Boonton Township City Zoning Code
ARTICLE XXX
R-1A and R-1B Residence Districts
§ 102-176 Principal uses.
Properties in the R-1A and R-1B Zones may be developed only for townhouses and apartments subject to the following requirements and limitations:
A.
In the R-1A District, at least 2/3 of the total number of housing units shall be townhouses. The remaining 1/3, which shall include required units intended for occupancy by low- and moderate-income households, may be either townhouses or apartments.
B.
In the R-1B District, all housing units shall be townhouses, except that housing units intended for occupancy by low- and moderate-income households, may be either townhouses or apartments.
§ 102-177 Required conditions.
A.
Minimum lot area. There shall be a minimum lot area of 20 acres.
C.
Controls on affordability. Any application for development in the R-1A and R-1B zones shall comply with the requirements of Article XXXIIIA, Affordable Housing.
[Amended 4-24-2018 by Ord. No. 865]
D.
Maximum coverage.
(1)
In the R-1A District, the total ground floor area of all buildings shall not exceed 15% of the lot area of the development. The total area of all impervious surfaces, including buildings, shall not exceed 30% of the lot area of the development.
(2)
In the R-1B District, the total ground floor area of all buildings shall not exceed 20% of the lot area of the development. The total area of all impervious surfaces, including buildings, shall not exceed 40% of the lot area of the development.
E.
Setback requirements. No building shall be located within 50 feet of a public street or exterior property line of the development nor within 60 feet of an R-81A, R-81 or R-40 Residence District boundary. Notwithstanding the foregoing, no building need be located more than 40 feet from a public park or other permanent open space area nor within 20 feet of an internal roadway. In addition, there shall be a minimum distance between buildings located on opposite sides of an internal roadway of 75 feet.
F.
Distance between buildings. Minimum distances, as specified below, shall be maintained between principal buildings as follows:
Positions of Building Walls | Minimum Distance Between Buildings at Any Point (feet) |
|---|---|
Front facing front | 65 |
Front facing rear | 65 |
Front facing side | 65 |
Rear facing rear | 50 |
Rear facing side | 25 |
Side facing side | 25 |
NOTES: |
|---|
1. Not less than 50 feet of driveway is located between buildings. |
G.
Building requirements.
(1)
Height. No building structure shall exceed a height of three stories or 35 feet, whichever is the lesser. Notwithstanding the definition of "height of structure" in Article I of this chapter, for purposes of this section, "height" shall be the vertical distance from the average ground elevation around the foundation to the highest point of the structure. "Average elevation" shall be the average of the highest and lowest elevations along the finished grade of the building.
(2)
Length of building. No building shall exceed a length of 160 feet.
(3)
Units per building. Buildings devoted exclusively to townhouses shall contain no less than two nor more than eight dwelling units. Buildings devoted exclusively to apartments shall contain no less than four nor more than 16 dwelling units. Buildings devoted to both townhouses and apartments shall contain no less than four nor more than 12 dwelling units.
(4)
Dispersal of low- and moderate-income housing units. Low- and moderate-income housing units shall be interspersed with market-rate units both throughout a development and within individual buildings. No building shall be devoted exclusively to low- and moderate-income housing units. In buildings containing low- and moderate-income housing units, not more than 75% of the total number of units or six units, whichever is less, shall be low- and moderate-income housing units.
H.
Dwelling unit requirements.
(1)
No dwelling unit shall have a width of less than 20 feet.
(2)
For developments not restricted to senior citizens, each dwelling unit shall contain, as a minimum, a separate living room, a separate bedroom, a separate bath and a kitchen, which kitchen facility shall be located separate and apart from other rooms in the unit, with the exception of the dining room.
(3)
Buildings containing low- and moderate-income housing units shall be aesthetically congruous with the surrounding area as approved by the Planning Board, with the exteriors harmonizing architecturally with and being constructed of materials of like character to those used for other buildings in the development. All buildings shall be constructed in accordance with the State Uniform Construction Code[1] and shall comply with other applicable state and municipal requirements.
[1]
Editor's Note: See N.J.S.A. 5:23.
(4)
All developments that contain low- and moderate- income housing units shall comply with the guidelines and criteria for such units established in Article XXXIIIA.
[Amended 4-24-2018 by Ord. No. 865[2]]
[2]
Editor's Note: This article also repealed former Subsection H(5), Distribution of low- and moderate-income units, and (6), which required that lower-income units be interspersed with similar-type housing, both of which immediately followed.
I.
Accessory buildings.
(1)
Setbacks. Accessory buildings shall meet the street, property line and internal roadway setbacks of the principal building and shall be at least 25 feet from a principal building and 15 feet from another accessory building. Clubhouses, swimming pools and recreation facilities shall be at least 50 feet from a principal building and at least 100 feet from a property line.
(2)
Height. The maximum height of an accessory building shall be 15 feet, except for clubhouses, which shall not exceed 28 feet in height.
(3)
Design. Architectural design and materials used in the construction of accessory buildings shall conform to or complement those used in the construction of principal buildings.
(4)
[3]
Editor’s Note: Former Subsection J, Initial pricing of low- and moderate-income units; Subsection K, Range of affordability for low- and moderate-income housing; Subsection L, Resale and rental controls; and Subsection M, Occupancy selection and priorities, all of which immediately followed, were repealed 4-24-2018 by Ord. No. 865.
§ 102-178 (Reserved) [1]
§ 102-179 Certificates; waivers; reporting.
A.
Certificates of occupancy and reoccupancy. No certificate of occupancy for initial occupancy of a low- and moderate-income sales unit shall be issued until a written determination has been made by the Township that the unit is to be controlled by a deed restriction and mortgage lien as required by the court or applicable state administrative agency and approved by the Township Attorney. The Township shall make such determination within 10 days of receipt of a proposed deed restriction and mortgage lien. Amendments to the deed restriction and lien shall be permitted only if they have been approved by the court or applicable state administrative agency. A request for an amendment to the deed restriction and lien may be made by the Township or a developer. No certificate of occupancy shall be issued for a rental unit or project unless a written determination has been made by the Township that the property is to be controlled by a deed restriction in a form which has been approved by the Township Attorney. A certificate of reoccupancy shall be required for any occupancy of a low- and moderate-income sales unit resulting from a resale and shall not be issued unless a written determination has been made by the Township that the unit is to be controlled by the deed restriction and mortgage lien required by the court or applicable state administrative agency prior to the issuance of a certificate of occupancy, unless amendments to the same have been approved by the court or applicable state administrative agency regardless of whether the sellers had executed the deed restriction and mortgage lien required by the court or applicable state administrative agency upon acquisition of the property. The Township shall make such determination within 10 days of the receipt of a proposed deed restriction and mortgage lien. All purchasers of low- and moderate-income sales units shall be required to execute the deed restriction and mortgage lien prior to the issuance of such certificate of reoccupancy. No certificate of occupancy or reoccupancy for the sale, resale or rental of a unit shall be issued unless the Township shall have certified, in writing, that the resale or rental complies with the requirements of these regulations and all applicable the court or applicable state administrative agency regulations. The certificate of reoccupancy shall not be required in sales for which controls are allowed to expire or in which a repayment option is being exercised pursuant to § 102-177L(2)(k)[1][b].[1]
[Amended 4-24-2018 by Ord. No. 865]
B.
Waivers. In the event of a special hardship or in the event that a minor technical modification of these regulations is necessary to effectively implement the policies herein, the Township may waive or modify these regulations relating to occupancy selection, sale or resale prices, rent or rerental prices or income eligibility standards, provided that such waiver or modification is consistent with the intent of these regulations and does not violate any of the requirements of the court or applicable state administrative agency, including all statutes and regulations related thereto.
[Amended 4-24-2018 by Ord. No. 865]
C.
Other reporting requirements. Developers shall submit quarterly reports to the Township detailing the number of low- and moderate-income households who have signed leases or purchase agreements, as well as the number who have taken occupancy or lower-income units, including the household size, number of bedrooms in the unit, sales price and monthly carrying cost or, in the case of rental units, the monthly rental charges and utility costs.
§ 102-180 (Reserved) [1]
[1]
Editor’s Note: Former § 102-180, Phasing, was repealed 4-24-2018 by Ord. No. 865.
§ 102-181 Applicability of regulations; periodic review.
A.
Applicability of development regulations to the R-1A and R-1B Zones. Unless otherwise specified herein, all other provisions and requirements of Chapter 102, Land Use, shall apply to all developments within the R-1A and R-1B Zones.[1]
[1]
Editor’s Note: Former Subsection B, Periodic review for modification of standards, which immediately followed, was repealed 4-24-2018 by Ord. No. 865.