[Added 8-13-2019 by Ord. No. 2019-27]
The purpose of the TH/MFD Inclusionary Townhouse/Multifamily
Dwelling District is to allow for inclusionary development on Block
81 Lot 7 in accordance with the Township's 2019 Housing Element and
Fair Share Plan and the settlement agreement entered into between
the Township and VL Associates on December 13, 2018, 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 district contemplates that the property, consisting
of approximately 13.030 gross acres, will contain up to 70 townhouse
and/or multifamily dwelling units, including 14 low- and moderate-income
units.
B.
Accessory uses. The following accessory uses are permitted in the
TH/MFD Zone:
(1)
Private garages and driveways.
(2)
Off-street parking lots.
(3)
Fences and walls.
(4)
Signs.
(5)
Storage sheds.
(6)
Buildings for storage of maintenance equipment.
(7)
Private recreation buildings and facilities, including swimming
pools, intended for use by residents of the premises.
(9)
Trash and recycling facilities intended for use by residents of the premises, as regulated at § 230-87.
(10)
Other accessory uses normally incidental to the principal permitted
use.
A.
Inclusionary townhouse developments constructed in the TH/MFD Zone
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
TH/MFD Zone:
(a)
Fifty percent of all low- and moderate-income units shall be
two-bedroom units (which equates to seven two-bedroom units); and
(b)
Fifty percent of all low- and moderate-income units shall be
three-bedroom units (which equates to seven 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: The developer 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. The developer 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 following area and bulk standards
shall apply to development in the TH/MFD Zone:
|
Requirement
|
TH/MFD Zone
|
|---|---|
|
Minimum lot area
|
10 acres
|
|
Maximum density
|
5.5 units per acrea
|
|
Minimum yard setbacks:
| |
|
Front yard (from any building to front lot line
of tract)
|
100 feet
|
|
Side yard (from any building to each side lot line
of tract)
|
25 feet
|
|
Rear yard (from any building to rear lot line of
tract)
|
25 feet
|
|
Maximum building height
|
45 feet/3 stories
|
|
Maximum building coverage
|
35%
|
|
Maximum impervious coverage
|
50%
|
|
Minimum open space
|
45%
|
|
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. However, in no event shall the total number of
units to be produced in the TH/MFD Zone exceed 70 units.
|
B.
Supplemental requirements. In addition to the area and bulk requirements set forth at Subsection A above, the following supplemental requirements shall apply to development in the TH/MFD Zone. The requirements for townhouse development at § 230-144 shall not apply.
(1)
Setback requirements. No building shall be located within 18
feet of a private street or internal roadway.
(2)
Distance between buildings. There shall be a minimum distance
between buildings containing townhouses and/or multifamily dwellings
of 20 feet, except as otherwise set forth below. The minimum distance
shall be increased to at least 50 feet if a driveway is located between
buildings.
(3)
Building requirements.
(a)
Notwithstanding anything to the contrary in § 230-127, more than one principal building may be erected on a lot in the TH/MFD Zone.
(b)
No building shall contain more than 22 townhouse and/or multifamily
dwelling units, and in no event shall the length of any building exceed
275 feet.
(c)
Building plans and elevations shall show a variation in design
to be achieved by types of roofs, heights of eaves and peaks, building
materials and architectural treatment of the building facade.
(d)
For buildings with more than three attached multifamily or townhouse
units, no more than three contiguous units shall have the same front
facade plane. A minimum three-foot offset variation in front facade
plane shall be provided between groupings within the same structure.
(e)
Fire separation walls shall be constructed between adjoining
townhouse and/or multifamily units as required by the requirements
of the NJ Uniform Construction Code, N.J.A.C. 5:23 and the NJ Uniform
Fire Code N.J.A.C. 5:71.
(4)
Townhouse dwelling unit requirements.
(a)
Each townhouse dwelling unit shall contain, as a minimum, a
separate living room, a separate bedroom, a separate bath, a basement
or cellar for storage and utilities, an enclosed garage and a separate
kitchen, which kitchen facility shall be located separate and apart
from other rooms in the unit, with the exception of the dining room.
(b)
Each townhouse dwelling unit shall have a minimum floor area,
exclusive of attic, basement and cellar floors, of 600 square feet,
plus 200 square feet for each habitable room other than a living room,
dining room or kitchen.
(c)
No room within the townhouse dwelling unit intended for human
habitation shall be located in a cellar, basement or attic, except
that a cellar or basement may contain a family room or recreation
room.
(d)
Each townhouse dwelling unit shall have individual private outside
front and rear entrances.
(e)
Each townhouse dwelling unit shall contain its own heating plant
and system and shall constitute a separate, independent unit for metering
and all other purposes with respect to all required utilities and
similar conveniences. No central or common laundry or similar facilities
intended for two or more dwelling units shall be permitted in a townhouse
development.
(f)
Decks, porches, elevated patios, and like constructions shall be permitted to be attached to townhouse dwelling units, provided that same are located minimally 15 feet from any property line, and further provided that same comply with the minimum distance between buildings at Subsection B(2) above.
(5)
Accessory buildings.
(a)
Accessory buildings shall meet the street and property line
setback requirements of principal buildings and shall be at least
50 feet from a principal building. Clubhouses, swimming pools and
recreational facilities shall be at least 50 feet from a principal
building.
(b)
All individual units shall be permitted to have accessory storage
sheds and/or like accessory buildings for the storage of outdoor equipment,
bicycles, tools, etc.
(c)
The maximum height of an accessory building shall be 16 feet.
(d)
Architectural design and materials used in the construction
of accessory buildings shall conform to those used in the construction
of principal buildings.
(6)
Open space. Exclusive of internal roadways and parking areas,
there shall be provided a minimum of 45% of the entire tract for common
open space and facilities.
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 spaces and internal roadways/drive aisles
shall be located a minimum of 10 feet from buildings, except for parking
garages within or under a building and driveways serving such garages.
(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 the required front
yard along Route 202/Main Road.
(6)
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.
(7)
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 TH/MFD Zone shall be consistent with the signage requirements for the AH Zone Districts, as set forth in Article XXVII, Signs.
