Hanover Township City Zoning Code
ARTICLE XXIXD3
RM-7 Residence District
§ 166-180.18.11 Purpose and intent.
The purpose and intent of the RM-7 Residence District is to provide a reasonable opportunity for the development of age-restricted affordable housing units as part of an inclusionary multifamily residential development and to satisfy the terms of settlement agreements authorized by Resolution No. 189-2020 of the Township Committee and to assist in satisfying the Township's third-round affordable housing obligation.
§ 166-180.18.12 Permitted principal uses and structures.
The permitted principal uses and structures in the RM-7 Residence District shall be limited to multifamily residential dwelling units and furnished apartment units located within a multifamily building or buildings. For purposes of this article, "furnished apartment unit" shall mean a serviced apartment unit that uses a shorter-term rental arrangement than standard apartments and is provided with furnishings that the average apartment would require.
§ 166-180.18.13 Permitted accessory uses and structures.
The permitted accessory uses in the RM-7 Residence District shall be limited to the following:
A.
Surface and structured parking areas and driveways.
B.
Recreational facilities for the use of residents of the development and their guests.
C.
Support services for residents.
D.
Other accessory uses and structures that are customarily incidental to the permitted principal use, unless specifically prohibited herein.
§ 166-180.18.14 Prohibited uses.
§ 166-180.18.15 Lot, bulk, and intensity of use standards.
[Amended 12-12-2024 by Ord. No. 31-2024]
The lot, bulk, and intensity of use standards for the RM-7 Residence District shall be as set forth below:
A.
Minimum lot area: the entire property located outside of the street right-of-way within the boundaries of the zone district.
B.
Maximum number of dwelling units, including both standard dwelling units and furnished apartment units: 210 units, including not more than 150 market-rate units and not less than 60 affordable units.
C.
Maximum building coverage: 50% of the gross lot area.
D.
Maximum improvement coverage: 75% of the gross lot area.
E.
Maximum building height: 70 feet, with the following exceptions:
(1)
Stairwells and elevators shall be permitted a maximum height of 75 feet.
(2)
Rooftop recreational amenities and related structures, including but not limited to shade and rain structures, trellises, railings, etc., shall be permitted a height of 10 feet above the roof level upon which they are located.
F.
Minimum yard depths/setbacks.
G.
Unit type, tenancy and bedroom mix. Excluding the affordable dwelling units, which are regulated separately, the housing units in any multifamily residential development shall be subject to the following requirements:
(1)
All housing units shall be rental units.
(2)
Not more than 120 units shall be standard unfurnished dwelling units; the balance of the permitted units may be furnished apartment units.
(3)
Of the standard unfurnished dwelling units, not more than 50 units shall contain two bedrooms, and no units may contain more than two bedrooms.
(4)
Of the furnished apartment units, not more than 15 shall contain two bedrooms, and no units may contain more than two bedrooms.
H.
Phasing of market-rate units. No market-rate units, including furnished and unfurnished apartment units, shall receive a certificate of occupancy, temporary or final, until all of the required affordable units have been granted a certificate of occupancy.
I.
Parking spaces. Notwithstanding the provisions of § 166-154 and § 166-155, the minimum number of required parking spaces shall be as follows:
(1)
The minimum number of parking spaces for the standard unfurnished dwelling units shall be in accordance with the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., with fractions of required spaces rounded as set forth in the standards.
(2)
The minimum number of parking spaces for the furnished apartment units shall be one parking space for each unit.
(3)
The minimum number of parking spaces for the age-restricted affordable units shall be one parking space for each unit.
§ 166-180.18.16 Affordable housing requirements.
A.
Minimum affordable units. Any multifamily residential development constructed in the RM-7 Zone District shall be required to include at least 60 affordable housing units, which shall be age-restricted rental units.
B.
All affordable units to be produced pursuant to this article shall comply with the Township's Affordable Housing Ordinance at Chapter 72 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 affordable 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 any bedroom distribution requirements to the contrary, all affordable dwelling units shall contain one bedroom. No dwelling unit shall contain more than one bedroom.
(3)
Deed restriction period. Each affordable rental unit shall remain subject to these affordability controls, covenants, conditions, deed restrictions, and the applicable affordable housing regulations for a minimum period of at least 30 years. At the conclusion of the thirty-year term, the affordability controls, covenants, conditions, and deed restrictions shall not automatically expire. At the conclusion of the thirty-year term, the Township reserves the right to exercise the option to extend the affordability controls, covenants, conditions and deed restrictions for an additional period of time by formal adoption of a resolution; or exercise any other option(s) available to the Township to preserve the affordability controls as set forth in UHAC or any other applicable statute, regulation or law that may be in effect at that time. At the conclusion of the thirty-year term, the Township shall be afforded a reasonable amount of time not to exceed 120 days to exercise this option to preserve and extend the affordability controls, covenants, conditions and deed restrictions; or to release the affordable unit from such requirements by formal adoption of an ordinance taken in compliance with N.J.A.C. 5:80-26.11(e) or any other applicable statute, regulation or law that may be in effect at that time.
(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. Developers shall also comply with all other requirements of the Township's Affordable Housing Ordinance, including, but not limited to, affirmative marketing requirements and candidate qualification and screening requirements, unless specifically modified by this article or by order of the court.
C.
All recreational amenities and site services which are made available to the unfurnished standard market-rate units shall also be made available to the affordable units on the same terms as the market-rate units.
§ 166-180.18.17 Other requirements.
In addition to all other applicable requirements of this article, Chapter 166 and any other applicable law, rule or regulation, development within the RM-7 Residence District shall comply with the following requirements:
A.
Recreational facilities. There shall be provided as part of any residential development recreational facilities suitable for the use of the intended residents of the development. Such facilities may be located within or outside of the residential building or buildings.
B.
Signage. Signage requirements for the RM-7 Residence District shall be consistent with the requirements for signs as set forth in § 166-143.
C.
Exemption from tree removal and replacement requirements. Inclusionary housing development in the RM-7 Residence District shall be exempt from the requirements of § 166-131, Tree preservation, removal and planting, pursuant to the provisions of N.J.A.C. 5:93-10 and in recognition of the existing easements within the district that limit the ability to plant trees. The foregoing shall not be construed to exempt such developments from all other requirements to provide landscaping, including the planting of trees, on portions of the site outside of easement areas and not developed with buildings, pavement or other structures.
D.
All other applicable requirements of this chapter, and of other chapters of the Township Code, shall apply to development within the RM-7 Residence District unless specifically superseded by the regulations of this article. In case of conflict between the provisions of this article and the other provisions of this chapter, the provisions of this article shall apply.