Montgomery City Zoning Code
§ 16-4.14
Site Specific Inclusionary Zones for COAH Qualified Affordable Housing.
[Ord. #10-1358, S 4; Ord. #11-1376, S 4; Ord. #12-1418, S 13; Ord. #12-1423, S 6; amended 7-19-2018 by Ord. No. 18-1584; 7-19-2018 by Ord. No. 18-1585; 7-19-2018 by Ord. No. 18-1586; 7-16-2020 by Ord. No. 20-1642; 9-1-2022 by Ord. No. 22-1688; 4-18-2024 by Ord. No. 24-1723]
In accordance with N.J.A.C. 5:97-6.4 of COAH's Third Round Substantive Rules, the following five zoning districts are created for the construction of affordable housing units in accordance with COAH's rules for site specific Zoning For Inclusionary Development and other applicable COAH rules.
a.
Site Specific Inclusionary Zone 1 (SSIZ-1).
1.
Property Description and Purpose.
(a)
The SSIZ-1 includes approximately 26.157 acres of the property situated on Orchard Road near the southwestern corner of the Route 206/Orchard Road intersection; the property is identified as Block 28001/Lot 5.01 on the Township Tax Maps.
(b)
The subject property shall be developed in its entirety as an "inclusionary" residential development containing a total of 152 units, including 112 market family units for sale and 40 affordable family units for rent, which is planned, approved and constructed as a single development.
2.
Conceptual Development Plan for the Subject Property.
(a)
A conceptual plan initially was prepared for the property and was included in the Housing Plan Element & Fair Share Plan (HPE&FSP) document which was adopted by the Montgomery Township Planning Board on December 8, 2008.
(1)
An updated and more detailed conceptual site plan was prepared by Van Cleef Engineering Associates and is dated March 26, 2012, with revisions through August 31, 2012.
(2)
The updated conceptual site plan includes 112 market rate townhouses plus 40 rental apartment units to be set aside for occupancy by COAH qualified family households.
(3)
Twenty-six of the 40 rental apartment units shall be for COAH qualified moderate-income households, six shall be for low-income households, and eight shall be for very-low-income households.
(b)
It is intended that the development of the SSIZ-1 designated property be in accordance with the August 31, 2012 updated conceptual site plan referred to hereinabove.
3.
Principal Permitted Uses on the Land and in Buildings.
4.
Accessory Uses Permitted.
(a)
Common recreational facilities as specifically approved by the Planning Board within the designated open space, including, but not limited to, tennis courts, tot lots, picnic tables and recreational paths.
(b)
Landscaping features including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses.
(c)
Underground sprinkler systems within the designated open space and within individual lots, provided that the water spray does not extend beyond the tract boundary line.
(e)
Patios and decks in the rear yard areas of dwelling units, in accordance with the standards specified in Subsection 16-6.3 of this chapter.
(g)
Signs in accordance with Subsection 16-4.14a11 hereinbelow and the design provisions specified in Subsection 16-5.13 of this chapter.
(h)
Office space within an apartment building to be used for the operation and management of the affordable rental apartments.
5.
Maximum Building Height.
(a)
Notwithstanding anything to the contrary in this chapter, no apartment building shall exceed 48 feet in height and 3 1/2 stories as measured from the proposed finished grade.
(b)
Notwithstanding anything to the contrary in this chapter, no townhouse building shall exceed 35 feet in height and 2 1/2 stories as measured from the proposed finished grade, except that where walkout basements are provided for units which abut common open space or conservation or deed restricted areas at least 200 feet deep and/or where walkout basements are provided for units which abut a nonresidential zoning district, the building height shall be measured along the front side of the building only.
(c)
No accessory building shall exceed 15 feet in height and 1 1/2 stories.
6.
Maximum Number of Dwelling Units Permitted. The maximum number of dwelling units shall be computed on the basis of 5.9 dwelling units per gross acre of land, but in any case, no more than 152 dwelling units shall be permitted.
7.
Area and Distance Requirements. Minimum distances between townhouse buildings and/or 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, and each building shall have one front, one rear and two side yards:
(a)
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 20 feet for the rear of a building;
(b)
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, provided 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 the building, and provided further that, in any case, the minimum building separation shall be 30 feet; and
(c)
The minimum separation distances shall not consider in the distance calculations the following:
(1)
Any attached deck at the rear of a unit, provided that the deck does not extend more than 10 feet from the rear of the unit; and
(2)
Any bay windows, chimneys, or other architectural features extending from the building wall as may be specifically approved by the Planning Board, provided that such architectural features extend no more than two feet from the building wall.
(d)
In any case, and notwithstanding the distances specified hereinabove, no building shall be located closer than 50 feet to the right-of-way line of any existing public street, 35 feet to any tract boundary line, and 10 feet from any private road or parking area.
8.
Requirements for Buildings:
(a)
All buildings shall have a dual pitched, single ridge roof (such as gable, hip, gambrel or mansard roof) with a minimum pitch of five feet vertical to 12 feet horizontal, and no flat roof shall be permitted; provided, however, that where roof mounted equipment is necessary and/or preferable for the operation of the building, a facade roof treatment exhibiting the appearance of such a dual pitched, single ridge roof may be permitted if specifically approved by the Planning Board as part of a submitted site plan application for development.
(b)
For buildings more than 2 1/2 stories in height, the following shall be met:
(1)
The building, or portions thereof, shall be provided with both heat and smoke alarms as well as a fire suppression sprinkler system where required by code.
(2)
Every egress window as defined by the Uniform Construction Code of the State of New Jersey shall be directly and safely accessible from the ground by a twenty-eight-foot high ladder placed at the currently adopted National Fire Protection Association (NFPA) accepted ladder-to-ground angle of elevation.
9.
Off-Street Parking, Private Garages And Driveways.
(a)
Notwithstanding any other ordinance provisions to the contrary, each individual use shall be provided off-street parking spaces according to the following minimum provisions, provided that a lesser number of parking spaces may be approved by the Planning Board subject to a waiver of the Residential Site Improvement Standards (RSIS) being obtained by the applicant.
(1)
Townhouses shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.3 spaces for each two-bedroom unit, and 2.4 spaces for each three-bedroom townhouse unit. Where the bedroom count per dwelling unit is not specified, 2.3 spaces per unit shall be provided.
(2)
Apartments shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.0 spaces for each two-bedroom unit, and 2.1 spaces for each three-bedroom apartment unit. Where the bedroom count per dwelling unit is not specified, 2.0 spaces per unit shall be provided.
(3)
For both townhouses and apartments, each garage space shall be counted as 1.0 off-street parking space, regardless of the length of the driveway.
(i)
A one-car garage and driveway combination shall count as two off-street parking spaces for the subject unit, provided that the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
(ii)
A two-car garage and driveway combination shall count as 3 1/2 off-street parking space for the subject unit, provided that the driveway measures a minimum of 20 feet in width for a minimum 18 feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
(b)
All off-street parking spaces shall be on the same site as the use they are intended to serve and shall be located within 150 feet of the nearest building entrance providing access to the subject use.
(c)
No off-street parking area or internal roadway shall be located within 50 feet of any existing public road.
10.
Trash and Recycling Requirements. Unless a different method for the pickup of trash and recyclable materials is proposed by the applicant and approved by the Planning Board, an indoor or outdoor recycling area for the collection and storage of residentially-generated trash and recyclable materials shall be provided as follows:
(a)
The trash and recyclable material collection and pickup locations shall be provided either within the building being served or in nearby locations outside the building.
(b)
If located outside the building, the trash and recyclable materials area shall include a steel-like, totally enclosed trash and garbage container, finished with materials used to construct the building(s) being served, and located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence or wall. Landscaping, at least six feet in height, shall be provided around any outdoor recycling area.
(c)
The area provided for the collection and pickup of recyclable materials shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.
(d)
The area provided for the collection and pickup of recyclable materials, and the bins or containers placed therein, shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered so as to keep the paper or cardboard dry.
(e)
Individual bins or containers for the collection and pickup of recyclable materials shall be equipped with signs indicating the materials to be placed therein.
11.
Permitted Signage.
(a)
One ground mounted freestanding sign identifying the name of the development no larger than 25 square feet shall be permitted at the entrance to the development from an existing public street.
(1)
The sign shall not exceed six feet in height and shall be set back at least 10 feet from all street lines and 50 feet from all other property lines.
(2)
Any sign illumination shall be external to the sign and shall be designed and oriented to prevent any sight of the lamp from any street or neighboring properties.
12.
Common Open Space Requirements.
(a)
See Subsection 16-6.5d for standards, requirements and guidelines, except that the provisions concerning exclusion of detention and/or retention basins from common open space shall not be applicable.
(b)
At minimum, a recreational pathway system and tot lot shall be provided for the residents of the development consistent with that shown on the updated conceptual site plan dated March 26, 2012, with revisions through August 31, 2012.
13.
General Requirements and Exceptions.
(a)
The development shall be planned and developed with a common architectural theme which shall be subject to review and approval by the Planning Board; the architectural theme shall include the appearance of all sides of all buildings, signing, fencing, lighting, paving, curbing, and landscaping.
(b)
The right-of-way for the portion of the north-south Route 206 bypass Master Plan road extending from Orchard Road south to Route 518 shall be dedicated to Montgomery Township for future roadway construction. The general location of said roadway shall be as depicted on the updated conceptual site plan included in the executed Affordable Housing Agreement between the applicant and the Township. The area of the dedicated land to the Township for the Master Plan road shall be credited to the landowner for density calculations.
(c)
The development shall require that adequate public sewerage and potable water be provided.
(d)
No construction permit shall be issued for any dwelling unit, an addition thereto, or for an accessory structure unless the proposed construction is in accordance with the site plan as approved by the Planning Board. After the initial construction of a dwelling unit in accordance with the approved site plan, no application for a subsequent construction permit will be accepted by Montgomery Township for processing unless the application is accompanied by a statement from any applicable homeowners' association indicating that the proposed construction has been approved by the homeowners' association.
(e)
Forty rental apartment units shall be set aside for occupancy by COAH eligible family households. Of the 40 rental apartment units, 26 units shall be for COAH qualified moderate-income households, six units shall be for low-income households, and eight units shall be for very-low-income households.
(g)
Apartment buildings may be located on separate lots which are created for financial purposes and are superimposed on the approved site plan for the development, provided that appropriate cross easements are provided.
(h)
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. The landscaping requirements of subsection 14-3.12 of Chapter 14 shall reasonably be applied.
b.
Site Specific Inclusionary Zone 2 (SSIZ-2).
1.
Property description and purpose.
(a)
The SSIZ-2 includes approximately five acres of property situated on the east side of State Highway Route 206 and is identified as "Block 29002, Lot 45," on the Township Tax Assessment Maps (rev. ed. 2017).
(b)
The tract subject to the SSIZ-2 District regulations contains remnants of a developed property consisting of an open grassed area that was the site of a structure since demolished and an asphalt paved area that served as the parking area and driveway for the previous use. The SSIZ-2 District provides land use regulations for the redevelopment of the site where specific site elements are incorporated that limit the impact to the surrounding parcels through the requirement of adequate development setbacks and sufficient buffering.
(c)
The SSIZ-2 District is intended to provide for the development of an inclusionary multifamily housing development containing a total of 115 units, including 92 market-rate family rental units and 23 affordable family rental units restricted to occupancy by households of very low, low and moderate income. Affordable dwellings shall be integrated and indistinguishable from the market-rate units.
2.
Conceptual development plan for the subject property.
(a)
A conceptual plan has been prepared for the property.
(1)
The conceptual site plan was prepared by Van Cleef Engineering Associates, dated May 22, 2018, revised June 12, 2018. A true copy of same, available for inspection by the public, is on file in the offices of the Township Clerk and Planning Director.
(2)
The conceptual site plan includes two apartment buildings. There shall be a maximum of 115 units, of which 23 family apartment units shall be affordable to very-low-, low- and moderate-income households.
(3)
Eleven of the 23 affordable rental units shall be affordable to moderate-income households, nine of the units shall be affordable to low-income households, and three of the units shall be affordable to very-low-income households.
(4)
Four of the 23 affordable rental units shall be one-bedroom units, 14 shall be two-bedroom units, and five shall be three-bedroom units.
(b)
It is intended that the redevelopment of SSIZ-2 designated property be in accordance with the conceptual site plan referred to hereinabove.
3.
Principal permitted uses on the land and in buildings:
4.
Accessory uses permitted:
(a)
Common recreational facilities, as specifically approved by the Planning Board, within the specified open space in order to satisfy the needs of the residential population within the development, including, but not limited to, tennis courts, tot lots, picnic tables and recreational paths.
(b)
Landscaping features, including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses.
(c)
Underground sprinkler systems within the designated open space and within individual lots, provided that the water spray does not extend beyond the tract boundary line.
(e)
Patios and balconies in accordance with the standards specified in Subsection 16-6.3 of this chapter.
(g)
Signs in accordance with Subsection 16-4.14b11 hereinbelow and the design provisions specified in Subsection 16-5.13 of this chapter.
(h)
Office space within an apartment building to be used for the operation and management of the affordable rental apartments.
(j)
Existing utility building.
(k)
Temporary construction trailers and one sign not exceeding 32 square feet in area, either attached to the trailer or freestanding, which advertises the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and ending with the issuance of a certificate of occupancy or one year, whichever time period is less. The temporary construction trailer(s) and temporary sign shall be located on the site where the construction is taking place and shall be set back at least 30 feet from all lot lines and from the right-of-way lines of all existing and proposed streets. There shall be at least one operating telephone within the trailer.
6.
Maximum number of dwelling units and maximum intensity permitted. The maximum number of dwelling units shall be computed on the basis of 23 dwelling units per gross acre of the entire tract, but in any case no more than 115 units shall be permitted.
7.
Area and distance requirements.
(a)
Impervious coverage shall not exceed 70% of the gross tract area.
(b)
Building coverage shall not exceed 30% of the gross tract area.
(c)
The minimum separation between the buildings shall be 70 feet.
(d)
Notwithstanding the distances specified hereinabove, no building shall be located closer than 75 feet to the existing right-of-way line of any public street, 20 feet to the side property lines, 50 feet to the rear property line, and 10 feet to any parking area, except that balconies may encroach into a required front, side, or rear yard setback up to three feet.
(e)
No parking area, loading area, driveway or other structure (except for approved accessways, signs and fencing) shall be permitted within nine feet of any property line, and such areas shall be planted and maintained in lawn area or ground cover and shall be landscaped with trees and shrubbery as approved by the Board.
8.
Requirements for buildings.
(a)
General architectural requirements.
(1)
The building design shall be generally in accordance with the exhibit entitled "Proposed Apartments," dated June 6, 2018, revised June 26, 2018, prepared by Holliday Architects, Inc. A true copy of same, available for inspection by the public, is on file in the offices of the Township Clerk and Planning Director.
(2)
However, it is not intended that the building concept plan be definitive regarding any particular aspect of the architectural design, it being intended that Board review of the architectural plans will result in reasonable refinements, while still being substantially consistent with the building concept plan.
(3)
Multiple detached principal buildings shall be permitted on the tract.
(4)
The exteriors of all building in the development, including accessory buildings, shall be architecturally compatible and shall be constructed of complementary materials.
(5)
All building elevations shall exhibit classical proportions. The characteristics of classicism include symmetry, repetition of elements, expressions of hierarchy to reflect the building uses, and tripartite compositions (base, middle, top).
(6)
Subelements within the facades and individual architectural components (i.e., railings, awnings, columns) shall also conform to the overall classical proportions of the facade.
(7)
All entrances to a building shall be articulated utilizing architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches or overhangs.
(8)
Balconies and patios shall be designed as integral subcomponents of the building facade. Cantilevered balconies are not permitted.
(9)
The building shall be provided with both heat and smoke alarms as well as a fire-suppression sprinkler system where required by code.
(b)
Facade treatments.
(1)
Any facade exceeding 30 feet or more in length shall include at least one change in wall plane (projection or recess) having a depth of at least 3% of the entire length of the facade and extending for a minimum of 20% of the entire length of the facade.
(2)
The architectural treatment of the front facade(s) shall be continued in its major features around all sides of each building.
(c)
Roof treatments.
(1)
Principal roof eaves shall project at least one foot beyond the building facade or a supporting column. Secondary roof eaves (i.e., balconies, porches and patios) shall project at least one foot.
(2)
Roofs shall have a minimum pitch of 4/12.
(3)
The transition between a facade and a roof shall have a cornice or frieze that is designed to fit the overall composition of the facade.
(d)
Window treatments.
(1)
Windows and other openings in the facade shall exhibit a vertical emphasis, in harmony with the overall facade composition. Windows shall be single-hung with simulated divided lights.
(2)
Within each building elevation, the maximum ratio of windows to wall shall be 50% window to 50% wall. The minimum ratio of window to wall shall be 25% window to 75% wall.
9.
Off-street parking and driveways.
(a)
No off-street parking area or internal roadway or drive aisle shall be located within 50 feet of any existing public road.
(b)
Each dwelling unit shall be provided a minimum number of parking spaces according to the provisions of the Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21, or based upon historical data provided, subject to Township review.
10.
Trash and recycling requirements.
(a)
The trash and recyclable material collection and pickup locations shall be provided either within the building being served or in nearby locations outside the building.
(b)
If located outside the building, the trash and recyclable materials area shall be totally enclosed, finished with materials used to construct the building(s) being served, up to a maximum of eight feet in height, and located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence or wall. Landscaping, at least six feet in height, shall be provided around any outdoor trash and recycling area.
(c)
The area provided for the collection and pickup of trash and recyclable materials shall be well lit and shall be safely and easily accessible by trash and recycling personnel and vehicles. Collection vehicles shall be able to access the trash and recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the trash and recycling area and the bins or containers placed therein against theft of trash and recyclable materials, bins or containers.
(d)
Any bins or containers which are used for the collection of trash and recyclable material, and which are located in an outdoor trash and recycling area, shall be equipped with a lid.
(e)
Individual bins or containers for the collection and pickup of recyclable materials shall be equipped with signs indicating the materials to be placed therein.
11.
Permitted signage.
(a)
Community sign. One ground-mounted freestanding sign identifying the name of the development, no larger than 25 square feet, shall be permitted at the entrance to the development from an existing public street.
(1)
The sign shall not exceed six feet in height and shall be set back at least 10 feet from all street lines and 50 feet from all other property lines.
(2)
Any sign illumination shall be external to the sign and shall be designed and oriented to prevent any sight of the lamp from any street or neighboring properties.
(b)
Residential building identification. Each residential building may have up to two attached identification signs. The maximum sign area of each shall not exceed six square feet. Such signs shall be appropriately integrated within the architecture of the buildings.
12.
Community design.
(a)
A minimum of 750 square feet of area shall be provided as community space as depicted on the concept site plan.
(b)
Plantings. All portions of a lot not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, children's play areas, dog walks, etc.) shall be suitably planted with grass, shrubs, and trees and shall be maintained in good condition. In any case, no less than 20% of the area of the lot shall be so planted, and the planted area may include approved detention and/or retention basins.
(c)
Other design features.
(1)
Wherever reasonably feasible, sustainable construction techniques shall be utilized to minimize the impact upon the environment, including energy-efficient building designs, recycled materials, water conservation devices, permeable pavement, native plantings, low chemical usage to maintain the landscaping, and similar measures which are sensitive to the environment.
(2)
The stormwater management plan shall include stormwater management facilities that are designed to enhance the aesthetic attributes of the proposed development.
13.
Affordable housing standards.
(a)
A developer's agreement is required to establish low/moderate apportionment, very-low-income requirement per N.J.S.A. 52:27D-329.1, bedroom distribution, unit size, etc.
(b)
At least 13% of the units shall be affordable to very-low-income households, 37% of the units shall be affordable to low-income households, and 50% shall be affordable to moderate-income households.
(c)
The affordable units shall be developed in accordance with COAH's regulations at N.J.A.C. 5:93[1] and the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq., which govern the administration and affordability controls of affordable units in New Jersey, with one exception. The exception is for 13% very-low-income housing at 30% of the regional median income instead of the UHAC requirement of 10% very-low-income housing at 35% of the regional median income.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B–5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on October 16, 2016.
(d)
Affordable housing standards. In addition to addressing the requirements of COAH as noted above, the affordable units shall be developed in accordance with the following:
(1)
The affordable units cannot be age-restricted units;
(2)
The bedroom distribution requirements pursuant to N.J.A.C. 5:93-7.3[2] and N.J.A.C. 5:80-26.3(b).
[2]
Editor's Note: In accordance with N.J.S.A. 52:14B–5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on October 16, 2016.
(3)
The unit distribution requirements pursuant to N.J.A.C. 5:80-26.3.
(4)
The length of controls requirement and deed restrictions pursuant to N.J.A.C. 5:80-26.11.
(5)
The accessibility and adaptability requirements pursuant to N.J.A.C. 5:97-3.14.
c.
Site Specific Inclusionary Zone 3 (SSIZ-3).
1.
Property description and purpose.
(a)
The SSIZ-3 includes approximately 22 acres of property situated on the east side of Van Home Road (State Highway Route 206) and is identified as Block 6001, Lots 33, 34, 34.01, 35, 35.01 and 36 on the Township Assessment Tax Maps (red. Ed. 2017).
(b)
The SSIZ-3 District provides land use regulations for the redevelopment of the site where specific site elements are incorporated that limit the impact to the surrounding parcels through the requirement of adequate development setbacks and sufficient buffering. The SSIZ-3 District is intended to provide for the development of an inclusionary multifamily housing development with a portion of such housing restricted to occupancy by households of very low, low and moderate income. Affordable dwellings shall be integrated and indistinguishable from the market-rate units.
(c)
The SSIZ-3 District shall permit the property to be subdivided such that:
(1)
Approximately 13 acres of the property, oriented to Van Home Road, is to be developed as an inclusionary residential development, including:
(2)
Approximately 1/2 acre shall be developed with a sanitary sewer pump station that will be dedicated to Montgomery Township.
(3)
The remaining approximately nine acres of the property to the rear of the inclusionary development that is encumbered by environmental constraints such as freshwater wetlands, riparian zones, stream corridors, etc., shall be dedicated to Montgomery Township or otherwise conserved [see Subsection 16-4.14 c12(a)]. However, the residential developer shall be permitted to construct a sanitary sewer infrastructure pipeline through this property and a stormwater management facility discharge.
2.
Conceptual development plan for the subject property.
(a)
A conceptual plan has been prepared for the property.
(1)
The conceptual site plan was prepared by Van Cleef Engineering Associates, dated May 24, 2016, revised June 21, 2018, and is now being replaced by a plan dated April 15, 2020, revised February 22, 2022. A true copy of same, available for inspection by the public, is on file in the offices of the Township Clerk and Planning Director.
(2)
The conceptual site plan includes 54 residential units, including 36 townhouses and 18 apartments. There shall be a maximum of 54 residential units, of which 11 family apartment units shall be affordable to very-low-, low- and moderate-income households.
(3)
Five of the 11 affordable rental units shall be affordable to moderate-income households, four of the units shall be affordable to low-income households, and two of the units shall be affordable to very-low-income households.
(4)
Two of the 11 affordable rental units shall be a one-bedroom unit, six shall be two-bedroom units, and three shall be three-bedroom units.
(b)
It is intended that the redevelopment of SSIZ-3 designated property be in accordance with the conceptual site plan referred to hereinabove.
3.
Principal permitted uses on the land and in buildings:
4.
Accessory uses permitted:
(a)
Common recreational facilities, as specifically approved by the Planning Board, within the specified open space in order to satisfy the needs of the residential population within the development, including, but not limited to, tennis courts, tot lots, picnic tables and recreational paths.
(b)
Landscaping features, including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses.
(c)
Underground sprinkler systems within the designated open space and within individual lots, provided that the water spray does not extend beyond the tract boundary line.
(e)
Patios, decks and balconies in accordance with the standards specified in Subsection 16-6.3 of this chapter.
(g)
Signs in accordance with Subsection 16-4.14c11 hereinbelow and the design provisions specified in Subsection 16-5.13 of this chapter.
(h)
Office space within an apartment building to be used for the operation and management of the affordable rental apartments.
(j)
Temporary construction trailers and one sign not exceeding 32 square feet in area, either attached to the trailer or freestanding, which advertises the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and ending with the issuance of a certificate of occupancy or one year, whichever time period is less. The temporary construction trailer(s) and temporary sign shall be located on the site where the construction is taking place and shall be set back at least 30 feet from all lot lines and from the right-of-way lines of all existing and proposed streets. There shall be at least one operating telephone within the trailer.
6.
Maximum number of dwelling units permitted. The maximum number of dwelling units shall be 54 units.
7.
Area and distance requirements.
(a)
Townhouse units.
(1)
The minimum lot size shall be 11 acres.
(2)
Impervious coverage shall not exceed 40% of the lot size.
(3)
Building coverage shall not exceed 15% of the lot size.
(4)
The minimum separation between buildings shall be 40 feet.
(5)
The maximum number of units in a building shall be six.
(6)
Notwithstanding the distances specified hereinabove, no building shall be located closer than 80 feet to the existing right-of-way line of any public street, 25 feet to the side property lines except a minimum of 50 feet shall be required from the R-2 Zone District, and 40 feet to the rear line.
(7)
No parking area, loading area, driveway or other structure (except for approved accessways, signs and fencing) shall be permitted within 40 feet of the Van Horne Road right-of-way line or within 10 feet of any property line, and such areas shall be planted and maintained in lawn area or ground cover and shall be landscaped with trees and shrubbery as approved by the Board.
(b)
Apartment units.
(1)
The minimum lot size shall be one acre.
(2)
Impervious coverage shall not exceed 40% of the lot size.
(3)
Building coverage shall not exceed 15% of the lot size.
(4)
Notwithstanding the distances specified hereinabove, no building shall be located closer than 40 feet to the existing right-of-way line of any public street, 20 feet to the side property lines, 20 feet to the rear property line, and 10 feet to any parking area.
(5)
No parking area, loading area, driveway or other structure (except for approved accessways, signs and fencing) shall be permitted within 75 feet of the existing Van Horne Road right-of-way line or within 10 feet of any property line, and such areas shall be planted and maintained in lawn area or ground cover and shall be landscaped with trees and shrubbery as approved by the Board.
(c)
Pump station.
(1)
The minimum lot size shall be 1/2 acre.
(2)
Impervious coverage shall not exceed 50% of the lot size.
(3)
Building coverage shall not exceed 30% of the lot size.
(4)
Notwithstanding the distances specified hereinabove, no building shall be located than closer than 75 feet to the existing right-of-way line of any public street or within 10 feet of any property line.
(5)
No parking area, loading area, driveway or other structure (except for approved accessways, signs and fencing) shall be permitted within five feet of any property line.
8.
Requirements for buildings.
(a)
General architectural requirements.
(1)
The building designs shall be generally in accordance with the renderings prepared by Holliday Architects Incorporated dated August 23, 2018, revised through January 5, 2022. A true copy of same, available for inspection by the public, is on file in the offices of the Township Clerk and Planning Director.
(2)
However, it is not intended that the building concept plan be definitive regarding any particular aspect of the architectural design, it being intended that Board review of the architectural plans will result in reasonable refinements, while still being substantially consistent with the building concept plan.
(3)
All principal buildings within 40 feet of Van Horne Road shall have a front facade facing Van Horne Road.
(4)
Multiple detached principal buildings shall be permitted on the tract.
(5)
The exteriors of all building in the development, including accessory buildings, shall be architecturally compatible and shall be constructed of complementary materials.
(6)
The overall development of each building shall contain, at a minimum, one end unit model and one interior model.
(7)
Materials shall be unified among all townhouses.
(8)
All building elevations shall exhibit classical proportions. The characteristics of classicism include symmetry, repetition of elements, expressions of hierarchy to reflect the building uses, and tripartite compositions (base, middle, top).
(9)
Subelements within the facades and individual architectural components (i.e., railings, awnings, columns) shall also conform to the overall classical proportions of the facade.
(10)
All entrances to a building shall be articulated utilizing architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches or overhangs.
(11)
Balconies and patios shall be designed as integral subcomponents of the building facade. Cantilevered balconies are not permitted.
(b)
Facade treatments.
(1)
Any facade exceeding 30 feet or more in length shall include at least one change in wall plane (projection or recess) having a depth of at least 3% of the entire length of the facade and extending for a minimum of 20% of the entire length of the facade.
(2)
The architectural treatment of the front facade(s) shall be continued in its major features around all sides of each building.
(c)
Roof treatments.
(1)
Principal roof eaves shall project at least two feet beyond the building facade or a supporting column. Secondary roof eaves (i.e., balconies, porches and patios) shall project at least one foot.
(2)
Roofs shall have a minimum pitch of 4/12.
(3)
The transition between a facade and a roof shall have a cornice or frieze that is designed to fit the overall composition of the facade.
(d)
Window treatments.
(1)
Windows and other openings in the facade shall exhibit a vertical emphasis, in harmony with the overall facade composition. Windows shall be single-hung with simulated divided lights.
(2)
Within each building elevation, the maximum ratio of windows to wall shall be 50% window to 50% wall. The minimum ratio of window to wall shall be 25% window to 75% wall.
9.
Off-street parking and driveways.
(a)
No off-street parking area or internal roadway or driveway shall be located within 40 feet for the townhouse lot and 75 feet for the apartment lot of any existing public road, and all shall be screened from the public road, public view and adjacent properties with trees and shrubbery as approved by the Board.
(b)
Each dwelling unit shall be provided a minimum number of parking spaces according to the provisions of the Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21, or based upon historical data provided, subject to Township review.
10.
Trash and recycling requirements.
(a)
The trash and recyclable material collection and pickup locations shall be provided either within the building being served or in nearby locations outside the building.
(b)
If located outside the building, the trash and recyclable materials area shall be totally enclosed, finished with materials used to construct the building(s) being served, up to a maximum of eight feet in height, and located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence or wall. Landscaping, at least six feet in height, shall be provided around any outdoor trash and recycling area.
(c)
Any outdoor area provided for the collection and pickup of trash and recyclable materials shall be well-lit and shall be safely and easily accessible by trash and recycling personnel and vehicles.
(d)
Collection vehicles shall be able to access the trash and recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the trash and recycling area and the bins or containers placed therein against theft of trash and recyclable materials, bins or containers.
(e)
Any bins or containers which are used for the collection of trash and recyclable material, and which are located in an outdoor trash and recycling area, shall be equipped with a lid.
(f)
Individual bins or containers for the collection and pickup of recyclable materials shall be equipped with signs indicating the materials to be placed therein.
11.
Permitted signage.
(a)
Community sign. Up to two ground-mounted freestanding signs identifying the name of the development, no larger than 25 square feet, shall be permitted.
(1)
One sign shall be permitted at the entrance to the lot containing the affordable family apartment building, and one sign shall be permitted along the Van Horne Road frontage of the lot containing the market-rate townhouses.
(2)
The sign shall not exceed six feet in height and shall be set back at least 10 feet from all street lines and 50 feet from all other property lines.
(3)
Any sign illumination shall be external to the sign and shall be designed and oriented to prevent any sight of the lamp from any street or neighboring properties.
(b)
Residential building identification. Each residential building may have up to two attached identification signs. The maximum sign area of each shall not exceed six square feet. Such signs shall be appropriately integrated within the architecture of the buildings.
12.
Community design.
(a)
Land equal to a minimum of 40% of the SSIZ-3 property shall be specifically set aside for conservation or open space and shall be located on a separate new lot. The open space lot may be offered by deed to the Township or shall be deed-restricted as common open space to be owned and maintained by a homeowners' association or single owner of the entire development.
(b)
A minimum of 2,500 square feet of area shall be provided as community space as depicted on the concept site plan.
(c)
Plantings. All portions of a lot not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, children's play areas, dog walks, etc.) shall be suitably planted with grass, shrubs, and trees and shall be maintained in good condition. In any case, no less than 20% of the area of the lot shall be so planted, and the planted area may include approved detention and/or retention basins.
(d)
Other design features.
(1)
Wherever reasonably feasible, sustainable construction techniques shall be utilized to minimize the impact upon the environment, including energy-efficient building designs, recycled materials, water conservation devices, permeable pavement, native plantings, low chemical usage to maintain the landscaping, and similar measures which are sensitive to the environment.
(2)
The stormwater management plan shall include stormwater management facilities that are designed to enhance the aesthetic attributes of the proposed development.
13.
Affordable housing standards.
(a)
A developer's agreement is required to establish low/moderate apportionment, very-low-income requirement per N.J.S.A. 52:27D-329.1, bedroom distribution, unit size, etc.
(b)
At least 13% of the units shall be affordable to very-low-income households, 37% of the units shall be affordable to low-income households, and 50% shall be affordable to moderate-income households.
(c)
The affordable units shall be developed in accordance with COAH's regulations at N.J.A.C. 5:93[3] and the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq., which govern the administration and affordability controls of affordable units in New Jersey, with one exception. The exception is for 13% very-low-income housing at 30% of the regional median income instead of the UHAC requirement of 10% very-low-income housing at 35% of the regional median income.
[3]
Editor's Note: In accordance with N.J.S.A. 52:14B–5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on October 16, 2016.
(d)
Affordable housing standards. In addition to addressing the requirements of COAH and UHAC noted above, the affordable units shall be developed in accordance with the following:
(1)
The affordable units cannot be age-restricted units;
(2)
The bedroom distribution requirements pursuant to N.J.A.C. 5:93-7.3[4] and N.J.A.C. 5:80-26.3(b).
[4]
Editor's Note: In accordance with N.J.S.A. 52:14B–5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on October 16, 2016.
(3)
The unit distribution requirements pursuant to N.J.A.C. 5:80-26.3.
(4)
The length of controls requirement and deed restrictions pursuant to N.J.A.C. 5:80-26.11.
(5)
The accessibility and adaptability requirements pursuant to N.J.A.C. 5:97-3.14.
d.
Site Specific Inclusionary Zone 4 (SSIZ-4).
1.
Property description and purpose.
(a)
The SSIZ-4 includes approximately 3.4 acres of property situated on the north side of County Route 518 and is identified as "Block 25001, Lot 31," on the Township Tax Maps.
(b)
The SSIZ-4 District provides land use regulations for the redevelopment of the site where specific site elements are incorporated that limit the impact to the surrounding parcels through the requirement of adequate development setbacks and sufficient buffering. The SSIZ-4 District is intended to provide for the development of retail/office and multifamily housing with a portion of such housing restricted to occupancy by households of very low, low and moderate income. Affordable dwellings shall be integrated and indistinguishable from the market-rate units.
2.
Conceptual development plan for the subject property.
(a)
A conceptual plan has been prepared for the property.
(1)
The conceptual site plan was prepared by Van Cleef Engineering Associates, dated September 11, 2014, revised April 1, 2015. A true copy of same, available for inspection by the public, is on file in the offices of the Township Clerk and Planning Director.
(2)
The conceptual site plan includes a total of four mixed-use buildings including retail and/or office uses on the first floor and three apartments on the upper story of each building. There shall be a maximum of 15 residential units, of which four family apartment units shall be affordable to very-low-, low- or moderate-income households.
(3)
Three of the four affordable rental units shall be affordable to moderate-income households, and one of the units shall be affordable to a low-income household.
(b)
It is intended that the redevelopment of SSIZ-4 designated property be in accordance with the conceptual site plan referred to hereinabove.
3.
Principal permitted uses on the land and in buildings:
(a)
Retail sales of goods and services.
(b)
Offices and office buildings.
(c)
Medical offices.
(d)
Pharmacies.
(e)
Restaurants.
(f)
Child-care centers licensed by the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
(g)
Small animal hospitals within a neighborhood shopping village only, excluding outside facilities and kennels.
(h)
Neighborhood shopping villages comprised of some or all of the preceding uses, plus the required addition of residential flats which are to be located within the 1 1/2 stories above the permitted uses located on the first floor in accordance with the provisions specified in Subsection 16-4.5e.
(k)
Residential apartment for rent located above the permitted nonresidential uses. The maximum number of apartments shall be 12 units.
(l)
Conservation areas, recreation, open space, and public purpose uses.
4.
Accessory uses permitted:
(a)
Outdoor eating areas, for table service or self-service, associated with a permitted restaurant are permitted, as long as a pedestrian pathway having a minimum width of five feet is maintained within any walkway or sidewalk adjacent to the outdoor eating area.
(b)
Transit-related shelters.
(c)
Off-street parking (see Subsection 16-4.14d11 hereinbelow and Subsection 16-5.8 for the design requirements for off-street parking and driveways).
(d)
Off-street loading (see Subsection 16-4.14d12).
(e)
Fences and walls (see Subsection 16-5.3 for the design requirements for fences, walls, sight triangles and guiderails).
(f)
Signs (see Subsection 16-4.14d14 and Subsection 16-5.13 for design requirements for signs).
(g)
Garages and storage buildings.
(i)
Temporary construction trailers and one temporary sign not to exceed 32 square feet in area, either attached to the trailer or freestanding, which advertises the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and ending with the issuance of a certificate of occupancy or one year, whichever time period is less. The temporary construction trailer(s) and temporary sign shall be located on the site where the construction is taking place and shall be set back at least 30 feet from all lot lines and from the right-of-way lines of all existing and proposed streets. There shall be at least one operating telephone within the trailer.
6.
Maximum number of dwelling units and maximum intensity permitted. No more than 15,500 square feet of retail/office floor area and 12 residential units shall be permitted.
7.
Area and distance requirements.
(a)
Principal building minimum requirements.
(1)
Minimum lot frontage is 500 feet.
(2)
Minimum lot width is 500 feet.
(3)
Minimum lot depth is 200 feet.
(4)
Minimum front yard setback is 40 feet.
(5)
Minimum side yard setback is 40 feet for one side, 70 feet where abutting a residential zoning district.
(6)
Minimum rear yard setback is 40 feet.
(7)
Maximum floor area ratio is 0.18.
(8)
Maximum retail/office FAR is 0.12.
(9)
Maximum residential FAR is 0.08.
(10)
Maximum residential to retail/office FAR is 0.65.
(11)
Maximum building coverage shall not exceed 12%.
(12)
Maximum lot coverage shall not exceed 45%.
(13)
Notwithstanding the distances specified hereinabove, no building shall be located closer than 40 feet to the front property line, 40 feet to the side property lines, 70 feet to the side property where abutting a residential zoning district, and 40 feet to the rear property line.
(14)
No parking area, loading area, driveway or other structure (except for approved accessways, signs and fencing) shall be permitted within 50 feet of an existing right-of-way, 12 feet of any property line, and such areas shall be planted and maintained in lawn area or ground cover and shall be landscaped with trees and shrubbery as approved by the Board.
(b)
Accessory building minimum requirements.
8.
Requirements for residential flats.
9.
Requirements for all buildings.
(a)
All proposed buildings shall be reviewed by the Landmarks Preservation Commission pursuant to Subsection 16-13.13.
(b)
All buildings shall have a dual-pitched, single-ridge roof (such as gable, hip, gambrel or mansard roof) with a minimum pitch of one foot vertical to eight feet horizontal, and no flat roof shall be permitted; provided, however, that where roof-mounted equipment is necessary and/or preferable for operation of the building, a facade roof treatment exhibiting the appearance of such a dual-pitched, single-ridge roof may be permitted if specifically approved by the board of jurisdiction, as the case may be, as part of a submitted site plan application for development.
(c)
All portions of all buildings shall be compatibly designed with a common architectural motif, whether constructed at one time or in stages over a period of time. The architectural design and material surface and color of all building walls on all sides of the buildings shall be suitably finished for aesthetic purposes in a manner consistent with the surface materials existing within the neighborhood.
(d)
Any principal building may contain more than one principal use, provided that the total floor area ratio and lot coverage of the combined uses does not exceed the maximum requirements specified in Subsection 16-4.14d7 hereinabove and, furthermore, that each use occupies a minimum gross floor area of 750 square feet.
(e)
No building shall exceed 5,000 square feet of gross floor area, whether located as the only building on a lot or located with other buildings on a lot, except that the 5,000-square foot restriction shall not include the floor area devoted to residential flats in a building.
(f)
More than one principal building shall be permitted on a lot, provided that, to the extent practicable, the placement of the buildings shall be staggered, with varying building setbacks and with the orientation of the buildings situated at angles to one another and/or otherwise designed to promote a nonlinear appearance.
10.
General requirements for the SSIZ-4 District.
(a)
No merchandise, products, equipment or similar material and objects shall be displayed or stored outside.
(b)
Solid waste not stored within a building may be stored outside within an enclosed container as specifically approved by the board of jurisdiction, as the case may be, and in accordance with the recycling requirements of Somerset County.
(c)
All portions of a lot not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably landscaped with grass, shrubs, and trees and shall be maintained in good condition. In any case, no less than 50% of the lot shall be so landscaped, and the landscaped area may include approved detention and/or retention basins and approved septic fields.
(d)
Within the side and rear yard setback areas, a minimum buffer screening shall be required along any common property line with a residential zoning district in accordance with the following:
(1)
The buffer screening shall be at least 25 feet in width;
(2)
The buffer screening shall consist of densely planted evergreen trees at least six feet high at the time of planting and spaced no more than 10 feet apart on center; and
(3)
No parking area, loading area, driveway or structure, except for approved accessways and fencing integrated with the landscaping plan and as approved by the board of jurisdiction, shall be permitted within the required area for buffer screening.
11.
Off-street parking and driveways.
(a)
Retail sales and service uses, banks, offices and small animal hospitals shall provide parking at the ratio of one parking space per 200 square feet of gross floor area or part thereof.
(b)
Restaurants shall provide one parking space for every three seats, but in all cases a sufficient number of spaces to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.
(c)
Child-care centers shall provide parking at a ratio of one space per employee plus one additional parking space for every eight children. Adequate spaces shall be provided for the loading and unloading of children, which shall take place on-site and not in the public right-of-way.
(d)
Each dwelling unit shall be provided a minimum number of parking spaces according to the provisions of the Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21, or based upon historical data provided, subject to Township review.
(e)
Parking areas for individual uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) and exit(s), where feasible, to minimize access points to the street.
(f)
Shared parking between the residential flats and the permitted nonresidential uses is encouraged.
12.
Off-street loading.
(a)
Unless an alternate method of loading and unloading specifically is approved by the board of jurisdiction, the principal building shall be provided an off-street loading space at the side or rear of the building or within the building. In any case, loading and unloading must adhere to the Township's noise standards at Subsection 3-3.4.
13.
Trash and recycling requirements.
(a)
The trash and recyclable material collection and pickup locations shall be provided either within the building being served or in nearby locations outside the building.
(b)
If located outside the building, the trash and recyclable materials area shall be totally enclosed, finished with materials used to construct the building(s) being served, up to a maximum of eight feet in height, and located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence or wall. Landscaping, at least six feet in height, shall be provided around any outdoor trash and recycling area.
(c)
The area provided for the collection and pickup of trash and recyclable materials shall be well lit and shall be safely and easily accessible by trash and recycling personnel and vehicles. Collection vehicles shall be able to access the trash and recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the trash and recycling area and the bins or containers placed therein against theft of trash and recyclable materials, bins or containers.
(d)
The area provided for the collection and pickup of trash and recyclable materials, and the bins or containers placed therein, shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of trash and recyclable material, and which are located in an outdoor trash and recycling area, shall be equipped with a lid.
(e)
Individual bins or containers for the collection and pickup of recyclable materials shall be equipped with signs indicating the materials to be placed therein.
14.
Permitted signage.
(a)
One ground-mounted freestanding sign identifying the name of the development, no larger than 30 square feet, shall be permitted, provided the following:
(1)
The sign shall not exceed eight feet in height and shall be set back at least 10 feet from all street lines and 25 feet from all other property lines.
(2)
Any sign illumination shall be external to the sign and shall be designed and oriented to prevent any sight of the lamp from any street or neighboring properties.
(b)
Each individual use in a principal building occupying at least 750 square feet of segregated habitable floor area with direct access from the outside shall be permitted a sign identifying the name of the use attached flat against the building at or above the entrance to the individual use, the size of each such attached sign shall not exceed 1/2 square foot of sign area per one linear foot of building frontage occupied by the individual use, but in no case shall the size of the sign exceed 25 square feet in area.
(c)
All signs shall be wood painted, and all signs shall utilize black letters painted upon a white or cream-colored background unless otherwise specifically approved by the board of jurisdiction, as the case may be.
(d)
Any sign illumination shall be external to the sign and shall be designed, oriented and maintained to prevent any sight of the lamp from any street or neighboring properties.
(e)
All signs shall be reviewed by the Montgomery Township Landmarks Preservation Commission in accordance with Subsection 16-13.17a5 of this chapter, and the recommendations of the Landmarks Preservation Commission shall be forwarded to the board of jurisdiction, as the case may be.
(f)
All principal uses are permitted signs in accordance with Subsection 16-5.13 of this chapter; however, notwithstanding any provision of this chapter to the contrary, no signs shall be permitted in any windows except for a sign not exceeding one square foot in area indicating the hours of operation or the "open"/"closed" status.
15.
Affordable housing standards.
(a)
A developer's agreement is required to establish income distribution, bedroom distribution, unit size, etc.
(b)
The affordable units shall be developed in accordance with Chapter 15, Affordable Housing, of the Township's Code and the following:
(1)
The affordable units cannot be age-restricted units;
(2)
The length of controls requirement and deed restrictions pursuant to N.J.A.C. 5:80-26.11.
(3)
The Township shall be required to hire an experienced administrative affordable housing agent to administer the units in accordance with UHAC, including affirmative marketing and at least thirty-year controls on affordability.
(4)
The accessibility and adaptability requirements pursuant to N.J.A.C. 5:97-3.14.