The purpose and intent of the AH-3 Overlay District is to provide an option for the development of non-age-restricted inclusionary townhouse and multi-family housing. The AH-3 District is an overlay district in that the district regulations only apply in the case of inclusionary housing development, and only within that portion of the district developed for inclusionary housing. The regulations of the OB-RL Zone District, which underlies the AH-3 Overlay District as depicted on the Zoning Map, shall apply to all development other than inclusionary housing development.
§ 166-180.34 Permitted principal uses.
The permitted principal uses in the AH-3 Overlay District shall be limited to non-age-restricted inclusionary residential development within townhouse and/or multi-family buildings.
§ 166-180.35 Permitted accessory uses.
The permitted accessory uses in the AH-3 Overlay District shall be limited to the following:
A.
Surface parking areas and driveways.
B.
Garages, attached or detached to a principal building.
C.
Clubhouses.
D.
Recreational facilities for the use of residents of the development and their guests.
E.
Storage buildings.
F.
Fences and walls.
G.
Signs.
H.
Solar or photovoltaic energy facilities and structures accessory to a permitted residential use per § 166-138.5.1A.
I.
Other accessory uses and structures that are customarily incidental to a permitted principal use, unless specifically prohibited herein.
§ 166-180.36 Prohibited uses.
Uses prohibited in the AH-3 Overlay District shall include the following:
A.
Any principal use not specifically permitted herein or permitted by other applicable law.
B.
Any use prohibited in all zone districts of the Township of Hanover.
§ 166-180.37 Affordable housing requirements.
A.
All residential developments constructed in the AH-3 Overlay District shall be required to set aside a minimum percentage of units for non-age-restricted affordable housing. The minimum set-aside shall be 20% of the total number of housing units. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
B.
All affordable units to be produced pursuant to this section shall comply with the New Jersey Fair Housing Act ("FHA")(N.J.S.A. 52:27D-301 et seq.), 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 or supplemented, the Township's Affordable Housing Ordinance at Chapter 72 of the Township Code, to the extent not inconsistent with the FHA or UHAC, and any applicable compliance certification or order of the Court, including a judgment of compliance and repose order.
§ 166-180.38 Lot, bulk and intensity of use standards.
The lot, bulk and intensity of use standards for the AH-3 Overlay District shall be as set forth below:
A.
Minimum lot area: eight acres.
B.
Maximum number of dwelling units: 15 units per acre of the property located within the overlay zone, but not to exceed 120 units.
C.
Maximum building coverage: 25% of the gross lot area.
D.
Maximum improvement coverage: 55% of the gross lot area.
E.
Minimum setback from front lot line.
(1)
Buildings: 40 feet from front lot line.
(2)
Parking areas and driveways: 30 feet from front lot line.
F.
Minimum setback from side lot lines.
(1)
Buildings: 25 feet from side lot lines.
(2)
Parking areas and driveways: 25 feet, except that no setback shall be required for a driveway extending continuously into Block 2403 Lot 5 (or any portion of Lot 5 subdivided therefrom) for the purposes of providing access to a future age-restricted residential development thereon, nor shall a setback be required for any parking spaces which that driveway serves.
G.
Minimum setback from rear lot line.
(1)
Buildings: 60 feet from rear lot line.
(2)
Parking areas and driveways: 20 feet from rear lot line.
H.
Maximum building height.
(1)
Principal buildings: No principal building shall exceed a height of 48 feet.
(2)
Accessory buildings: Any permitted community center/clubhouse building shall not exceed 35 feet. Detached garages for the parking of motor vehicles, if provided, shall not exceed a height of 17 feet. All other detached accessory buildings shall comply with the height requirements for accessory buildings in § 166-114B.
I.
Maximum number of principal buildings: no limit.
J.
Maximum number of dwelling units within the same building: no limit.
K.
Minimum distance between principal buildings: 40 feet, except for end/side wall facing end/side wall, which shall be permitted at a minimum distance of 25 feet. In the event of uncertainty as to the definition of "end/side" walls, or where the angle of the walls facing each other makes the interpretation of the required setbacks uncertain, the more restrictive of possible interpretations shall apply.
L.
Minimum distance between buildings and parking areas/driveways. The minimum setback of a garage facade from the curb line of an interior roadway shall be 20 feet where there is no sidewalk and 25 feet where there is a sidewalk. In other locations, the minimum distance between buildings and drive aisle and driveways shall be 10 feet, except that no setback shall be required between garages and driveways designed and intended to provide direct access to said garages. There shall be a minimum clear space of six feet, after subtracting out two feet for vehicle overhang, between buildings and parking spaces.
§ 166-180.39 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 AH-3 Overlay District shall comply with the following requirements:
A.
Bedroom distribution requirements. The market-rate units shall consist of no more than 50% three-bedroom units. No market-rate units shall contain more than three bedrooms. The affordable units shall comply with the bedroom distribution requirements set forth in the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.).
B.
Buffer requirements. A planted buffer area minimally 20 feet in depth shall be provided and maintained along the front lot line. In addition, a planted buffer area shall be provided and maintained along all side and rear lot lines, the depth of which shall be determined by the reviewing board at the time of site plan approval. The buffer area shall be located within the AH-3 Overlay District. All required buffer areas shall be designed in accordance with § 166-125D and E of the Township Land Use and Development Code. Development in the AH-3 Overlay District shall be specifically exempted from § 166-125C(3) related to minimum buffer depths adjacent to Interstate Route 287.
C.
Off-street parking.
(1)
The minimum number of off-street parking spaces for development in the AH-3 Overlay District shall be as set forth in the Residential Site Improvement Standards (N.J.A.C. 5:21) and § 166-154 of the Township Land Use and Development Code.
(2)
Residential development constructed in accordance with the AH-3 Overlay District shall be specifically exempt from § 166-154B pertaining to private garages.
D.
Access. Vehicular ingress and egress to an inclusionary development in the AH-3 Overlay District shall be contained on the lot within the AH-3 Overlay District. However, nothing herein shall be interpreted to prohibit a future age-restricted residential development on Block 2403, Lot 5 (or any portion of Lot 5 subdivided therefrom) from having its primary vehicular ingress and egress through the lot within the AH-3 Overlay District.
E.
Signage. Signage requirements for the AH-3 Overlay District shall be consistent with the requirements for signs in the Signs in the RM, RM-2, RM-3, RM-4, RM-5, RM-6, RM-7, AH-1 and AH-2 Zone Districts, as set forth in § 166-143.
F.
Patios, porches and decks. Patios, porches and decks attached to a principal building shall be subject to the following requirements:
(1)
Patios, porches and decks shall be permitted to encroach up to 10 feet into the minimum front, side, and rear yard setbacks required for the principal building, provided that said patios, porches and decks are neither roofed nor enclosed.
(2)
Patios, porches and decks shall be exempt from the requirements for minimum distance between buildings set forth at § 166-180.38K., provided that said patios, porches and decks are neither roofed nor enclosed, and further provided that patios, porches and/or decks which are attached to one building shall be separated from any patios, porches and/or decks attached to a different building by a minimum distance of 20 feet.
G.
All other applicable requirements of Chapter 166, Land Use and Development Legislation, shall apply to development within the AH-3 Overlay District unless specifically superseded by the regulations of this article.