[Added 2-16-2021 by Ord.
No. 02-21]
The following uses are principal permitted uses in the T-7 Zone
provided that a mandatory 20% of all units are set aside for very-low-,
low- and moderate-income households. Affordable units shall be integrated
with the market rate units throughout the development.
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.
Gate houses/guard booths/welcome booths.
D.
Clubhouses, including sales and leasing offices.
E.
Maintenance buildings.
F.
Pools.
G.
Passive and active recreation.
H.
Open space.
I.
Off-street parking.
J.
Private garages.
K.
Signs.
L.
Retaining walls/fences.
M.
Utilities, pump stations and other essential services.
N.
Model homes, including sales and leasing offices.
O.
Temporary trailers for construction, sales and leasing.
P.
Roof-mounted solar panels.
A.
For multifamily dwellings the following bulk standards shall apply:
(1)
Minimum principal and accessory building setbacks from external
property lines: 50 feet.
(a)
Minimum may be reduced to no less than 35 feet if sufficient
landscaping is provided.
(3)
Minimum distance between buildings. For the purpose of this
section of the 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.
(5)
Allowable projections into yards or building envelope: if no
separate lots are created, architectural features such as bay windows,
cornices, eaves, windowsills, steps, overhangs, other building protrusions
or architectural features provided that said feature does not project
more than 24 inches. Utility closest may project up to 36 inches.
Ramps designed for the Americans with Disabilities Act are not considered
a building appurtenance and is not regulated by this section.
B.
Coverage:
(1)
Maximum tract building coverage: 25%.
(2)
Maximum tract impervious coverage: 65%.
(3)
Minimum tract 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 provisions of N.J.S.A. 40:55D-43.
C.
Maximum building height: 3 1/2 stories; 45 feet.
E.
Maximum length of building: 200 feet.
F.
Maximum density:
(1)
For Lots 1, 2 and 3 in Block 21401: 120 units on the entire
tract of which 24 will be affordable to very-low-, low- and moderate-income
households.
(2)
For Lot 5 in Block 21101 and Lot 9 in Block 21001: 60 units
on the entire tract of which 12 will be affordable to very-low-, low-
and moderate-income households.
Buildings shall have architectural features, finishes and patterns
that provide visual interest.
A.
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.
B.
Trash. Each dwelling unit must be designed 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 to be a part of the building with
no distinction between construction material, and designed in such
a way as to prevent wildlife from gaining access. If there is no interior
trash storage provided for, said external facility shall be constructed
in an enclosure with a roof using compatible construction material,
and designed in such a way as to prevent wildlife from gaining access.
C.
Mailboxes. Mailboxes must be either provided in cluster mailboxes
or located in a clubhouse, or other type of facility.
D.
Lighting. The lighting requirements shall comport with § 600-177, Outdoor lighting, of the Township of Denville's Zoning Ordinance.
E.
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.
F.
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,
landscaping or buffer areas so as to reduce its impact to surrounding
land uses.
G.
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 of 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
eight 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.
H.
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
height in wall outweighs the amount of disturbance a tiered or multiple-tiered
wall would require. Any residential building rear yard that faces
a downsloping retaining wall shall provide a six-foot fence at the
top of the retaining wall. The approving board may, in appropriate
situations, require such walls to provide landscaping to be planted
in front of or atop of 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.
I.
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 guardhouse 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.
(3)
Emergency or permanent access.
(a)
For Lots 1, 2 and 3 in Block 21401: Every effort should be made
to provide access (either permanent or emergency) to Forges Avenue
and/or Henning Terrace.
(b)
For Lot 5 in Block 21101 and Lot 9 in Block 21001: Every effort
should be made to provide access (either permanent or emergency) to
the unnamed right-of-way behind the Denville Commons Shopping center.
A.
The applicant shall provide and maintain a landscaped buffer area
within the T-7 Townhouse Zone, which shall be no less than 25 feet
in width from all exterior lot lines of the tract, except a ten-foot
buffer shall be required for residential units fronting on the Railroad
ROW. When natural vegetation within the buffer is sparse or nonexistent,
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.
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 minimis exception from such requirements is approved by the Board.
No Belgium block curbing is required unless necessary for stormwater
control.
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 must include one garaged parking
space which is assigned to said unit.
(3)
Parking for handicapped persons shall be provided as required
by state and federal law.
(4)
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 200 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-7 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. 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 Chapter 600 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.
Twenty percent of all residential units developed with the T-7 Townhouse
Zone shall be reserved for rental occupancy by very-low-income, low-income
and moderate-income households (hereinafter "affordable units").
C.
At least 50% of the affordable units will be available to very-low-income
and low-income households and the remainder 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.
D.
Bedroom distribution:
E.
The phasing applicable to the affordable units shall follow regulations
established at N.J.A.C. 5:93-5.6(d).
