape design plan.
H.
General design standards.
(1)
Design: Building plans and elevations shall show a variation
in design to be achieved by the types of roof, heights of eaves and
peaks, building materials and architectural treatment of the building
facade that is utilized. The following design standards shall be utilized:
(a)
Architectural elements such as varied roof forms, articulation
of the facade, breaks in the roof, and walls with texture materials
and ornamental details should be incorporated to add visual interest.
(b)
Roof height, pitch, ridgelines and roof materials should be
varied to create visual interest and avoid repetition.
(c)
Architectural elements such as fenestrations and recessed planes
should be incorporated into facade design. Architectural treatment
shall be applied to all elevations of a building.
(d)
A variety of building colors, materials and textures are encouraged.
(e)
Architectural features that enhance the facade or building form,
such as decorative moldings, windows, shutters, dormers, chimneys,
balconies and railings, are encouraged.
(f)
Awnings and canopies are permitted at the ground level.
(2)
Accessory buildings: Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings. This shall not apply to parking garages, which are regulated under § 230-193D(4) above.
I.
Retaining walls. Notwithstanding anything in this chapter to the contrary, a maximum retaining wall height of 21 feet shall be permitted in the AHR-1 Zone, but only in the vicinity of the entrance drive along Route 46. Any retaining walls proposed elsewhere on site shall be subject to the maximum retaining wall height of six feet as set forth at § 230-159M.
In order to facilitate the construction of new affordable housing
units in Montville Township, and as required under the Fair Housing
Act to reduce unnecessary costs, specifically N.J.S.A. 52:27D-311(h),
development in the AHR-1 Zone shall be exempt from the following requirements
in the Township of Montville Code:
B.
Chapter 230, Attachment 1, Schedule A, Checklist "A", Item 30 - tree study (exemption shall only apply to trees outside of the limit of disturbance).
C.
Any land use activities, including determination of regulated features,
that are under the purview of NJDEP shall not also be regulated by
the Township.
