Montgomery City Zoning Code
§ 16-4.4
APT/TH Multiple-Family Residential.
[Ord. #85-482, S 404; Ord. #85-489, SS 1A, IB; Ord. #88-584, S III H-J; Ord. #88-602, S 2; Ord. #89-607, S 8; Ord. #90-674, S 2; Ord. #95-845, S 2; Ord. #04-1170, S 3; Ord. #12-1418, S 3]
a.
Principal Permitted Uses on the Land and in Buildings.
3.
Public playgrounds, conservation areas, parks and public purpose uses.
4.
Public utility uses as conditional uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1 for standards).
5.
Retail sales of goods and services on lots between 30,000 square feet and 35,000 square feet in area, provided that the lot is created and approved by the Township simultaneously with the approval of an APT/TH development, and providing further that all other area and yard requirements specified in Subsection 16-4.5d for Individual Uses in the HC District are met, and that all requirements specified in Subsections 16-4.5b, 16-4.5c, 16-4.5f, 16-4.5g and 16-4.5h for uses in the HC District.
b.
c.
Maximum Building Height.
[Amended 7-16-2020 by Ord. No. 20-1642]
1.
No apartment building shall exceed 35 feet in height and 3 1/2 stories as measured from the proposed finished grade.
2.
No townhouse building shall exceed 35 feet in height and 3 stories as measured from the proposed finished grade.
3.
No other principal building, including any retail building or recreation center building or clubhouse shall exceed 35 feet in height and 2 1/2 stories as measured from proposed finished grade.
4.
No accessory building shall exceed 15 feet in height and 1 1/2 stories.
d.
Maximum Number of Dwelling Units Permitted. The maximum number of dwelling units within an APT/TH development shall be computed on the basis of eight dwelling units per acre of non-critical lands, plus a transfer of an additional one-fifth dwelling unit per acre from the critical lands to the non-critical lands. It is the specific intent of this chapter that no structure be constructed on any critical lands within an APT/TH development.
e.
Area and Distance Requirements.
1.
The minimum tract size shall be 15 acres. A minimum of 300 feet of frontage on one arterial or collector street shall be required.
2.
Minimum distance between townhouse and apartment buildings shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum separation between the buildings shall be the sum of the two abutting distances. The minimum distances shall be 25 feet for the front of a building on a public street and 10 feet for the front of a building on a private street; 15 feet for the side of a building and 25 feet for the rear of a building. No portion of any building shall be closer to any portion of any other building than the combined distances of the abutting requirements for each building, providing that the corner of a building off-set more than a 20° angle from a line drawn parallel to another building shall be considered a side of building. In addition, no building shall be located closer than 50 feet from the right-of-way line of any arterial street, 40 feet from the right-of-way line of any collector street, 25 feet from the right-of-way line of any local street, or 10 feet from any private road or parking area.
4.
A minimum buffer area of 100 feet in width shall be provided adjacent to Van Horn Brook, between the Millstone River to the east and Princeton Avenue to the west. The aforesaid buffer shall be designed for passive recreational use and shall be part of the common open space requirements specified in Subsection 16-6.5d of this chapter.
5.
All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.
f.
Minimum Off-Street Parking. Each individual use shall provide parking spaces according to the following minimum provisions:
1.
Townhouses and apartments shall provide 1 1/2 spaces for each dwelling unit consisting of one bedroom or less and two spaces for each dwelling unit consisting of more than one bedroom. Each one car garage space and the driveway leading to the garage space shall, together, be considered 1 1/2 parking spaces.
g.
Minimum Off-Street Loading. Adequate trash and garbage pick-up stations shall be provided within a totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses by a fence, wall, planting or combination of the three. Such stations shall be located a minimum of 30 feet from residential structures.
h.
Permitted Signs.
1.
Each APT/TH development and each principal permitted nonresidential use may have one freestanding sign along each abutting arterial or collector road which provides vehicular access to the development, provided there exists at least 250 feet of unbroken frontage. Such signs shall not exceed six feet in height, shall be set back at least 10 feet from any street right-of-way lines and driveways and 25 feet from any other property line, and shall not exceed an area of 25 square feet and shall be used to display the development's name.
2.
Each principal permitted nonresidential use also may have one attached sign not exceeding 20 square feet in area.
i.
Common Open Space Requirements. See Subsection 16-6.5d for standards, requirements and guidelines.
j.
Low- and Moderate-Income Housing Requirements.
1.
At least 20% of the total number of residential dwellings within an APT/TH development shall be subsidized or otherwise made affordable to low- and moderate-income households as discussed and defined in the Mt. Laurel II Supreme Court Decision (So. Burlington Cty. N.A.A.C.P. v. Mt. Laurel Tp., 92 N.J. 158 (1983)).