All permitted uses in the Low-Density Residential - 1 Zone by § 190-46.

Garden apartment developments and attached single-family residences for rental or condominium ownership purposes may be permitted under the terms and specifications herein.

Rooming houses or boardinghouses.

Home offices and home occupations.

All accessory uses permitted in the R-1 Zone.[1]

Application to Secretary of Joint Land Use Board. Application for a multifamily development project shall be made to the Secretary of the Joint Land Use Board by completing an original application and three copies and filing together with eight copies of the proposed site plan and the supporting information required by Article XIV, Site Plan Review Process.[1]

Joint Land Use Board review. The Joint Land Use Board shall review and act on the application in accordance with the provisions of Article XIV, Site Plan Review Process. Additionally, the Joint Land Use Board shall review the application and proposed uses and recommend to the developer revisions to the proposed use to bring it into substantial conformance with the Master Plan, as it may be adopted, and in accordance with good principles of land use planning.[2]

Copies. The Secretary of the Joint Land Use Board shall transmit one copy of all approved and denied applications to the Borough Engineer and one copy of all approved applications to the Construction Code Official and to the Tax Assessor.

Off-street parking facilities for the residents.

Necessary utility improvements.

Laundry and enclosed storage areas for the use of the residents.

A swimming pool restricted to residents and their guests, provided that it is constructed and operated according to the Uniform Construction Code of New Jersey.[2]

The minimum lot area for any multifamily development shall be not less than 10 acres in a single parcel, which shall not be bisected by a public street, inclusive of any streets, roads or driveways, whether privately owned or dedicated to the Borough from within the district.

Each lot shall have continuous frontage of at least 400 feet upon an existing public street, which shall be an arterial street as designated and defined for the construction of an existing arterial street in accordance with standards for an arterial street provided by Chapter 170, Subdivision of Land, and as approved by the Borough Engineer.

Each lot shall have a depth of not less than 350 feet.

Maximum density. The maximum permitted density shall not exceed six dwelling units per acre for garden apartments and four dwelling units an acre for attached single-family dwellings.

Building coverage. The maximum lot coverage for principal and accessory buildings shall be 20% of the total lot area.

Open area. A minimum of 50% of the total lot area shall be maintained as open area. This required open area shall not be covered by buildings, nor shall it be devoted to service driveways, off-street parking or loading spaces or drying yards. It is further provided that 20% of the above-referenced open area be suitable for usable recreational space, and each such recreational space shall be at least 50 feet in the least dimension, with a minimum area of 5,000 square feet. In all instances, a minimum of 60% of the usable recreation area shall be suitable for dry ground recreation uses, of which not more than 1/2 shall exceed 5% grade.

Street setback. All buildings, structures and off-street parking areas shall be set back a minimum of 75 feet from the right-of-way line of any public street. One project identification sign, subject to the provisions of § 190-14, shall be permitted in the street setback areas.

Lot line setback. All principal buildings shall be set back a minimum of 75 feet from any lot line. Accessory buildings such as off-street parking garages may be permitted within 20 feet of the lot line, provided that they abut or serve the dual purpose of retaining walls. Otherwise, all accessory uses, including off-street parking facilities, shall be set back a minimum of 35 feet from any lot line.

Distance between buildings. The minimum distance between any two unattached buildings shall be 40 feet. The setback shall be increased to 60 feet if the buildings are face to face or back to back. The point of measurement shall be the exterior walls of the buildings and does not include balconies or other architectural features.

Use of setback area. All setback areas, except as hereinabove specified, shall be devoted to open or landscaped area as specified in § 190-13.

Area to be landscaped. All area not occupied by buildings, roads, parking areas, service areas or other required or permitted uses, but including open spaces and usable recreational areas, shall be landscaped by planting lawns, trees, shrubs, gardens or other suitable ground cover. See § 190-13.

Landscaping plan and approval. A landscaping plan and a schedule of planting shall be submitted and shall be subject to the review and approval of the Borough Joint Land Use Board under Article XIV.

Buffer strip. There shall be a landscaped buffer strip along that portion of the perimeter of the lot as may be necessary to reasonably screen the buildings constructed thereon from view. Such buffer strip shall be at least 10 feet as measured from the property line or public street right-of-way. The landscaping for the buffer strip shall be designed and planned to protect the view and maintain the characteristics of adjoining properties.

Natural cover and vegetation. To the extent it is consistent with good site planning and other requirements of this chapter, the developer should attempt to maintain and enhance the natural cover and vegetation of the site.

Size restrictions. No individual building shall contain fewer than four or more than 12 dwelling units. Further, no cluster or group of attached buildings shall contain more than 24 dwelling units. Additionally, no townhouse unit shall be less than 16 feet wide.

Number of floors. No building or cluster of buildings shall leave more than two floors devoted to dwelling units, except as provided for terrace apartments in § 190-66 above. There shall be no basement or attic apartments.

Building length. The maximum length of any building shall not exceed 200 feet. Such limitation shall apply to any cluster of attached buildings unless there is a break in the deflection angle of at least 20° or an offset in the facade of at least four feet in depth. Under no circumstances shall a cluster of buildings exceed 300 feet in length.

Distance to service areas. No principal building shall be closer than 20 feet to any interior driveway or closer than 15 feet to any off-street parking area.

Building egress. Each building containing common hallways shall provide a minimum of two means of egress, remote from each other and leading to exits. In addition, means of egress shall comply with Article 6 of the State of New Jersey Regulations for the Construction and Maintenance of Hotels and Multiple Dwellings.

Fire-resistant materials. All buildings shall be constructed with fire-resistant materials which comply with the Borough Building Code[1] and Article 3 of the State of New Jersey Regulations for the Construction and Maintenance of Hotels and Multiple Dwellings.

Fire wall. A continuous fire wall of approved noncombustible materials, with a fire-resistant rating of three or more hours, shall be provided between each four dwelling units.

Acoustical control. Walls, partitions and floor-ceiling constructions separating dwelling units from each other or from halls, corridors or stairs shall have a minimum sound-transmission class (STC) rating of 45 and a minimum impact noise rating (INR) of minus five. Where practical, each apartment or townhouse shall be separated from adjacent apartments or townhouses by other than living spaces, such as bathrooms, kitchens, closets, stairs or mechanical areas. Penetrations or openings in walls, partitions or floors shall be packed, sealed, lined, back-plastered or otherwise isolated by sufficient mass to maintain the required STC ratings.

Building surface appearance. Buildings shall be designed to prevent the appearance of straight unbroken lines in the horizontal or vertical surfaces. Buildings shall have no more than 75 continuous feet without a setback or break. A break shall require a minimum of five feet in horizontal distance between the exterior surfaces or building elevations.

Balconies. Each garden apartment dwelling with a floor level over eight feet above grade level shall have an exterior balcony. Balconies shall have a minimum floor area of 60 square feet and a width of not less than six feet. Balconies shall have railings and balusters of not less than three feet in height.

Exterior surface. The exterior of all buildings shall be of brick or stone a minimum of four inches thick. Decorative trim not exceeding 25% of the exterior surface may be utilized, provided that such trim is backed with a fire-resistant material.

Air-conditioning units. Air-conditioning units shall not project beyond the exterior face of exterior walls more than six inches.

Laundry and storage areas. An enclosed laundry and storage area for the use of residents shall be provided for each dwelling unit. A minimum of 100 square feet of laundry and storage area shall be provided for each dwelling unit constructed and shall be located in convenient locations within the structures in which the dwelling units are located. Storage areas for each dwelling shall be provided and designed for individual access.

Facilities. All apartment units shall contain complete kitchen, bathroom, bathing and washing facilities with adequate ventilation.

Minimum floor areas. For the purpose of this chapter, the following shall be considered minimum habitable floor areas:

Off-street parking areas may be located in enclosed garages or in surface parking lots, provided that such shall comply with the following minimum standards:

Illumination. All open parking areas and driveways shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles, and such illumination shall be appropriately shielded so as to prevent unreasonable glare and annoyance to persons in adjacent buildings, streets and highways.

Internal streets. Private internal streets shall have a minimum paved width of 30 feet available for traffic flow. All internal streets shall be designed, constructed and maintained in accordance with the standards set forth in Chapter 170, Subdivision of Land, and all engineering specifications shall be approved by the Borough Engineer.

Driveways. Driveways for egress and ingress to the development tract shall not be located within 150 feet of any street intersection or so as to create, or be likely to create, hazardous traffic conditions. Each site shall have no less than two accessways to a public street or streets, and no accessway shall be located immediately adjacent to an adjoining property line. The minimum width of accessways shall be 24 feet, and the maximum width shall not exceed 36 feet. A continuous curb, constructed in accordance with the Borough standards, shall separate the building site from public streets, and access to the streets shall be permitted only through the aforementioned accessways.

Curbs. Paved roadways and parking areas shall be provided with curbs in locations as may be specified by the Borough Engineer. All paving and curbs shall be constructed in accordance with the design standards set forth in Chapter 170, Subdivision of Land, or Chapter 168, Article II, Road Construction Specifications, as the case may be.

Sidewalks. Pedestrian walkways and sidewalks constructed in accordance with the design standards set forth in Chapter 170, Subdivision of Land, shall be provided by the developer along either side of a major accessway and wherever else normal pedestrian use may occur as approved by the Joint Land Use Board and Borough Engineer.

Maintenance of streets. All streets owned by the project owner shall be the responsibility of the owner to the extent of necessary maintenance thereof and snow removal therefrom.

Fire hydrants. Fire hydrants of a type and in number and location approved by the Borough Engineer, with the advice of the Milford Borough Water Department and Milford Volunteer Fire Company, shall be installed by the developer.[1]

Water supply. An adequate supply of potable water, from an approved water supply source, shall be provided. The developer shall furnish certification from the Milford Borough Water Department, or other suitable water source, that the water supply is adequate and will be provided to the site.[2]

Sanitary sewers. A sewage treatment plant and collection system, approved by the Borough Council and the Borough Engineer and meeting all state and local regulations, shall be constructed and operated by the developer unless or until a municipal system is available, in which case hookup to such system may be required by the Borough.

Drainage. Adequate on-site drainage facilities, of a type and in number and location approved by the Borough Engineer, shall be installed by the developer.

Noncorrosive, impervious and noncombustible receptacles shall be provided and constructed to prevent leakage and shall be provided with tight-fitting covers.

Receptacles shall be located so as not to create any health hazard or unsightly appearance and be accessible to the collecting agent.

All receptacles shall be covered, maintained in good order and cleaned at least once a week.

No waste or other refuse shall be stored or collected other than in approved receptacles.

If special equipment is required for the collection of solid waste, the owner or his agent shall be responsible for the removal of solid waste from the development, and such waste disposal shall conform to all Hunterdon County Division of Public Health Services regulations and the above minimum requirements, whichever is greater. Waste disposal collection under the latter conditions shall be in conformance with the Borough collection schedule or, in the absence thereof, at least twice weekly.[1]