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Township of Montville, NJ
Morris County
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Table of Contents
Table of Contents
[Added 7-16-2019 by Ord. No. 2019-23]
The goal of the Affordable Housing Redevelopment 2 (AHR-2) 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 for Block 159 Lot 5.01 adopted for the subject area, which is attached hereto as Exhibit A and on file in the Township Clerk's office.
A. 
Principal uses. The following principal uses are permitted in the AHR-2 Zone:
(1) 
Multifamily residential dwellings.
(2) 
Essential public utility and service facilities, including maintenance facilities and structures.
B. 
Accessory uses. The following accessory uses are permitted in the AHR-2 Zone:
(1) 
Off-street parking. Off-street parking, including surface parking and podium parking as defined at § 230-194.3C(2)(a).
(2) 
Shared parking, pursuant to § 230-194.3C(3).
(3) 
Fences and walls.
(4) 
Signs.
(5) 
Buildings for storage of maintenance equipment.
(6) 
Private recreation buildings and facilities, including swimming pools, workout rooms, outdoor pet parks, lounges, rooftop amenities, common areas and the like, intended for use by residents of the premises.
(7) 
Trash and recycling facilities intended for use by residents of the premises.
(8) 
Leasing and management offices.
(9) 
Model apartment, which shall not be used for residential occupancy and which shall be utilized solely for prospective tenants to view.
(10) 
Other accessory uses normally incidental to multifamily residential developments.
C. 
Prohibited uses. Any use or structure other than those uses or structures permitted in Subsection A or B above shall be prohibited.
A. 
Area, bulk and density requirements. The following area, bulk and density requirements shall apply to all development within the AHR-2 Zone:
Requirement
AHR-2 Zone
Minimum lot area
12 acres
Maximum density
22 units per acrea
Minimum setback to building:
From Hook Mountain Road
100 feet
From shared lot line with Lot 5.02
25 feet
From other lot lines
100 feet
Maximum number of dwellings per building
No maximum
Maximum building height
70 feetb / 4 1/2 storiesc
Maximum building coverage
No maximum
Maximum impervious coverage
45%
NOTES:
a
This density permits a total of 295 residential units, not including the model unit which shall not count towards the total unit count because, per § 230-194.2B(9), the model unit shall never be utilized for residential occupancy .
b
Within the AHR-2 Zone, building height in feet shall be measured from the lowest point of the podium parking slab to the highest roof beams on a flat or shed roof, to the deck level on a mansard roof, and to the average distance between the eaves and ridge level for gable, hip and gambrel roofs
c
Within the AHR-2 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. Podium parking shall not be counted as a story for the purposes of establishing the building height in stories; only residential stories shall be counted as a story for the purposes of establishing the building height in stories.
B. 
Affordable housing requirements.
(1) 
All multifamily residential developments constructed in the AHR-2 Zone shall be required to set aside a minimum percentage of units for affordable housing. The minimum set-aside shall be 15% of the first 250 units constructed and 20% of the balance of the total units constructed (excluding the model unit), which set-aside shall be provided as affordable family rental units and shall not be age-restricted. 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) 
Bedroom distribution. Sixty percent of the affordable units created in the AHR-2 Zone shall be two-bedroom units and the remaining 40% of the affordable units created in the AHR-2 Zone shall be three-bedroom units. There shall be no affordable one-bedroom or studio units in the AHR-2 Zone.
(3) 
All affordable units to be produced pursuant to this section shall 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.
(4) 
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.
(5) 
Administrative Agent. All affordable units shall be administered by a qualified Administrative Agent paid for by the developer. Notwithstanding the foregoing, the developer shall not be obligated to pay for any costs associated with the administration of any affordable housing units in the Township other than the affordable units in the Affordable Housing Redevelopment 2 (AHR-2) Zone. Furthermore, the developer shall not be obligated to pay the cost of any municipal housing liaison or any cost incurred by the Township in connection with its monitoring of the developer's administration of the affordable units.
(6) 
Other affordable housing unit requirements. The affordable units shall be generally dispersed within the building on site, and shall be specifically identified at the time of site plan application.
C. 
Off-street parking and circulation.
(1) 
The minimum number of off-street parking spaces required within the AHR-2 Zone shall be 1.5 spaces per dwelling unit. Because this parking requirement deviates from the residential site improvement standards (RSIS), development in the AHR-2 Zone which meets or exceeds 1.5 parking spaces per unit but does not comply with RSIS will require a de minimis exception, but not variance relief.
(2) 
The minimum number of off-street parking spaces required per Subsection C(1) above may be satisfied with a combination of podium parking and on-site exterior surface parking, consistent with the following:
(a) 
Podium parking shall be defined as parking that is provided on the ground level of a building with occupied floors built above which are supported on a concrete podium. The podium parking level shall not be considered a story for the purposes of establishing the building height in stories.
(b) 
On-site exterior surface parking includes all surface spaces located on the property and within the AHR-2 Zone outside of podium parking. Exterior surface parking may consist of existing parking spaces to remain, as well as new exterior surface spaces. Existing spaces to remain shall be exempt from Chapter 230, Article X, Design Standards for Site Plans.
(3) 
Shared parking.
(a) 
A shared parking arrangement shall be permitted with the adjacent office property on Lot 5.02, provided that the parking spaces to be shared shall be located on Lot 5.02 - not Lot 5.01, and further provided that any shared parking spaces shall not be counted toward satisfaction of the minimum parking requirement for the AHR-2 Zone as set forth at Subsection C(1) above.
(b) 
Any shared parking arrangement shall be memorialized in a permanent easement, which instrument shall be recorded with the relevant state or county recording agency.
(c) 
Any change to the uses on either Lot 5.01 or Lot 5.02 shall require a Planning Board determination of the continued adequacy of the shared parking arrangement via site plan approval, or a waiver thereof.
(4) 
All parking and traffic aisles shall be set back at least five feet from all buildings, except for parking and traffic aisles which are provided in podium parking or which extend continuously into or under a building from outside the building.
(5) 
All parking and traffic aisles shall be set back at least 15 feet from all property lines, provided that no set back shall be required from the shared lot line with adjacent Lot 5.02, and further provided that parking and traffic aisles shall be set back at least 20 feet from the R-27A Zone boundary to the north.
(6) 
Access to the AHR-2 Zone shall be from Changebridge Road. There shall be no vehicular site access from Hook Mountain Road. Access for ingress and egress from Changebridge Road shall be via an easement over the existing drive on Lot 5.02 known as Berlex Lane, which may later be renamed. Existing access from Changebridge Road to the site, including existing Berlex Lane, is confirmed to be acceptable in its current constructed alignment and condition. The existing connection of Berlex Lane to Block 157 Lot 4 to the north of the AHR-2 Zone shall also be permitted to remain and shall not be subject to the minimum setback requirements from the R-27A Zone boundary as set forth at Subsection C(5) above.
(7) 
To the maximum extent feasible, provision shall be made for pedestrian access to and from the site via Changebridge Road. The redeveloper of the AHR-2 Zone shall ensure connectivity with existing walkways on adjacent Lot 5.02.
D. 
Signage. Signage requirements for the AHR-2 Zone shall be consistent with the general sign regulations set forth in Article XXVII, Signs, as well as the specific sign regulations for signs permitted in the OB Zone districts as set forth at § 230-218. In addition, the following signage shall be permitted in the AHR-2 Zone:
(1) 
One canopy or awning sign may be provided at the main entrance to the multifamily residential building in the AHR-2 Zone. The height of said signage shall be no more than 1.5 feet and the length of said signage shall be no more than 65% of the length of the canopy or awning to which the sign is affixed. The sign shall be limited to one solid color and may be externally or internally illuminated.
E. 
Landscaping and buffering.
(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.
(2) 
Landscaping and screening shall be provided in accordance with §§ 230-85A and B, except that parking areas in the AHR-2 Zone shall not be required to be screened from adjacent Lot 5.02, and existing surface parking areas and access drives and aisles to remain on the site shall be exempt from these design standards.
(3) 
The portions of the AHR-2 Zone that are within conservation easements and are currently undisturbed shall remain undisturbed and shall serve as a buffer between development to the north and Hook Mountain Road to the east.
F. 
Lighting. All lighting in the AHR-2 Zone shall conform to the provisions of Article X, except as follows:
(1) 
The maximum height of any light source shall be 20 feet.
(2) 
Light intensity shall be permitted to exceed 0.5 footcandle along both the shared lot line with adjacent Lot 5.02 and at driveway or roadway ingress and egress. Light intensity along all other lot lines shall conform to § 230-86E(1).
(3) 
There must be a maximum-to-minimum uniformity ratio of 15:1 over the entire parking area in the AHR-2 Zone.
G. 
General design standards.
(1) 
Design: Building plans and elevations shall show a variation in design to be achieved by the types of building materials and architectural treatment of the building facade that is utilized. The following design standards shall be utilized.
(a) 
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.
(b) 
A variety of building colors, materials and textures are encouraged.
(c) 
Architectural features that enhance the facade or building form, such as decorative moldings, windows, shutters, dormers, chimneys, balconies and railings, are encouraged.
(d) 
Awnings and canopies are permitted at the ground level.
(2) 
Accessory buildings and structures. Architectural design and materials used in the construction of accessory buildings and structures shall conform to those used in the construction of principal buildings. All accessory buildings and structures shall be subject to the minimum yard requirements for principal buildings and shall be set back at least 30 feet from any other structure.
H. 
Retaining walls. All fences and walls in the AHR-2 Zone shall conform to § 230-159, except that a maximum retaining wall height of up to 12 feet, not including fall protection fencing, shall be permitted in the AHR-2 Zone. Fall protection fencing shall be limited to a maximum height of four feet.
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-2 Zone shall be exempt from the following requirements in the Township of Montville Code:
A. 
Existing surface parking areas and access drives and aisles to remain on the site shall be exempt from Chapter 230, Article X, Design Standards for Site Plans; however, all new parking and drive aisle improvements in the AHR-2 Zone shall be designed in accordance therewith to the extent Article X does not conflict with this Article XXIIIA. In the event of a conflict between these articles, Article XXIIIA shall govern.
B. 
The redeveloper of the AHR-2 Zone shall not be required to install streetscape improvements along the site's Hook Mountain Road right-of-way, including shade trees, street lighting, and pedestrian amenities, and shall be specifically exempted from § 230-82, Sidewalks, and § 230-83, Bikeways.
C. 
Development in the AHR-2 Zone shall be exempt from § 230-90, Multifamily residential developments.
D. 
Development in the AHR-2 Zone shall be exempt from § 230-101, Regulation of slopes.
E. 
Chapter 230, Attachment 1, Schedule A, Checklist "A," Item 30 - tree study (exemption shall only apply to trees outside of the limit of disturbance).
F. 
Any land use activities, including determination of regulated features, that are under the purview of NJDEP shall not also be regulated by the Township.