[Added 8-13-2019 by Ord. No. 2019-30]
The purpose of the Route 202 Overlay District is to create a
realistic opportunity for the construction of low- and moderate-income
housing in a suitable portion of the Township of Montville, and thereby
help to address the fair share housing obligation of the Township
of Montville under the New Jersey Fair Housing Act ("FHA"), applicable
Council on Affordable Housing ("COAH") regulations, the settlement
agreement entered into between the Township and Fair Share Housing
Center ("FSHC") on December 21, 2018, and the Township's Housing Element
and Fair Share Plan. The Route 202 Overlay District encourages the
development of low- and moderate-income housing by allowing for inclusionary
multifamily residential; however, developers shall also have the option
of developing in accordance with the underlying B-1 Zone standards.
The uses set forth below shall be permitted as a development
alternative to the underlying zoned uses allowed by this chapter,
but shall not replace the underlying zoning district.
A.
Principal uses. The following principal uses are permitted in the
Route 202 Overlay District:
(1)
Multifamily residential dwellings.
B.
Accessory uses. The following accessory uses are permitted in the
Route 202 Overlay District:
(1)
Off-street parking, including surface parking, under-building
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, 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)
Other accessory uses normally incidental to the principal permitted
use.
A.
All multifamily residential developments constructed in the Route
202 Overlay District shall be required to set aside a minimum percentage
of units for affordable housing. The minimum set-aside shall be 20%.
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.
B.
All affordable units to be produced pursuant to this section shall comply with the Township's Affordable Housing Ordinance at Chapter 73 of the Township Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC")(N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, the Township's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the Court, including a judgment of compliance and repose order. This includes, but is not limited to, the following requirements for all affordable units:
(1)
Low-/moderate-income
split: A maximum of 50% of the affordable units shall be moderate-income
units and a minimum of 50% of the affordable units shall be low-income
units. At least 13% of all restricted rental units shall be very-low-income
units, which shall be counted as part of the required number of low-income
units within the development.
(2)
Bedroom
mix: Irrespective of anything in the Township Code or UHAC to the
contrary, the following bedroom mix shall apply in the Route 202 Overlay
District:
(a)
Fifty percent of all low- and moderate-income units shall be two-bedroom
units; and
(b)
Fifty percent of all low- and moderate-income units shall be three-bedroom
units.
(c)
If the development contains an odd number of units, resulting in
a fraction, the number of two-bedroom units shall be rounded downwards
to the next whole number and the number of three-bedroom units shall
be rounded upwards to the next whole number.
(3)
Deed
restriction period: All affordable units shall be deed restricted
for a period of at least 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
or N.J.A.C. 5:80-26.5 for for-sale 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: Developers shall also comply
with all of the other requirements of the Township's Affordable Housing
Ordinance, including, but not limited to, affirmative marketing requirements,
candidate qualification and screening requirements, integrating the
affordable units amongst the market rate units, and unit phasing requirements.
Developers shall ensure that the affordable units are dispersed between
all of the buildings on its site, and shall identify the exact location
of each affordable unit at the time of site plan application.
A.
Area and bulk requirements. The area and bulk requirements for the
uses permitted in the Route 202 Overlay District are set forth below.
The area and bulk regulations of the underlying zoning district shall
remain in full force and effect for development devoted exclusively
to uses permitted in the underlying zoning district.
Requirement
|
Route 202 Overlay
|
---|---|
Minimum lot area
|
4 acres
|
Minimum lot width (at street line)
|
120 feet
|
Minimum lot width (at required setback)
|
180 feet
|
Maximum density
|
15.7 units per acrea
|
Minimum yard setbacks:
| |
Front yard
|
30 feet
|
Rear yard
|
30 feet
|
Side yard (each)
|
20 feet
|
Minimum setback between principal buildings
|
30 feet
|
Maximum number of dwellings per building
|
No maximum
|
Maximum building height
|
40 feet/3 stories
|
Maximum building coverage
|
35%
|
Maximum impervious coverage
|
75%
|
Minimum buffer width along rear lot line
|
25 feet
|
Minimum buffer width along side lot lines
|
15 feet
|
NOTES:
| |
a
|
When calculating the maximum permitted number of 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.
|
B.
Buffer requirements.
(1)
A minimum planted buffer area of 25 feet shall be planted along
all rear lot lines in order to buffer the development from the adjacent
I-2 Zone district to the north. In addition, a minimum planted buffer
area of 15 feet shall be planted along all side lot lines. The buffer
area shall be used only as a buffer planting strip on which shall
be placed evergreen trees, shrubbery, berms, hedges, fencing and/or
other suitable elements sufficient to constitute an effective screen.
Buffers shall provide a year-round visual screen.
(2)
No building or impervious surface shall be permitted within
the buffer area. Grading and earthwork shall not be permitted within
the buffer area except to enhance the integrity of the buffer, such
as the creation or supplementing of earthen berms, and to enhance
stormwater infiltration within the buffer area. Existing vegetation
should be preserved in the buffer area where practical.
(3)
Buffer areas shall be maintained and kept clean of all debris,
rubbish, weeds and tall grass. Any screen planting shall be maintained
permanently, and any plant material that does not live shall be replaced
within one year or one growing season, provided all landscape plans
as approved shall be continually complied with.
C.
Off-street parking requirements.
(1)
The minimum number of off-street parking spaces shall be as
set forth in the residential site improvement standards (N.J.A.C.
5:21).
(2)
All off-street parking and drive aisles shall be located a minimum
of 10 feet from buildings, except for parking and drive aisles which
extend continuously into or under a building from outside the building.
(3)
All off-street parking and drive aisles shall be located a minimum
of 10 feet from property lines.
(4)
Parking areas shall be prohibited within required front yards
along Route 202 and, where provided in side yards, shall be separated
from the right-of-way by a landscaped frontage buffer.
(5)
Under-building parking and parking garages shall be permitted,
provided that same are oriented to the side or rear of the property
and are not visible from the public right-of-way.
(7)
Off-street parking shall not be provided for any use or to any
party other than a resident or visitor of the site, unless a shared
parking arrangement has been approved by the reviewing board, nor
shall parking areas be used for any purpose other than parking.
(8)
Signage shall be provided where parking spaces are to be reserved
for residents. Visitor parking shall be signed and painted for each
space designated for such a purpose.
D.
Signage. Signage requirements for the Route 202 Overlay Zone shall
be consistent with the signage requirements for the B-1 Zone, as set
forth in XXVII, Signs.
E.
Historic preservation requirements. Development in any portion of the Route 202 Overlay Zone that is also situated within the Morris Canal in Montville Historic Overlay District shall adhere to the applicable Township regulations relating to historic preservation, including Chapter 8, Article V, Historic Preservation Review Commission, and Article XXV, Historic Districts and Historic Sites, of this chapter.
F.
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.
(2)
Equipment: Exterior-mounted mechanical and electrical equipment
exposed to the public view shall be architecturally screened. Roof-mounted
equipment and projections should be painted the same color as the
roof and, where possible, located to the rear of the building, away
from the public view.
(3)
Accessory buildings and structures: All accessory buildings and structures shall be subject to the standards set forth at § 230-128A. Architectural design and materials used in the construction of accessory buildings and structures shall conform to those used in the construction of principal buildings.