Denville Township City Zoning Code
ARTICLE LIIIA
T-6 Multifamily Zoning
§ 600-358.1 Principal permitted uses.
The following uses are principal permitted uses in the T-6 Zone, provided that a mandatory set-aside of units affordable to low- and moderate-income households is provided within the development of 15% if the affordable units are rentals and 20% if the affordable units are for-sale units. Affordable for-sale units shall be integrated within the development. Affordable rental units are not required to be integrated within the development.
§ 600-358.2 Permitted accessory uses.
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.
Gatehouse/guard booth/welcome booth.
D.
Clubhouse, including sales and leasing offices.
E.
Maintenance building.
F.
Pool.
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.
§ 600-358.3 Bulk standards.
A.
For multifamily dwellings, the following bulk standards shall apply:
(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 the rear shall be defined as that portion of the structure that contains a patio/deck. Any other side of the building shall be a side.
(5)
Minimum distance between residential building and retaining walls. From the closest point of the residential building foundation: 14 feet.
(6)
Allowable projections into yards or building envelope. If no separate lots are created, architectural features such as bay windows, cornices, eaves, window sills, steps, overhangs, other building protrusions or architectural features, provided that said feature does not project more than 24 inches. Utility closets may project up to 36 inches. Ramps designed for Americans with disabilities are not considered a building appurtenance and are 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.
E.
Maximum length of building: 200 feet.
F.
Maximum density: 106 units on the entire tract, of which 16 will be affordable to low- and moderate-income households.
§ 600-358.4 Design standards.
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, vinyl, cultured stone and wood. The exterior of the building containing the affordable units shall be architecturally compatible and constructed of the same materials from the buildings containing the market units, as generally shown on the facade elevations that are included in the settlement agreement.
C.
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 or adjacent to the building with no distinction between construction material and designed in such a way as to prevent wildlife from gaining access. If the external facility is adjacent to the building, it shall be at least six feet from the building, shall be constructed in an enclosure with a roof using compatible construction material, and shall be designed in such a way as to prevent wildlife from gaining access.
D.
Mailboxes. Mailboxes must be either provided in cluster 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, landscaping or buffer areas 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 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.
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. Any residential building rear yard that faces a downsloping retaining wall shall provide a four-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.
J.
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. The emergency access road located on the New Jersey Transit property that connects to Lackawanna Avenue may not be utilized to satisfy this emergency access point requirement. 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)
The emergency access road located on the New Jersey Transit property that connects to Lackawanna Avenue shall not be utilized as a permanent point of access. Ingress and egress from that emergency access road is prohibited, except in the case of emergencies.
§ 600-358.5 Buffer areas.
A.
The applicant shall provide and maintain a landscaped buffer area within the T-6 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 right-of-way. 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.
§ 600-358.6 Steep slope disturbance.
The maximum permitted disturbance of slope areas as defined in § 600-175F(1) shall be modified to allow for the following:
A.
Notwithstanding the limitations in the Township's general development land use ordinances regulating steep slope disturbance, the maximum amounts of steep slope disturbance for this zone shall be as follows:
Slope | Maximum Permitted Disturbance of Slope Areas (SF) |
|---|---|
15% to 19.9% | -110,000 |
20% to 24.9% | -80,000 |
25% to 29.9% | -45,000 |
Greater than 30% | -30,000 |
Total | -265,000 |
B.
The column entitled "Permitted Development Activity" from the table in § 600-175F(1) is not included in and is not applicable to this section because this section regulates all development activities equally per slope classification.
§ 600-358.7 Circulation, parking, utilities, planning and staging.
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 Belgian 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 et seq. (Residential Site Improvement Standards).
(2)
Each townhouse dwelling unit must include one garaged parking space which is assigned to said unit.
(3)
Double-stacked affordable vertical housing units may include one garaged parking space that is assigned to one of the two affordable housing units. For triple-stacked affordable vertical housing units, one garaged parking space may be assigned to one of the three affordable housing units. If no garage space is provided for an affordable housing unit, the developer shall add surface parking to meet RSIS standards. Surface parking spaces shall be dedicated and assigned to the remaining affordable housing units.
(4)
Parking for handicapped persons shall be provided as required by state and federal law.
(5)
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-6 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, on one side of cartway only. The Planning Board, in its reasonable discretion, may approve the substitution of pedestrian walkways not paralleling streets where appropriate. Sidewalks shall be provided on one side of the internal road system. Shade trees calculated based on spacing at fifty-foot intervals on all internal roads. Shade tree placement to be compatible with utility locations.
§ 600-358.8 Applicability.
To the extent that any provisions found in Article LIV are found to be inconsistent with this article, the provisions of this article shall govern.
§ 600-358.9 Affordable housing requirements.
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.
Fifteen percent of all residential units developed with the T-6 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. Three 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. In any multifamily development there shall be the following distribution of bedrooms in affordable units:
E.
The phasing applicable to the affordable units shall be as follows: The 16 AHUs (15% set-aside) shall be provided in a single building. Prior to the issuance of a certificate of occupancy for the 24th market-rate residential unit, the developer shall have applied for and received a building permit and commenced construction of the affordable units. Prior to the issuance of a certificate of occupancy for the 45th market-rate residential unit, certificates of occupancy must be issued for eight AHUs. Prior to the issuance of a certificate of occupancy for the 68th market-rate residential unit, certificates of occupancy must be issued for all 16 AHUs.