[Added 5-4-2021 by Ord.
No. 18-21]
The following uses are principal permitted uses in the TO Multifamily
Overlay Zone:
Any and all uses of land that are customarily, habitually, and
by long practice, established by reasonable association with, incidental
and subordinate to the principal use of the property, including, but
not limited to the following:
A.
For uses permitted in the underlying zone, the underlying bulk standards
for the zone shall apply.
B.
For multifamily dwellings the following bulk standards shall apply:
(1)
Minimum lot size: 2.0 acres.
(2)
Minimum residential building setbacks from external property
lines: 20 feet.
(3)
Minimum front yard: 20 feet from any internal cartway; eight
feet from parking field.
(4)
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/or front door.
(6)
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. Ramps designed for Americans with disabilities
are not considered a building appurtenance and are not regulated by
this section.
(7)
Coverage.
(a)
Maximum building coverage: 25%.
(b)
Maximum impervious coverage: 85%.
(c)
Minimum open space or landscaped areas: 15%.
[1]
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.
[2]
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.
(8)
Maximum building height: 3 1/2 stories; 45 feet.
(10)
Maximum length of building: 210 feet.
A.
Buildings shall have architectural features, finishes and patterns
that provide visual interest.
B.
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.
C.
Trash. Each dwelling unit must be designed so as 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.
D.
Mailboxes. Mailboxes must be provided in either gang mailboxes or
located in a clubhouse, or other type of facility.
E.
Lighting. The lighting requirements shall comport with § 600-177, Outdoor lighting, of the Township of Denville's Zoning Ordinance.
F.
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.
G.
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
or landscaping so as to reduce its impact to surrounding land uses.
H.
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 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 three
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.
I.
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. 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.
J.
Access. 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.
A.
The applicant shall provide and maintain a landscaped buffer area
within the TO Multifamily Overlay Zone which shall be no less than
20 feet in width from all exterior lot lines of the tract. Where said
buffer abuts land in a residential zone, said buffer can be reduced
to a minimum of 10 feet. 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 minimus exception from such requirements is approved by the Board.
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)
Parking for handicapped persons shall be provided as required
by state and federal law.
(3)
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 TO Multifamily
Overlay 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 except that the Planning Board, in its reasonable
discretion, may approve the substitution of pedestrian walkways not
paralleling streets where appropriate.
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"), as well as the Township
of Denville's Affordable Housing Ordinance.
B.
All said affordable units shall be constructed on site and integrated
among the buildings throughout the development so that as much as
practical the buildings contain a mix of affordable and market rate
units. Affordable units shall also be constructed to be indistinguishable
from market rate units from the exterior of the building.
C.
Twenty percent of all residential units developed with the TO Multifamily
Overlay Zone shall be reserved for occupancy by very-low-income, low-income
and moderate-income households.
D.
At least 50% of the affordable units will be available to very-low-income
and low-income households and the remainder of which 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.
E.
Bedroom distribution. In any multifamily development there shall
be the following distribution of bedrooms in affordable units:
F.
The phasing applicable to the affordable units shall follow regulations
established at N.J.A.C. 5:93-5.6(d).
To the extent that any provisions found in Ch. 600 are found to be inconsistent with this article, the provisions of this article shall govern.
