Montvale City Zoning Code
ARTICLE V
Affordable Housing Districts and Regulations
§ 400-28 Affordable Housing Zones for first fair share cycle.
[Added 7-13-1993 by Ord. No. 93-951; amended 8-9-1994 by Ord. No. 94-974; 12-13-1994 by Ord. No. 94-988; 7-9-1996 by Ord. No. 96-1031; 1-25-2005 by Ord. No. 2005-1130]
In the AH Affordable Housing Zones AH-6, AH-7, AH-8 and AH-9, no building, structure, area or lot or land shall be used in whole or in part for any other than one or more of the uses specified below.
A.
Upon proper application and hearing as herein provided, planned residential developments shall be permitted uses, provided that the Planning Board finds and determines that all requirements pertaining to planned residential developments as set forth at length in § 400-40 have been met.
B.
All developments within the AH-6, AH-7, AH-8 and A-9 Districts shall adhere to the affordability controls in Chapter 130, Affordable Housing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Subject to approval by resolution of the governing body (which approval may be conditional) of an off-site affordable housing plan which provides for the maximum yield of affordable housing units which would otherwise be provided on site pursuant to the requirements set forth at length in § 400-40, single-family detached residential units shall be a permitted use in each of the following AH Zoning Districts, subject to the following minimum development limitations:[1]
AH-6 Zoning District | |
|---|---|
Item | Specifications |
Maximum building height (feet) | 28/2-story |
Minimum lot area (square feet) | 7,500 |
Minimum lot width (feet) | 75 |
Maximum building coverage | 25% |
Maximum lot coverage | 40% |
Front yard (feet) | 25 |
Rear yard (feet) | 25 |
Side yard (one/total) (feet) | 10/20 |
NOTE: Corner lots which are without frontage on any street which is external to the development shall be required to maintain only one front yard. |
AH-9 Zoning District | |
|---|---|
Item | Specifications |
Maximum building height (feet) | 28/2-story |
Minimum lot area (square feet) | 6,000 |
Minimum lot width (feet) | 60 |
Maximum building coverage | 25% |
Maximum lot coverage | 40% |
Front yard (feet) | 25 |
Rear yard (feet) | 25 |
Side yard (one/total) (feet) | 10/20 |
NOTE: Corner lots which are without frontage on any street which is external to the development shall be required to maintain only one front yard. |
D.
Churches, temples and other houses of worship (subject to the provisions of § 400-80).
[Added 6-14-2016 by Ord. No. 2016-1416]
E.
Public and private schools (subject to the provisions of § 400-79).
[Added 6-14-2016 by Ord. No. 2016-1416]
F.
In the AH-6 Zone only, the following public utility uses shall be permitted:
[Added 10-24-2023 by Ord. No. 2023-1544]
(1)
Principal uses: Public utility water towers, buildings and other structures. For purposes of this section only, multiple towers, buildings and other structures owned and/or operated by a single utility company shall be considered to be one principal use, notwithstanding the fact that two or more structures may be constructed.
(3)
Limiting Schedule:
Item | Specifications[2] |
|---|---|
Maximum building or structure height (feet) | 28/2-story (building or structure) |
Maximum tower height (feet) | 150/100 (primary/secondary towers) |
Minimum lot area | 10 acres |
Minimum lot width (feet) | 200 |
Maximum building coverage | 25% |
Maximum lot coverage | 40% |
Front yard setback, minimum (feet) | 150 |
Rear yard setback, minimum (feet) | 150 |
Side yard setback, minimum (one/total) (feet) | 150/300 |
Setback from developed residential lot, minimum (feet) | 150 |
[2]
Fences and retaining walls up to six feet in height, landscaping and berms are exempt from these setback requirements.
§ 400-29 Affordable housing districts for second fair share cycle.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 2-24-2004 by Ord. No. 2004-1216; 10-26-2004 by Ord. No. 2004-1225]
A.
Affordable housing districts for second fair share cycle established. The following districts in the Borough of Montvale are adopted for the purposes of meeting the Borough's obligation to meet its fair share of affordable housing for the second fair share cycle (1993-1999):
[Amended 1-25-2005 by Ord. No. 2005-1130; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
RI-10A | Residential Inclusionary District |
AH-9A | Affordable Housing District |
AH-10A | Affordable Housing District |
RCO | Retirement Community Overlay District |
AHO-16 | Affordable Housing Overlay District |
B.
RI-10A Residential Inclusionary District. In the RI-10A Residential Inclusionary District, no building or land shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than as provided herein.
(1)
Single-family detached residence with a maximum of four such residences within the zone shall be permitted for the property identified as "Block 1405, Lot 1102," on the official Tax Maps of the Borough of Montvale. Also permitted shall be churches, temples and houses of worship (subject to the provisions of § 400-80) and public and private schools (subject to the provisions of § 400-79).
[Amended 6-14-2016 by Ord. No. 2016-1416]
(2)
Such accessory uses as are customarily incidental to the foregoing uses and are not injurious to a residential district.
C.
(Reserved)
D.
Affordable housing districts for the second fair share cycle, AH-9A, AH-10A, and AHO-16.
[Amended 1-25-2005 by Ord. No. 2005-1130; 6-14-2016 by Ord. No. 2016-1416; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
Permitted principal uses.
(2)
Permitted accessory uses.
(a)
Outdoor swimming pools and tennis courts, indoor clubhouses, exercise facilities and meeting rooms and other active and passive open space or recreation for the use of residents or their guests.
(b)
Parks and other open space areas.
(d)
Off-street parking.
(f)
Temporary sales and/or construction trailers, provided that same shall be removed no later than 60 days after completion of construction.
E.
Affordable housing overlay districts, RCO District.
(1)
Applicability. Upon application, developments, including low- or moderate-income housing units or making payments in lieu of providing low- and moderate-income housing units as set forth herein, shall be permitted and the standards of the overlay zone as specified herein shall take precedence over those of the underlying district.
(2)
Residency restrictions. Residency in the RCO-Retirement Community Overlay District shall be restricted by bylaws, rules, regulations and restrictions of record to use by permanent residents 55 years of age or older with the following exceptions:
(a)
A husband or wife under the age of 55 years who is residing with his/her spouse who is 55 years of age or over.
(b)
Unemancipated children 18 years old or over residing with their parents or parent where one of the parents with whom the child or children are residing is 55 years of age or over.
(c)
One adult under 55 years of age will be admitted as a permanent resident if it is established that the presence of such person is essential to the physical care of one of the adult occupants who shall be 55 years of age or over.
(4)
Permitted accessory uses.
(a)
Outdoor swimming pools and tennis courts, indoor clubhouses, exercise facilities and meeting rooms and other active and passive open space or recreation for the use of residents and their guests.
(b)
Parks and other open space areas.
(d)
Off-street parking.
(f)
Temporary sales and/or construction trailers, provided that same shall be removed no later than 60 days after completion of construction.
F.
Regional contribution agreement requirements.
(1)
Subdivision or any development on Lot 11.02 of Block 1405 in the RI-10A District of the Borough of Montvale shall only be approved subject to a payment in lieu of providing low- and moderate-income housing units on site to the Borough of Montvale's Affordable Housing Trust Fund for the purposes of funding a regional contribution agreement between the Borough of Montvale and an eligible receiving municipality in the housing region in the amount of $50,000. Such amount shall be paid in accordance with the following schedule:
(2)
Development on Lots 3 and 4 of Block 3301 in the RCO-Retirement Community Overlay District shall make a payment of $800,000 to the Borough's Affordable Housing Trust Fund in lieu of providing low- and moderate-income housing units on site to fund a regional contribution agreement between the Borough of Montvale and an eligible receiving municipality in the housing region. Such amount shall be paid on a pro rata basis according to the number of buildings constructed on the portion of the lot located within the Borough of Montvale (1/2 upon issuance of building permit and 1/2 upon issuance of a certificate of occupancy). So, if six buildings, each comprising no more than 12 units, are constructed, then $66,700 shall be paid upon the issuance of a building permit for each building (or first unit in a building), and $66,700 shall be paid upon the issuance of the certificate of occupancy for each building (or first unit in a building).
(3)
Development on Lot 2 of Block 1601 in the AHO-16 Affordable Housing Overlay District shall make a payment of $25,000 to the Borough's Affordable Housing Trust Fund to fund a regional contribution agreement between the Borough of Montvale and an eligible receiving municipality in the housing region. Such amount shall be paid upon issuance of a certificate of occupancy.
[Added 2-24-2004 by Ord. No. 2004-1216]
G.
Development fee ordinance. A development fee ordinance was adopted by Montvale on August 9, 1994, pursuant to a court-approved settlement, by Ordinance No. 94-973 and can be found in § 65-35 through § 65-44 (Article V of Chapter 65, Land Use Procedures, of the Montvale Code).
[Amended 1-25-2005 by Ord. No. 2005-1130]
H.
Cost-generating features. Section 14(b) of the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) incorporates the need to eliminate unnecessary cost-generating features from Montvale's land use ordinances. Accordingly, Montvale shall eliminate development standards that are not essential to protect the public welfare and to expedite or fast-track municipal approvals/denials on affordable housing developments. Montvale shall adhere to the components of N.J.A.C. 5:93-10.1 to 5:93-10.3.[1]
[Amended 1-25-2005 by Ord. No. 2005-1130]
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 expired on 10-16-2016.
§ 400-30 Affordable housing districts for third fair share cycle.
[Added 12-14-2004 by Ord. No. 2004-1228; amended 9-13-2005 by Ord. No. 2005-1243]
A.
Affordable housing districts for the third fair share cycle established. The following districts in the Borough of Montvale are adopted for the purpose of meeting the Borough's obligation to meet its fair share of affordable housing for the third fair share cycle (2004-2014):
B.
RI-40B Residential Inclusionary District. In the RI-40B Residential Inclusionary District, no building or land shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than as provided herein.
(1)
Single-family detached residence with a maximum of eight such residences within the zone shall be permitted. Also permitted shall be churches, temples and houses of worship (subject to the provisions of § 400-80) and public and private schools (subject to the provisions of § 400-79).
[Amended 6-14-2016 by Ord. No. 2016-1416]
(2)
Such accessory uses as are customarily incidental to the foregoing uses and are not injurious to a residential district.
(3)
The area, yard and bulk standards for this zone shall be in conformance with the R1-40B Zone standards as provided for in Schedule § 400-44 of this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
RI-25B Residential Inclusionary District. In the RI-25B Residential Inclusionary District, no building or land shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than as provided herein.
(1)
Single-family detached residence with a maximum of six such residences in the zone shall be permitted for the property identified as "Block 1103, Lot 5," on the Official Tax Maps of the Borough of Montvale. Also permitted shall be churches, temples and houses of worship (subject to the provisions of § 400-80) and public and private schools (subject to the provisions of § 400-79).
[Amended 6-14-2016 by Ord. No. 2016-1416]
(2)
Such accessory uses as are customarily incidental to the foregoing uses and are not injurious to a residential district.
D.
AH-1B Affordable Housing District.
(1)
E.
AH-3B Affordable Housing District.
(2)
Permitted accessory uses.
(3)
Area, yard and bulk requirements. The area, yard and bulk requirements for the AH-3B district are set forth in the Borough of Montvale Zoning Limiting Schedule for Affordable Housing Districts for the Third Fair Share Cycle per § 400-44.[2]
[2]
Editor's Note: The Limiting Schedule is included as an attachment to this chapter.
F.
Payments in lieu of affordable housing.
(1)
Subdivision of any development in the RI-40B District in the Borough of Montvale shall only be approved subject to the payment in lieu of providing low- and moderate-income housing units on site to the Borough of Montvale's Affordable Housing Trust Fund for the purposes of funding a regional contribution agreement between the Borough of Montvale and an eligible receiving municipality in the housing region or to assist the Borough in subsidizing the building of new affordable housing units in the Borough in the amount of $100,000. Such amount shall be paid on a pro rata basis, in which the total payment shall be divided by the number of units approved by subdivision in the district. Payments shall be made on a per unit basis in accordance with the following schedule:
(2)
Subdivision of any development on Block 1103, Lot 5, in the RI-25B District in the Borough of Montvale shall only be approved subject to the payment in lieu of providing low- and moderate-income units on the site to the Borough of Montvale's Affordable Housing Trust Fund for the purpose of funding a regional contribution agreement between the Borough of Montvale and an eligible receiving municipality in the housing region or to assist the Borough in providing affordable housing units in the Borough in the amount of $70,000. Payment of said amount shall be made in accordance with COAH regulations based on a prorated amount, such that $5,834 shall be paid upon issuance of each building permit and $5,833 shall be paid upon issuance of each certificate of occupancy, for each single-family detached residence in the subdivision.
(3)
Development on Block 1301, Lots 24, 26, 27 and 33 and Block 2204, Lots 39 and 40 in the AH-1B Affordable Housing District shall make a payment of $140,000 to the Borough of Montvale's Affordable Housing Trust Fund either for the purposes of funding a regional contribution agreement between the Borough of Montvale and an eligible receiving municipality in the housing region or to assist the Borough in the provision of affordable housing units in the Borough. An amount of $3,500 shall be payable upon issuance of each building permit, and an amount of $3,500 shall be payable upon issuance of each certificate of occupancy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
Development in the AH-3B Affordable Housing District shall make a total payment of $210,000 to the Borough's Affordable Housing Trust Fund in lieu of providing low- and moderate-income housing units on site to fund a regional contribution agreement between the Borough of Montvale and an eligible receiving municipality in the housing region, or to assist the Borough in providing affordable housing units within the Borough. Such an amount shall be paid on a pro rata basis, in accordance with COAH regulations, in which the total payment shall be divided by the number of units approved by site plan approval in the district. Payments shall be made in accordance with the following schedule: one half of the per-unit payment shall be paid upon the issuance of a building permit for each townhouse unit; and one half of the per-unit payment shall be paid upon issuance of a certificate of occupancy for each townhouse unit.
G.
AHS Affordable Housing Senior District.
[Added 9-30-2014 by Ord. No. 2014-1393]
(3)
Area, yard and bulk requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Item | Required | |
|---|---|---|
Minimum lot area | 20,000 square feet | |
Minimum lot width | 200 feet | |
Minimum lot frontage | 200 feet | |
Minimum lot depth | 150 feet | |
Minimum building setbacks: | ||
Front yard | 35 feet | |
Side yard | 10 feet | |
Rear yard | 35 feet | |
Minimum parking and driveway setback: | ||
Front property line | 35 feet | |
Side property line | 10 feet | |
Rear property line | 5 feet | |
Maximum building height | 3 stories/35 feet | |
Maximum building coverage | 25% | |
Maximum lot coverage | 65% | |
Maximum permitted density | 16 units/acre | |
(4)
Supplementary requirements.
(a)
The minimum parking and driveway setback standard in § 400-30G(3) above shall take precedence over those in § 400-54E.
§ 400-31 AH-6A Affordable Housing District.
[Added 12-11-2017 by Ord. No. 2017-1437]
The following standards shall apply to development within the AH-6A Affordable Housing District. All other provisions of Chapter 400, Zoning, of the Montvale Code shall apply to development in the AH-6A District only where specifically indicated as applicable in this § 400-31 of the Montvale Code. When the standards herein conflict with other provisions of Chapter 400, the standards herein shall apply.
A.
Purpose. The purpose of this chapter is to fulfill a settlement agreement by and between the Borough of Montvale and Two Paragon Drive, LLC. The AH-6A Affordable Housing District is intended to repurpose the former A&P headquarters by constructing an inclusionary housing development that provides credits towards the Borough's affordable housing obligation. The AH-6A regulations are implemented in recognition of the Paragon Property's unique topographic features and other regulatory constraints.
B.
Application requirements. Any application for development for any portion or the entirety of the AH-6A District shall be submitted in the nature of a preliminary site plan application. Such application shall describe any phasing of the proposed project, together with all on-site and off-site improvements needed to support such phases. The application for preliminary site plan approval may also include a request for final approvals with respect to such phase or phases.
D.
Permitted accessory uses.
(1)
Any use which is ordinarily subordinate and customarily incidental to the principal permitted uses allowed in the AH-6A Zone, including but not limited to patios, decks, swimming pools and tennis courts.
(2)
Signs, as otherwise regulated in the Borough ordinances.
(3)
In conjunction with residential development, noncommercial swimming pools, tennis courts and other outdoor recreation facilities, off-street parking for private vehicles (excluding recreational vehicles, trailers and boats) and outdoor recreational facilities.
(4)
Street furniture, planters, approved public art elements, gazebos, water features, waste/recycle receptacles, vehicle charging stations, cluster mailbox with or without roof structure and bicycle racks.
(5)
Parks and open space facilities, including, but not limited to, walkways, bikeways, courtyards, plazas and gardens.
(6)
Fences and walls, including retaining walls.
(7)
Landscaping and buffering.
(8)
Stormwater detention facilities, along with any other infrastructure improvement required for the project, i.e., pump station, etc.
(9)
Temporary construction trailer, temporary sales trailer and temporary sales office in model home through final project CO.
F.
Bulk, area and other dimensional standards.
(1)
General standards for principal and accessory uses in the AH-6A District.
(a)
[3]
[4]
Maximum building lot coverage: 25%.
[5]
Maximum impervious lot coverage: 60%.
[1]
For purposes of this section, calculation of setbacks shall not include decks and patios, which may project a maximum of 10 feet from a building, and porches, eaves, stairs and chimneys, which may project up to five feet from a building.
[2]
Fences and retaining walls up to six feet in height are exempt from these setback requirements.
(b)
Townhouse internal setback and building unit requirements.[5]
[2]
Maximum townhouse building length: 150 feet.
[3]
Maximum number of market-rate units in single structure: six units, provided that eight total units may be provided where there are stacked affordable units in the structure.
[4]
Maximum building height: 45 feet with allowances for stepped foundations along building length; said measurement shall then apply to each stepped section.
[5]
Maximum number of stories: three stories.
[6]
Maximum number of units before horizontal break: two units.
[7]
Minimum front of building to cartway: 18 feet.
[8]
Minimum side and rear of building to cartway: 12 feet.
[9]
Minimum building to parking: 10 feet.
[5]
For purposes of this section, calculation of minimum distance shall not include decks and patios, which may project a maximum of 10 feet from a building, and porches, eaves, stairs and chimneys, which may project up to five feet from a building.
(c)
Residential parking requirements.
[1]
Townhouse dwelling units and low- and moderate-income dwelling units. Residential site improvement standards (RSIS) apply.
[2]
Required off-street parking for townhouse units. At least one of the two stacked affordable units within a townhouse building shall have a minimum of one garage space. One additional parking space for this affordable unit shall be provided in its associated driveway in front of the garage. The second affordable unit, lacking a garage space, shall have one driveway space, with the additional required parking for both affordable units provided per RSIS standards within 150 feet of said units. Required off-street visitor parking for low- and moderate-income units, as required by RSIS, shall be located within 200 feet of the units serviced.
[3]
Each garage space shall be counted as 1.0 parking space. A one-car garage and driveway combination shall be counted as 2.0 parking spaces, provided the driveway measures a minimum of 18 feet between the face of the garage door and the internal roadway line [RSIS § 5.21-4.14(d)]. Required visitor parking spaces for market-rate units shall be provided within 200 feet of the units serviced.
(d) BUILDING HEIGHT GROSS DEVELOPMENT SITE AREA MEAN ROOF RIDGE ELEVATION
Definitions. The following definitions shall apply to the AH-6A Zone:
Irrespective of any other definition in Chapter 400, "building height" shall be defined as the vertical distance between the lowest proposed grade adjacent to the individual unit to the mean roof ridge elevation of said unit.
The total gross acreage of a development within existing streets and/or property lines prior to development or subdivision, including streets, easements and common open space portions of the development.
Irrespective of any other definition in Chapter 400, "mean roof ridge elevation" shall be defined as the average grade between the eaves above the highest living floor and the highest roof ridge elevation.
(e)
Density standards. A maximum of 80 multifamily residential units are permitted on Block 1903, Lot 7.
G.
Affordable housing unit requirements.
(1)
Twenty percent of the total residential units shall be reserved for, and affordable to, low- and moderate-income households. For example, if 80 total units are constructed, 16 of those units shall be for low- and moderate-income housing units (eight affordable to low-income households and eight affordable to moderate-income households). The units shall meet the low-/moderate-income split required by the Uniform Housing Affordability Controls.
(2)
Low- and moderate-income (Mount Laurel) housing requirements.
(a)
Minimum low- and moderate-income housing units located on site.
[1]
The low- and moderate-income units required to be provided by the developer, as noted herein, shall be distributed among the townhouse buildings proposed. No townhouse building shall have more than four low- and moderate-income units within its structure; such affordable units may be designed as one-over-one apartment flats within a townhouse configuration.
[2]
All low- and moderate-income housing units shall be in conformance with the latest applicable rules for affordable housing as determined by the Council on Affordable Housing, the courts or other applicable authority, as determined appropriate, including such issues as phasing of building low- and moderate-income units in concert with market-rate units.
(b)
Bedroom distribution of low- and moderate-income housing units. Subject to the most current applicable COAH or other rules, the bedroom distribution of low- and moderate-income units for affordable units constructed in the AH-6A Zone shall be as follows:
(c)
Low- and moderate- income unit split. The distribution of inclusionary affordable units to be provided as part of this development shall be in accordance with those requirements as set forth by COAH or otherwise deemed appropriate by the court.
(d)
Procedures regarding affirmative marketing of low- and moderate-income units and other requirements of inclusionary development units are subject to and determined by COAH rules or other rules determined appropriate by the court.
(e)
The affordable units shall be family affordable units.
(f)
All necessary steps shall be taken to make the affordable units provided creditworthy pursuant to applicable law.
H.
Site standards.
(1)
Site standards for Block 1903, Lot 7.
(a)
Landscaping.
[1]
Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking areas, mitigate adverse visual impacts and provide windbreaks for winter winds and summer cooling for buildings, and enhance buffer areas. The impact of any proposed landscaping plan at various time intervals shall be considered. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity; root pattern, maintenance requirements, etc., shall be considered. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flower bed displays are encouraged. Shade trees shall be provided a minimum of 50 feet on average along the public right-of-way. Any visitor parking areas visible from the public right-of-way shall be screened to a height of six feet.
[2]
Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.
[3]
Parking rows longer than 20 parking spaces shall have a six-foot-wide landscaped island to break the pavement.
[4]
Shade trees shall be a minimum two-and-five-tenths-inch caliper with a canopy height of at least the minimum American Nursery and Landscape Association standards for this caliper.
[5]
All plant material shall meet the minimum latest American Nursery and Landscape Association standards.
[6]
Landscape plantings. A minimum of 30% of the plantings proposed shall be indigenous to the region.
[7]
Foundation plantings. The landscape plan shall include foundation plantings that provide an attractive visual setting for the development. These plantings shall include species that provide seasonal interest at varying heights to complement and provide pedestrian scale to the proposed architectural design of the buildings. The foundation planting shall incorporate evergreen shrubs and groupings of small trees in order to provide human scale to building facades and winter interest.
[8]
Landscaping of any new stormwater management facilities shall be as required by the development in accordance with NJDEP best management plan requirements. Nonstructural facilities shall be considered in the design of the proposed stormwater system to the extent practical.
[9]
Landscape plan content. A landscape plan prepared by a certified landscape architect certified by the New Jersey State Board of Landscape Architects, or other qualified individual, shall be submitted with each major site plan or major subdivision application. In addition to the major site plan or subdivision submission requirements, the landscape plan shall include and identify the following information:
[a]
Existing and proposed underground and aboveground utilities such as site lighting, transformers, hydrants, manholes, valve boxes, etc., existing wooded areas, rock outcroppings and existing and proposed water bodies.
[b]
Location of individual existing trees noted for preservation within the area of development and 30 feet beyond the limit of the disturbance. Trees four inches in diameter (measured 4 1/2 feet above the existing ground level) shall be located and identified by name and diameter unless the wooded area is shown with a specific limit line. In this case, specimen trees shall be located within 30 feet of the line. Indicate all existing vegetation to be saved or removed.
[c]
Existing and proposed topography and location of all landscaped berms.
[d]
Location, species and sizes of all proposed shade trees, ornamental trees, evergreen trees and shrubs and areas for lawns or any other ground cover. Different graphic symbols shall be used to show the location and spacing of shade trees, ornamental trees, evergreen trees, shrubs and ground cover. The size of the symbol must be representative of the size of the plant shown to scale.
[e]
A plant schedule indicating botanical name, common name, size at time of planting (caliper, height and spread), quantity, root condition and any special remarks (spacing, substitutions, etc.) for all plant material proposed. Plants within the plant schedule shall be keyed to the landscape plan utilizing the first letter of the botanical plant name.
[f]
Planting and construction details and specifications.
(b)
Lighting.
[1]
All lighting fixtures and footcandle standards for parking areas and recreation facilities should be consistent with the regulations of the Borough of Montvale.
[2]
A lighting plan prepared by a qualified individual shall be provided with site plan applications.
[3]
The intensity, shielding, direction and reflecting of lighting shall be subject to site plan approval by the approving authority.
(d)
Fences and walls.
[1]
To the extent possible, the use of retaining walls should be used in the form of terraces to accommodate severe grade changes, rather than single tall retaining walls. However, no retaining walls shall exceed a height of six feet. Where provided, retaining walls shall be screened with a variety of landscaping materials, in groupings, rather than utilizing hedges or uniform plant species and spacing.
[2]
Ornamental walls utilizing loose laid stone may be provided throughout the site, as appropriate, up to a height of four feet.
[3]
Fences shall be installed along the tops of all retaining walls that exceed a height of three feet. Chain-link fencing, including vinyl-coated chain-link fencing, is prohibited.
[4]
No fence on the site may exceed a height of six feet.
(e)
Signage.
[2]
Signs permitted within the AH-6A Zone shall be only those specified in the table below.
Type | Location | Maximum Number | Maximum Area of any 1 Sign (square feet) | Maximum Height (feet) | Required Setback From Property Line (feet) | Maximum Letter Height (feet) |
|---|---|---|---|---|---|---|
Entrance monument | Driveway entrance | 1 at each location | 36 | 6 | 5 | — |
[3]
Only external illumination shall be permitted for all non-wall-mounted signage. Uplighting or other forms of external illumination shall be permitted on proposed entrance sign.
[4]
The entrance monument sign shall be limited to the name of the development and developer name.
[5]
No individual sign may exceed three colors. If white or black is used in the sign it shall be counted as a color.
[6]
Monument signs shall utilize a solid base surrounded by appropriate ornamental plantings. No monument sign shall be located in a sight triangle.
§ 400-32 AH-8A Affordable Housing District.
[Added 9-12-2006 by Ord. No. 2006-1255[1]]
B.
Permitted accessory uses.
(1)
Active or passive open space or recreation for the use of residents and their guests.
C.
Area, yard and bulk requirements.
Requirement | Standard | |
|---|---|---|
Minimum tract size | 8 acres | |
Minimum tract width | 75 feet | |
Maximum density | 8.1 units per acre, calculated based on the lot area and units located within the Borough of Montvale | |
Maximum number of units on tract | 70 units, calculated based on the lot area and units located within the Borough of Montvale | |
Minimum building setbacks for principal building: | ||
From perimeter property lines | No less than 20 feet adjacent to single-family homes in Montvale, 25 feet adjacent to the Garden State Parkway and 40 feet for all others | |
From cartway of internal roadways | 12 feet | |
From outdoor parking spaces | 15 feet | |
From face of garage to roadway | 20 feet | |
From public right-of-way | n/a | |
Minimum internal roadway setbacks from perimeter property lines | 10 feet to edge of pavement | |
Minimum retaining wall setbacks: | ||
From cartway of internal roadways | 5 feet | |
From outdoor parking spaces | n/a | |
Minimum distance between buildings on the tract:[2] | ||
Front to front | 50 feet | |
Front to side | 30 feet | |
Front to rear | 75 feet | |
Side to rear | 30 feet | |
Side to side | 30 feet | |
Rear to rear | 40 feet | |
Maximum building coverage | 35% | |
Maximum impervious coverage | 60%[3] | |
Minimum open space | 40% | |
Maximum building height: | ||
Stories | 2 1/2 stories | |
Feet | 35 feet | |
Occupancy of the area within the roof line of the units as a half story, to be constructed as a dormer, shall permit a bedroom, bathroom and other incidental living space within the roof line of the unit, in addition to use and occupancy of any basement, first floor and second floor in the units. | ||
Minimum perimeter buffer width | 10 feet minimum adjacent to single-family homes in Montvale, with the average width of such buffer of 15 feet | |
Maximum number of dwelling units per building | 8 for townhouses, 10 for apartments or a combination of townhouses and apartments | |
Maximum length of building | 195 feet | |
Minimum number of low- and moderate-income units | 14 | |
Mix of housing units | A minimum of 80% of the units shall be townhouses | |
Maximum area of total site of steep slope encroachment: | ||
Slopes of 15% to 25% | 6% (of lot area located within the Borough of Montvale) | |
Slopes of 25% or greater | 5% (of lot area located within the Borough of Montvale) | |
Maximum height of retaining walls | 6 feet | |
Minimum building setbacks for accessory structures: | ||
From internal roads | 0 feet | |
From outdoor parking areas | 10 feet | |
Minimum distances between accessory buildings on the tract | 20 feet | |
Maximum accessory building height: | ||
Stories | 1 story | |
Feet | 15 feet | |
Signage: | ||
Maximum number and type | 1 freestanding monument sign | |
Maximum height | 7 feet | |
Maximum area | 30 square feet | |
Minimum setback from property line | 5 feet | |
Illumination | External only | |
Off-street parking | Per RSIS standards | |
[1]
Editor's Note: This ordinance also provided that these changes "shall supersede the current zoning regulations in place for AH-8A Zone."
§ 400-33 AH-26 Affordable Housing District.
[Added 12-26-2017 by Ord. No. 2017-1438]
The following standards shall apply to development within the AH-26 District. All other provisions of Chapter 400, Zoning, of the Montvale Borough Code shall apply to development in the AH-26 District only where specifically indicated as applicable in this § 400-33 of the Montvale Code. When the standards herein conflict with other provisions of Chapter 400, the standards herein shall apply.
A.
Purpose and planning rationale. The purpose of the AH-26 District is to provide a realistic opportunity for the construction of affordable housing as part of a comprehensively planned inclusionary development, in conformance with the regulations of this chapter governing affordable housing. In addition, the Borough has determined that this site is specially and particularly appropriate for a higher residential density than is characteristic in the Borough substantially for the following reasons:
(1)
Sound planning supports a holistic approach to planning for affordable housing where inclusionary neighborhoods are located near services. Sound planning also involves the conservation of neighborhood character, an objective achieved in part by maintaining the existing scale, density and character of the Borough's core single-family neighborhoods. This can be achieved in part through a gradation of density across the Borough, maintaining higher densities and greater building heights further away from the core single-family residential zones within the Borough, and requiring lower densities and lower permitted building heights as the properties approach core single-family districts within the Borough.
B. BUILDING HEIGHT GROUND ELEVATION STORY TRACT WALL SIGN
Definitions. The following definitions shall apply only within the AH-26 District, shall supplement any nonconflicting definitions within Chapter 400 of the Borough Code, and shall supersede any conflicting definitions in the Borough Code:
The vertical distance in feet between the average ground elevation around the foundation of the building and the elevation of the roof deck if the building is flat or, in the case of sloping roofs, to a point half the distance between the rafter plate and the uppermost point of the roof. Exclusions from the definition of building height shall include the following: any parapet, structure, apparatus, amenities and/or equipment located on the roof.
The elevation of the property in its final/finished grade at building wall.
That portion of a building included between the surface of any floor and the surface of the floor above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. Any structures, apparatus, utilities, amenities, and equipment on the roof shall not constitute a story. Any level of parking, structures, apparatus, utilities, amenities, and equipment that is below or partially below finished grade and underneath a residential story within the AH-26 District shall be explicitly excluded from being characterized as a story, basement, or cellar, and shall not count towards the building height.
Contiguous parcels of land under common ownership, at least one of which is located within the AH-26 District. The parcels making up a tract may be located within or without the Borough of Montvale.
All flat signs of duramesh, or windscreen which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure so that the display surface is parallel with the plane of the wall.
C.
Application requirements.
(2)
Contribution of the pro rata share of off-site improvements shall be governed by § 400-116. Notwithstanding the foregoing, consistent with N.J.A.C. 5:93-10.1(b),[1] no unnecessary cost generative provisions of the Montvale Borough Code shall apply to any proposed inclusionary development within the AH-26 District.
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 were repealed on 10-16-2016.
D.
Permitted uses. In the AH-26 District, the following uses shall be permitted:
(1)
Permitted principal uses. Inclusionary multifamily residential development in accordance with the provisions below and the development standards enumerated in Subsection E:
(a)
All units within the inclusionary development shall be apartment-style units.
(b)
Twenty percent of all units shall be set aside for low- (including very-low-) and moderate-income households ("affordable units").
(c)
Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter 130, Affordable Housing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(d)
The development, unit distribution and marketing of all affordable units shall be undertaken consistent with Chapter 130, Affordable Housing, of this Code and all other applicable laws, rules and regulations, including applicable COAH regulations, the Fair Housing Act[2] and its requirement that at least 10% of all affordable units associated with this project be made affordable to very-low-income households.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[2]
Editor's Note: See N.J.S.A. 40:55D-8.1 et seq.
(e)
The developer shall be responsible for all costs associated with the initial rental of the affordable units, and for the continuing administration of the affordable units and the preservation of the creditworthiness of the units.
(f)
All uses not expressly permitted are deemed prohibited.
(2)
Permitted accessory uses. In connection with a permitted principal use, the following may be permitted as an accessory use:
(a)
Recreational facilities, lobbies, fitness facilities, outdoor barbecues, firepits, gazebos, leasing and management offices, club rooms, lounges, libraries, business centers, game rooms, poolrooms, community gardens, rec rooms, children's playrooms, private theater rooms, community kitchens for tenant use, bathhouses, locker rooms, mail rooms, package storage areas, valet spaces, or related mechanical equipment, and similar interior tenant amenities.
(b)
Sports facilities, including but not limited to fields, courts, putting greens and swimming pools.
(c)
Playground facilities.
(d)
Dog park or dog run.
(e)
Dog spa or grooming facility, not including boarding or veterinarian services, only for the residents of the inclusionary multifamily residential development.
(f)
Storage spaces unattached to the units, but used by occupants of units, which are incorporated into the multifamily residential building.
(g)
Waste and recycling receptacles.
(h)
Parking structures incorporated into the multifamily residential building for storage of vehicles, and loading area spaces.
(i)
Any use customary and incidental to a permitted principal use.
(j)
Signs.
(k)
Fences.
(l)
Landscaping and buffering.
E.
Development standards.
(1)
Area, yard and bulk standards.
Requirement | AH-26 District Regulation | |
|---|---|---|
Minimum lot size | 7 acres | |
Minimum setbacks | ||
Intermunicipal boundary within a tract | 0 feet | |
Garden State Parkway/front yard[3] | 40 feet | |
Rear yard[4] | 30 feet | |
Side yard[5] | 30 feet | |
From internal access road | 0 feet | |
Maximum building height: flat roof (feet) | 59 | |
Accessory building height (feet) | 14 | |
Maximum building height (stories) | 4 | |
Maximum number of units per acre | 26.5 | |
Maximum building coverage (%) | 45% | |
Maximum lot coverage (%) | 60% (up to 70% with pervious materials) | |
[3]
The portion of the property fronting on the Garden State Parkway shall be considered the front yard of the property located in the AH-26 Zone. Notwithstanding the foregoing, the property is only accessible via adjacent properties located in a neighboring municipality.
[4]
In the event that any rear yard fronts upon an intermunicipal boundary, the intermunicipal boundary minimum setback shall supersede the rear yard minimum setback and control.
[5]
In the event that any side yard fronts upon an intermunicipal boundary, the intermunicipal boundary minimum setback shall supersede the side yard minimum setback and control.
(2)
All setbacks shall be measured from the property lines of the entire tract and not from zoning or lot lines that are established by municipal boundaries. No internal setbacks shall apply to any structure, parking, public or private street, driveway, or municipal boundary line internal to the tract as a whole, except as required by New Jersey Building and/or Fire Codes. Retaining walls, sidewalks, walkways, fences, freestanding signs, above- and below-ground stormwater detention basins, and aboveground and underground utilities shall be permitted within the setbacks.
(3)
Signage. Within the AH-26 District, the following shall apply:
(b)
Sections 400-69 through 400-76, except that §§ 400-70A(1), 400-70A(3), 400-70A(6), 400-70C, 400-70G, 400-70N and 400-70Q shall not apply.
(c)
Notwithstanding § 400-64, the area of a sign face shall be computed by drawing a square or rectangle that encompasses the extreme limits of the verbiage, logo or emblem.
(d)
Two freestanding signs per parcel shall be permitted in accordance with the following:
[1]
One freestanding sign fronting along the Garden State Parkway shall be permitted which may be a maximum of four feet high. In addition, the sign may be placed atop a base that is a maximum of two feet in height, or a maximum of three feet in height in the event that landscaping is to be installed at the base. The maximum area of a sign fronting along the Garden State Parkway shall be 60 square feet.
[2]
One freestanding sign that does not front along the Garden State Parkway shall be permitted which may have a maximum area of 36 square feet and a maximum height of six feet.
[3]
Notwithstanding § 400-70J of the Borough Code, freestanding signs may include three colors, assuming one of the colors is white or black.
[4]
No freestanding sign shall be located in a sight triangle.
[5]
External illumination shall be permitted for freestanding signs.
(e)
Wall signs.
[1]
One temporary wall sign is also permitted on one facade of the building, which wall sign may not exceed 144 square feet. Such temporary wall sign may remain for a six-month period, which period may be extended for two additional six-month periods upon application to, and at the discretion of, the Borough Planning Board.
[Amended 1-30-2018 by Ord. No. 2018-1441]
(f)
Wayfinding and directional signs, building identification signs, parking restriction and other community restriction signs shall be permitted throughout the AH-26 District, to the extent necessary.
(4)
Parking requirements. The following parking requirements shall apply:
Requirement | AH-26 District Regulation |
|---|---|
Parking spaces | In accordance with residential site improvement standards (RSIS) |
Parking dimensions (aisle width) | Parallel parking: 12 feet 30° angle: 12 feet 45° angle: 13 feet 60° angle: 18 feet Perpendicular parking: 24 feet |
Parking dimensions (parking space) | 9 feet by 18 feet |
Parking dimensions (compact parking space) | 8.5 feet by 16 feet |
F.
Site standards.
(1)
Circulation.
(a)
Walkways shall link all residential buildings within the development.
(b)
Where sections of walkways branch off or join up, a decorative marker, signpost, or circle is recommended. Where walkways traverse vehicular driveways, crosswalks shall be provided and marked with textured paving in a contrasting material and color.
(c)
Benches are encouraged to be located throughout the development along the pedestrian walkway network.
(2)
Retaining walls. Notwithstanding anything to the contrary in Chapter 196, § 196-3, of the Borough Code:
(a)
To the extent possible, the use of retaining walls should be used in the form of terraces to accommodate severe grade changes, rather than single tall retaining walls. However, no retaining walls shall exceed a height of 15 feet. Where provided, retaining walls shall be screened with a variety of landscaping materials, in groupings, rather than utilizing hedges or uniform plant species and spacing.
(b)
Ornamental walls utilizing loose-laid stone may be provided throughout the site, as appropriate, up to a height of four feet.
(c)
Fences shall be installed along the tops of all retaining walls that exceed a height of four feet. Chain-link fencing, including vinyl-coated chain-link fencing, is prohibited.
(d)
No fence on the site may exceed a height of four feet, except for fences for the screening of loading areas, utility enclosures and dumpsters.
(3)
Architecture.
(a)
Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as canopies and recesses, shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, in the case of a pitched roof, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
(b)
The maximum spacing between building wall offsets shall be 80 feet.
(c)
The minimum projection or depth of any individual vertical offset shall be 1.0 feet.
(d)
The maximum spacing between roof offsets shall be 80 feet.
(e)
The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details.
(f)
Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.
(g)
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.
(h)
Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties. Section 400-49, regarding satellite antennas, shall apply.
(i)
All rooftop mechanical equipment, inclusive of solar equipment, shall be screened from view from all vantage points at grade or below the roof.
(j)
Placement of any packaged terminal air-conditioner units within the facade is prohibited.
(k)
Balconies are prohibited to be included on the outward-facing sides of any building, except that all corner residential units may have balconies. Nonfunctional, decorative "Juliet" balconies, which cannot be accessed from the interior of a unit, shall be permitted on the outward facing sides of any building. Inward-facing balconies shall also be permitted.
(4)
Trash.
(a)
All trash/recycling storage areas shall be enclosed on all four sides and screened using wood fencing or other attractive material. Trash may be stored inside the buildings.
(6)
Landscaping.
(a)
A mix of deciduous and evergreen trees and low ground-cover landscaping shall be planted along the entire site perimeter, with the exception of any intermunicipal boundary, in order to form an effective year-round screening. Tree spacing shall be 40 feet on center, or closer. In addition, where a row of parking stalls runs in a straight line for more than 20 spaces, landscaped islands shall be provided between every 15 parking spaces, planted with trees and low ground cover.
(b)
Eighty percent of the perimeter of the building(s) shall be surrounded on all sides by a landscaped, planted strip at least three feet in width. Paved walkways leading to pedestrian entrances may cross this landscape strip in a perpendicular fashion.
(c)
Use of berming, retaining walls, trees and other vegetation shall be utilized to the extent practicable in order to minimize the visual impact of the development on adjacent properties. Where possible to accommodate an inclusionary development, existing, mature trees shall remain in place in order to provide sufficient visual buffering.
§ 400-34 Low- and Moderate-Income Affordable Senior Citizen Housing Zone.
[Added 5-5-2000 by Ord. No. 2000-1140]
A.
Permitted uses are as follows: rental housing meeting the requirements of the Council on Affordable Housing (COAH), consisting of units affordable to senior citizens of low- and moderate-income, as defined by COAH, which units shall be subject to all affordability, marketing and other requirements of COAH at N.J.A.C. 5:93.[1] Also permitted shall be churches, temples and houses of worship (subject to the provisions of § 400-80) and public and private schools (subject to the provisions of § 400-79).
[Amended 3-9-2004 by Ord. No. 2004-1218; 12-28-2004 by Ord. No. 2004-1229; 1-25-2005 by Ord. No. 2005-1130; 6-14-2016 by Ord. No. 2016-1416]
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
B.
Bulk standards:
Item | Required |
|---|---|
Building height (maximum) [Amended 12-28-2004 by Ord. No. 2004-1229] | 3 stories/35 feet |
Lot area (minimum) | 1 acre |
Building coverage (maximum) | 35% |
Lot coverage (maximum) | 67.75% |
Front yard (minimum) | 12 feet |
Side yard (minimum) | 8 feet |
Rear yard (minimum) | 12 feet |
Parking spaces | 1 per unit, with waivers permissible to as few as 0.7 per unit |
Density | 35 per acre |
Frontage | None; access only |
C.
Miscellaneous requirements.
(1)
No certificate of occupancy shall be issued for any structure in this zone unless an instrument in form satisfactory to the Borough Attorney shall have been recorded in the County Clerk's office memorializing the restrictions on affordability and other regulations required to be so memorialized under the COAH regulations.
(2)
Wherever this chapter refers to the "Council on Affordable Housing" or "COAH," it shall be deemed to include the Superior Court of New Jersey whenever the Court is exercising alternative jurisdiction on matters pertaining to low and moderate affordable housing within the Borough of Montvale. Any reference to the "Council on Affordable Housing" or "COAH" shall also include any successor entity authorized under the laws of the State of New Jersey to exercise the powers possessed by COAH as of the date of this chapter. No certificate of occupancy shall be issued for any structure in this zone until such time as a developer's agreement has been executed, together with such other documents as may be required by the Borough's housing plan.
(3)
The Limiting Schedule[2] shall be and hereby is amended by the addition of the bulk standards and miscellaneous provisions herein provided for.
[2]
Editor's Note: The Limiting Schedule is included as an attachment to this chapter.
(4)
Where it can be demonstrated that units are to be occupied by persons who, due to their age or circumstances, do not need or will not likely have automobiles, the Planning Board may consider a waiver of the parking requirement, provided that it shall never be less than 0.7 per unit in the total project and one per unit of units likely to be occupied by persons who may own an automobile. The Planning Board may impose such restrictions as appropriate to support any request for a waiver of the parking requirement.
§ 400-36 Borough-wide set-aside requirements.
[Amended 5-29-2018 by Ord. No. 2018-1449]
A.
Any property in the Borough of Montvale that receives a zoning change, density variance, use variance or approval of a redevelopment or rehabilitation plan to permit multifamily residential development, which multifamily residential development will yield five or more new dwelling units, shall provide a minimum affordable housing set-aside of:
B.
This requirement shall not apply to residential development on sites that are zoned for inclusionary residential development as part of the Borough's Housing Element and Fair Share Plan, which are subject to the affordable housing set-aside requirements set forth in the applicable zoning.
C.
This requirement does not, and shall not be construed to, grant any property owner or developer the right to any rezoning, variance or other relief, nor does this requirement establish any obligation on the part of the Borough of Montvale to grant any such rezoning, variance or other relief.
D.
A property shall not be permitted to be subdivided so as to avoid compliance with this requirement.
§ 400-37 Affordable Housing - Planned Unit Development District.
[Added 4-30-2013 by Ord. No. 2013-1374]
The following standards shall apply to development in the Affordable Housing - Planned Unit Development District. All other provisions of Chapter 400, Zoning, of the Montvale Code shall apply to development in the AH-PUD District only where specifically indicated as applicable in this § 400-37 of the Montvale Code. When the standards herein conflict with other provisions of Chapter 400, the standards herein shall apply.
A.
Purpose. The Affordable Housing - Planned Unit Development District is intended to provide a realistic opportunity for the provision of low- and moderate-income residential units, consistent with the purpose and intent of Montvale's adopted and substantively certified Second Round Housing Element and Fair Share Plan within the context of an affordable housing planned unit development, comprising both residential and retail development. AH-PUD regulations are intended to capitalize on the district's unique locational, physical and historical characteristics to simultaneously provide for its first and second round affordable housing obligation coupled with a lifestyle retail shopping center in which retail services more appropriate to the established character of the area in which the two sites encompassed by this Affordable Housing - Planned Unit Development District are located.
B.
Application requirements. Any application for development for any portion or the entirety of the AH-PUD District shall be submitted as a planned development, in the nature of a preliminary site plan application. Such application shall describe any phasing of the proposed project, together with all on-site and off-site improvements needed to support such phases. The application for preliminary site plan approval may also include a request for final approvals with respect to such phase or phases. The following shall apply:
(1)
An Affordable Housing - Planned Unit Development District development shall be subject to the requirements of the district and to the mandatory findings for planned development as required by the Municipal Land Use Law, N.J.S.A. 40-55D-45.
(2)
The AH-PUD shall have both an affordable residential and a retail component, with a minimum total land area of 25 acres, of which the affordable residential component shall occupy no less than 5% nor more than 20% of the total land area, and of which the retail component shall occupy no less than 80% nor more than 95% of the total land area.
(3)
The affordable residential component shall provide for a minimum of 32 low- and moderate-income housing units, to be constructed by the Borough of Montvale or by a private, public or nonprofit entity designated by the Borough of Montvale, with adherence to the standards of Chapter 130, Affordable Housing, of the Montvale Code, concerning implementing provisions of affordable housing, so that all such dwelling units shall be certifiable by the New Jersey Council on Affordable Housing or any successor state agency.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
The maximum floor area ratio of the retail component shall not exceed 0.25.
(5)
Within the retail component, only one anchor retail store shall be permitted. Its associated parking, loading, setback and buffer areas shall occupy not less than 50% nor more than 60% of the land area devoted to the retail component, and no less than 50% and no more than 70% of the total floor area of the retail component. The remaining land area and floor area may be used for all other permitted lifestyle retail uses, as listed in § 400-37C(2)(b).
(6)
No retail uses shall be located within the AH-PUD District which abut property utilized or zoned for residential development.
(7)
The anchor retail store shall be directly accessible from driveways from Mercedes Drive and Grand Avenue but shall not have its primary orientation towards Grand Avenue.
(8)
The pro rata share of off-site improvements, including, but not limited to, required roadways, traffic signals, utilities, lighting, landscaping, sidewalk/curbs and drainage.
(a)
Off-tract improvements.
[1]
When required. Whenever an application for development requires the construction of off-tract improvements that are clearly, directly and substantially related to or necessitated by the proposed development, the Planning Board, as the case may be, shall require as a condition of final site plan or subdivision approval that the applicant provide for such off-tract improvements. Off-tract improvements shall include water, sanitary sewer, drainage and street improvements, including such easements as are necessary or as may otherwise be permitted by law.
[2]
Determination of cost. When off-tract improvements are required, the Borough Engineer shall calculate the cost of such improvements in accordance with the procedures for determining performance guaranty amounts in N.J.S.A. 40:55D-53.4. Such costs may include, but not be limited to, any or all costs of planning, surveying, permit acquisition, design, specification, property and easement acquisition, bidding, construction, construction management, inspection, legal, traffic control and other common and necessary costs for the construction of improvements. The Borough Engineer shall also determine the percentage of off-tract improvements that are attributable to the applicant's development proposal and shall expeditiously report his findings to the board of jurisdiction and the applicant.
[3]
Improvements required solely for applicant's development. Where the need for an off-tract improvement is necessitated by the proposed development and no other property owners receive a special benefit thereby, or where no planned capital improvement by a governmental entity is contemplated, or the improvement is required to meet the minimum standard of the approving authority, the applicant shall be solely responsible for the cost and installation of the required off-tract improvements. The applicant shall elect to either install the off-tract improvements or pay the municipality for the cost of installation of the required off tract improvements.
[4]
Improvements required for applicant's development and benefiting others. Where the off-tract improvement would provide capacity in infrastructure in excess of the requirements in Subsection B(8)(a)[3] above, or address an existing deficiency, the applicant shall elect to either install the off-tract improvements, pay the pro rata share of the cost to the Borough, or pay more than its pro rata share of the cost to facilitate the construction of the improvement(s) and accept future reimbursement so as to reduce its payment to an amount equal to its pro rata share. If the applicant elects to install the off-tract improvements or to pay more than its pro rata share of the cost of the improvements, it shall be eligible for partial reimbursement of costs for providing such excess. The calculation of excess shall be based on an appropriate and recognized standard for the off-tract improvement being constructed, including but not limited to gallonage, cubic feet per second and number of vehicles. Nothing herein shall be construed to prevent a different standard from being agreed to by the applicant and the Borough Engineer. The process, procedures and calculation used in the determination of off-tract costs shall be memorialized in a PUD or developer's agreement to be reviewed and approved by the Borough Attorney, who may request advice and assistance from the Planning Board Attorney. Future developers benefiting from the excess capacity provided or funded by the initial developer shall be assessed their pro rata share of off-tract improvement cost based on the same calculation used in the initial calculation. Such future developers shall pay their assessment, plus a 2% administration fee, to the Borough, not to exceed $2,000, at the time of the signing of the final plat or final site plan as a condition precedent to such signing. The Borough shall forward the assessment payment to the initial developer, less any administration fee, within 90 days of such payment.
[a]
If a developer elects to address the required off-tract improvement(s) by making a payment, such payment shall be made prior to the issuance of any building permit.
[5]
Performance guaranty. If the applicant elects to construct the improvements, the applicant shall be required to provide, as a condition of final approval, a performance guaranty for the off-tract improvements in accordance with N.J.S.A. 40:55D-53 and § 400-37 above.
[6]
Certification of costs. Once the required off-tract improvements are installed and the performance bond released, the developer shall provide a certification to the Borough Engineer of the actual costs of the installation. The Borough Engineer shall review the certification of costs and shall either accept them, reject them or conditionally accept them. In the review of costs, the Borough Engineer shall have the right to receive copies of invoices from the developer sufficient to substantiate the certification. Failure of the developer to provide such invoices within 30 days of the Borough Engineer's request shall constitute forfeiture of the right of future reimbursement for improvements that benefit others.
[7]
Time limit for reimbursement. Notwithstanding any other provisions to the contrary, no reimbursement for the construction of off-tract improvements providing excess capacity shall be made after 10 years has elapsed from the date of the acceptance of the certification of costs by the Borough Engineer.
C.
Principal permitted uses:
(1)
An affordable residential development comprised of not fewer than 32 low- and moderate-income units, which may be townhouses, stacked townhouses or apartments.
(2)
A retail component inclusive of Subsection C(2)(a) below and one or more uses from Subsection C(2)(b) below:
(a)
An anchor retail store.
(b)
A lifestyle retail shopping center, which may include the following uses:
[1]
Apparel and accessories.
[2]
Furniture, home goods and furnishings, interior design and antiques.
[3]
Horticultural sales, service and furniture, including outdoor display and/or outdoor dining areas.
[4]
Sales of picture frames, books, music, luggage, jewelry, eyeware, stationery, art supplies, greeting cards and sporting goods.
[5]
Sales of toys, games and electronic media.
[6]
Camera and photographic sales and services.
[7]
Sales of electronic devices.
[8]
Cellular communication sales and service.
[9]
Art galleries, museums and movie theaters.
[10]
Theaters and other venues for performance.
[11]
Restaurants for on- and off-site consumption.
[12]
Bakeries.
[13]
Delicatessens for both on- or off-premises consumption.
[14]
Natural food and supplement stores.
[15]
Day spas and full-service hair salons.
[16]
Baby and toddler gyms.
[17]
Pet supplies, excluding sale of pets, grooming or boarding.
[18]
Financial investment and travel services, excluding banks.
[19]
Copy, mail and packaging centers in which all delivery vehicles are properly located in designated loading areas.
[20]
Office supply not to exceed 10,000 square feet.
(3)
Parks and open space, farms and municipal uses.
D.
Permitted accessory uses:
(1)
Off-street parking and loading in accordance with the requirements of § 400-38C(2).
(2)
Signs in accordance with the requirements of § 400-38C(13).
(3)
Street furniture, planters, approved public art elements, gazebos, information kiosks, water features, waste/recycle receptacles, vehicle charging stations and bicycle racks in accordance with the requirements of § 400-38C.
(4)
Recreational and/or open space facilities, including, but not limited to, walkways, bikeways, courtyards, plazas and gardens.
(5)
Fences and walls, including retaining walls, subject to the requirements of § 400-38C(9).
(6)
Patios, terraces and decks.
(7)
Landscaping and buffering in accordance with the requirements of § 400-38C(8).
(8)
Stormwater detention facilities.
(9)
Management office for retail center.
(10)
Lighting fixtures in accordance with the requirements of § 400-38C(12).
F.
Bulk, area and other dimensional standards.
(1)
The affordable residential component shall comply with the following dimensional standards for both principal and accessory structures:
Standard | Requirement | ||
|---|---|---|---|
Minimums: | |||
Lot area | 3.0 acres | ||
Lot width | 150 feet at the front building location | ||
Lot frontage | 150 feet | ||
Front yard setback (from right-of-way) | 100 feet | ||
Building setback to property line: | |||
Adjacent single-family residential | 35 feet | ||
Adjacent multifamily residential | 75 feet | ||
Minimum perimeter buffer | 25 feet | ||
Open space | 50% of lot | ||
Maximums: | |||
Building height (feet/stories) | 35 feet/2 stories | ||
Floor area ratio | 0.30 | ||
Building coverage | 15% of lot area | ||
Lot coverage | 50% | ||
Number of residential dwellings | 32 | ||
(2)
The retail component shall comply with the following dimensional standards:
Standard | Requirement | |
|---|---|---|
Minimums: | ||
Lot area1 | 25 acres | |
Lot width | 1,000 feet | |
Lot frontage | 1,000 feet | |
Perimeter setback2 | 50 feet | |
Open space | 25% | |
Maximums: | ||
Building height (stories) | 2 | |
Building height (feet)3 | 40 | |
Floor area ratio | 0.25 | |
Building coverage | 20% | |
Lot coverage (impervious surfaces) | 50% | |
Lot coverage (including pervious surfaces)4 | 75% | |
NOTES: |
|---|
1Any land area dedicated or reserved for public use as a condition of site plan approval (such as right-of-way dedication) shall be considered as part of the AH-PUD development area as if it was not so dedicated for the purposes of this chapter, including, but not limited to, the establishment of required lot area setbacks, yards, building coverage, lot coverage density and floor area ratio. |
2 To center line of adjoining street. |
3 One clock tower on the anchor retail store may exceed the maximum permitted building height by no more than 40 feet. |
4 The maximum impervious lot coverage shall be 50% utilizing standard impervious parking techniques for all paved surfaces. However, alternate porous paving system and vegetative "green" roof areas may be used to attain a total lot coverage of 75%, with no more than 50% of the lot coverage being impervious surface and up to an additional 25% of the lot coverage being pervious paving surfaces and green roof areas. Pavers over pervious base or turf blocks shall only be utilized for pedestrian and biking surfaces, overflow parking areas or emergency-only access driveways. Porous pavement, suitable for more general and heavier-use vehicular surface applications, is also acceptable. Upon approval, an approved, bonded maintenance plan incorporating best management practices shall be required for all pervious paving surface areas to minimize siltation of porous paving areas. |
G.
Responsibilities of the developer and the Borough for development of the low- and moderate-income housing.
(1)
Upon receipt of the building permit for the first phase of development of the retail uses, the developer shall transfer to the Borough of Montvale, in exchange for nominal compensation, the lots designated as "Block 1002, Lots 3 and 5." Such lots shall be reserved by the Borough of Montvale for the construction of affordable housing in accordance with the provisions of this chapter.
(2)
Upon transfer of Block 1002, Lots 3 and 5, to the Borough, the developer of the retail uses shall be deemed to have entirely fulfilled its obligations under this chapter concerning the creation of low- and moderate-income housing. Actual construction of low- and moderate-income housing on Block 1002, Lots 3 and 5, shall be solely the responsibility of the Borough or other private, public or nonprofit entity designated by the Borough. The developer's right to construct and occupy retail uses shall not depend in any way on the progress made by the Borough towards constructing low- and moderate-income housing on Block 1002, Lots 3 and 5.
(3)
The application to the Planning Board for preliminary site plan approval of the PUD may show the retail uses and the low- and moderate-income housing as separate phases of the PUD. The developer of the retail uses and the Borough or its designee may separately and independently apply for, and be granted, final site plan approval for the retail uses or the low- and moderate-income housing.
H.
Additional applicable provisions to the AH-PUD District. All of the following articles and sections of this chapter of the Code of Montvale shall apply to development in the AH-PUD District.
(3)
An affordable housing component shall comply with the requirements of Chapter 130, Affordable Housing, the implementing provisions of affordable housing, except that, wherever the Uniform Housing Affordability Controls (UHAC) and the Substantive Rules of the Council of Affordable Housing override such controls, the UHAC and COAH rules shall apply.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
I.
Additional chapters with application to development in the AH-PUD District. All other chapters of the Montvale Code shall apply to development within the AH-PUD District.
§ 400-38 Design standards for AH-PUD District.
[Added 4-30-2013 by Ord. No. 2013-1374]
A.
Site plan review for development in the AH-PUD District. Site plan review for all development within an AH-PUD District shall follow the procedures and requirements as set forth in this section.
B.
Design standards for residential development in the AH-PUD District.
(1)
Circulation.
(a)
One vehicular entrance to the project site is permitted. Pedestrian sidewalks shall be provided to link all building entries through the site to the public street or streets on which the lot fronts. Sidewalks shall also be provided along the public right-of-way.
(2)
Off-street parking.
(a)
All off-street parking shall be surface parking. No parking spaces may be located within 150 feet of Summit Avenue. The end of the parking lot shall include a loop to enable vehicles to turn around.
(b)
The number of parking spaces required shall be in compliance with New Jersey's Residential Site Improvement Standards (RSIS).
(3)
Landscaping.
(a)
A mix of deciduous and evergreen trees and low ground cover landscaping shall be planted along the entire site perimeter in order to form an effective year-round screening. Tree spacing shall be 40 feet on center, or closer. In addition, where a row of parking stalls runs in a straight line for more than 20 spaces, landscaped islands shall be provided between every 15 parking spaces, planted with trees and low ground cover.
(b)
The perimeter of the building shall be surrounded on all sides by a landscaped, planted strip at least four feet in width. Paved walkways leading to pedestrian and loading entrances may cross this landscape strip in a perpendicular fashion.
(c)
An open space component consisting of a small playground or tot lot shall be provided on site, of at least 600 square feet. A location adjacent to the building is encouraged, so that children do not have to cross the parking area or circulation lanes in order to reach the playground.
(4)
Building massing.
(a)
One residential structure is permitted. The building's front facade shall face towards the primary parking area.
(b)
As viewed from the front and back facades, the building mass shall be broken into four bays, namely, two large central bays and two smaller side bays. Each of the larger bays shall be no more than 80 feet wide, while the smaller bays shall be no more than two stories high and no more than 50 feet wide. The larger bays shall have a cross-gabled roof form for further visual emphasis.
(c)
As viewed from the front façade, the four bays shall be separated and delineated by circulation hallways/staircases. On the front façade, such circulation areas shall be either open-air "breezeway" style or located within an enclosed mass that shall be offset from the adjacent exterior walls on either side to provide surface articulation and shadow on the façade. The rear façade shall utilize the same offset in the exterior walls to provide surface articulation and shadow on the façade.
(d)
The building is permitted two full stories and a partial story above the second story, provided it does not exceed 35 feet in height. The maximum numerical height shall be measured to the midpoint of the vertical distance between the ridgeline and eaves of the main hipped roof form for each of the four bays. A third living floor shall be permitted only in the middle two bays of the building and shall not exceed 70% of the total floor area of the floor below, not including common stairway elements.
(e)
Each of the four bays, in turn, shall be broken into three sections on both the front and rear façades. To constitute a "section," the relevant building mass shall be defined by a change in depth plane (with respect to adjoining sections of façade) of at least one foot and at least one of the following two methods: framed by gutter downspouts; or clad in a contrasting material, color, texture, or pattern. The change in depth plane is not required at the first floor. The center section of each bay shall also have a centered gable with pediment.
(f)
The middle of the building shall be clad in high-quality horizontal siding with traditional clapboard or "shake" forms. The middle shall be separated visually from the top of the building by a belt trim between the second and third floors. Belt trim shall be provided between the first and second floors of all bays. Belt trim shall be of sufficient depth and height to create a visual and dimensional break, and shadow line, between the façade areas above and below.
(g)
The third floor, where permitted in the central section, shall have a sloping roof.
(h)
Roofs shall have varying fascia heights and turned gables. The largest portion of the roof shall have a hipped form with a ridgeline. Cross gables are required at each of the two largest central bays. Smaller cross gables are encouraged in all four bays. The center of the roof shall be marked with a cupola, whose height shall be excluded from the maximum permitted height calculation. The minimum hip roof slope is 5:12 rise:run; the minimum roof slope for a turned-end gable is 7:12 rise:run.
(5)
Transparency.
(a)
Ground-level units are encouraged to have individual, townhouse-style entrances in the front façade of the building. Three shared pedestrian entries to the building are required in the front façade, facing the parking lot. The entries shall lead to interior shared hallways and staircases that lead to upper-level units and optionally to ground-level units.
(b)
As measured at each level of the façade, windows shall occupy at least 20% of the façade area. No blank portion of façade may exceed 10 feet in width.
(c)
Windows shall be vertically proportioned; however, larger window openings may be created by pairing or tripling vertical windows, with mullions between them. Windows shall be single-hung or double-hung. In order to create shadow lines that create a visual depth and richness in the façade, the following detailing is required:
(d)
Balconies are permitted, though not required.
(6)
Building materials.
(a)
Materials should be applied consistently and with the same level of detail on the primary front elevation and the primary side elevation which faces Summit Avenue. Decorative window trim is not required on the two subordinate elevations (rear and side facing the Garden State Parkway). Changes in material should occur at a structurally logical break point and should not appear pasted on. Stone and brick and similar materials should not be used above visually lighter-weight cladding such as stucco or wood.
(b)
Placement of any PTAC (packaged terminal air conditioner) units within the façade should be part of a larger, architecturally cohesive façade design, if necessary flanked with symmetrical framing or grilles, rather than arbitrarily placed punched openings. Any logos or lettering exceeding two inches in height and which appears to be visually obtrusive on the exterior of PTAC units shall be removed or covered with a grill or similar means so that the PTAC unit blends unobtrusively into the surrounding façade.
(7)
Equipment and loading.
(a)
All rooftop mechanical equipment shall be screened from view from all vantage points at or below the level of the roof, using materials harmonious to the overall building design.
(b)
Loading areas and trash/recycling storage areas should be enclosed on all four sides and screened using wood fencing or other attractive material.
C.
Design standards for retail development in the AH-PUD District.
(1)
Circulation.
(a)
A maximum of four vehicular connection points to surrounding streets is permitted, as follows:
[1]
One entry drive shall run in an easterly direction from, and generally at right angles to, Mercedes Drive. This entry drive shall provide access to both the anchor retail parking area and lifestyle retail store parking areas.
[2]
One entry drive shall be from a roundabout providing right-in, right-out traffic movements onto Grand Avenue West. The roundabout shall provide direct access into the lifestyle retail center and also link to the anchor retail parking area.
[3]
One entry drive shall be from Mercedes Drive into the southern edge of the anchor retail parking field.
[4]
One entry drive shall be from Phillips Parkway.
(b)
No vehicular circulation within the project is permitted to link the retail portion served by Phillips Parkway and the remaining lifestyle retail center or anchor retail, due to the change in grade.
(c)
Dropoff areas shall be identified by sidewalk bulb-out projections, textured paving, or pavement markings and shall be located at public activity areas and/or main building entrances.
(d)
A continuous loop of sidewalks is required along the entire site perimeter. Specifically, sidewalks shall be provided along the entire street-facing outer frontage of the site, along Mercedes Drive, Grand Avenue West, and Phillips Parkway. A sidewalk is also required along the portion of the site that adjoins the Borough Municipal Building, the park and other properties.
(e)
In addition, sidewalks and/or walkways shall link all buildings of all portions of the lifestyle retail center and anchor retail store to perimeter sidewalks of all adjoining streets.
(f)
The sidewalk(s) crossing steep grades shall incorporate switchbacks as necessary to maintain a walkable grade.
(g)
Where sections of sidewalks branch off or join up, a decorative marker, signpost, or circle is recommended. Where sidewalks traverse vehicular driveways, crosswalks shall be provided and marked with textured paving in a contrasting material and color.
(h)
All sidewalks at the site perimeter and interior shall have a minimum clear paved walking width of at least five feet; however, sidewalks in front of all retail storefronts and in other areas with high pedestrian traffic shall have a minimum clear paved walking width of at least seven feet and shall include decorative paving materials, rather than plain concrete.
(i)
The quantity of benches shall be determined by calculating the number of benches if placed at least every 200 feet in central shopping areas, and every 500 feet in other areas, along all site sidewalks, except along perimeter streets. The actual location of the required number of benches shall be determined and approved by the Planning Board at the time of the site plan. The planting of shade trees to provide shade for such benches is strongly encouraged.
(j)
Sidewalks adjacent to streets or circulation drives shall also include a landscape strip (built at a lower elevation than the paved area, to allow for water flow) with street trees, grass, and low plantings that serve as water storage and infiltration. Where street trees are thus required, they shall be planted no more than 40 feet apart, on center, on average, with variation permitted for curb cuts, utility vaults, and other site conditions.
(k)
The overall site shall provide a total of at least six electric vehicle charging stations within the site and at least in two different locations.
(l)
Bike racks shall be provided in clear view of storefront entrances, with at least 1 bike space for each 10,000 square feet of gross floor area, and served with night lighting.
(m)
Any off-street bicycle paths within or at the perimeter of the site should be at least seven feet wide.
(2)
Off-street parking.
(b)
The following parking ratios shall apply to development within the AH-PUD District:
[1]
Anchor retail store: five spaces per 1,000 square feet of gross floor area.
[2]
Lifestyle retail uses: five spaces per 1,000 square feet of gross floor area.
[3]
Horticultural sales, services and furniture and accessory and related uses contained therein: four spaces per 1,000 square feet of gross floor area.
(c)
Where the anchor retail store and lifestyle retail uses share access and parking spaces, the required ratios above may be lowered by the Planning Board, based upon a shared parking analysis which demonstrates that the combined peak parking demand can be satisfied for those shared parking facilities at a lower combined ratio.
(3)
Open space.
(a)
The lifestyle retail center shall have at a minimum three "signature open spaces" that serve as pedestrian gathering spaces and focal points for the development.
[1]
Signature Open Space A shall be located along the northern side of the site, shall include the roundabout having access from Grand Avenue West, and shall extend south towards the anchor retail store. This open space shall be configured for active use by shoppers and visitors to both the anchor retail store and other lifestyle retail stores and shall include seating areas in shade and sun, areas landscaped with low plantings, open grassy lawn areas, trees, a shade structure such as a trellis or arbor, and a tall architectural feature. Chairs and tables for casual/takeout outdoor dining, and a water feature, are encouraged as well.
[2]
Signature Open Space B shall be located at the corner of Mercedes Drive and Grand Avenue West. This space shall be designed more as a visual amenity (rather than for intensive pedestrian use) but shall be accessible from sidewalks along both streets. It shall include a tall architectural feature, project signage, a variety of landscaping, and benches or low walls for seating.
[3]
Signature Open Space C shall be located adjacent to the pedestrian building entry for the lifestyle retail stores accessible only from Phillips Parkway. This open space shall include seating areas, low plantings, a shade structure such as a trellis or arbor, and trees and may be combined with outdoor display areas and/or outdoor dining.
(b)
In Signature Open Spaces A and B, the architectural feature shall be at least 20 feet tall but no taller than 45 feet in height and have an agricultural or rural theme, such as an old-fashioned windmill, a grain silo, or a water tank.
(c)
The signature open spaces shall support periodic events associated with the retail uses of the site. Examples of such events shall include outdoor dining, sidewalk sales, seasonal promotions, movie nights, and periodic events.
(4)
Building sizes.
(a)
The anchor retail store shall be provided as a standalone single building and shall not be attached to any other retail buildings.
(b)
In the lifestyle retail component, several retail buildings shall be permitted. However, no single building shall be less than 4,000 square feet nor more than 25,000 square feet in size.
(c)
The minimum height of the front façade of all buildings in the lifestyle retail component shall be 15 feet.
(d)
In the lifestyle retail component, the maximum building width shall not exceed eight times the height of the building.
(5)
Building orientation.
(a)
The following requirements govern what direction or landmarks the primary pedestrian entrance(s) of each of the buildings in each part of the retail center shall face (the "frontage").
[1]
The anchor retail store shall face Mercedes Drive and be located behind the primary parking field.
[2]
The lifestyle retail buildings located closest to Mercedes Drive and Grand Avenue shall face a central parking field. The largest retail building of the lifestyle center shall be located at the north end of the parking field. Smaller buildings shall generally flank the east and west sides of the parking field, facing towards the parking.
[3]
Retail buildings accessible only from Phillips Parkway shall be sited near the corner of Grand Avenue West and Phillips Parkway, while the parking field shall be at the rear, behind the buildings with respect to the streets.
(6)
Building massing and articulation.
(a)
Building form and massing should suggest a development that grew over the years, with larger buildings broken down into smaller masses. Building roof mass shall be broken up by towers, steeples, gables, shed dormers, and similar elements.
(b)
The primary façade of a building faces the largest parking area serving that building. Within that façade, the primary pedestrian entrance shall be provided, and it shall have the highest amount of both horizontal and vertical articulation (discussed further below), architectural detailing, and variation in massing. The façade facing the public street shall provide horizontal and vertical articulation as well as architectural detailing.
(c)
The side façades of a building, as defined with respect to the primary façade, may have a lesser level of detailing and variation in massing. Specifically:
[1]
No more than one side façade may include a loading and service area. Except those buildings intended to resemble a barn, the loading/service façade shall include vertical articulation to establish a middle and top. Glazing (windows) is not required.
[2]
Where a side façade does not include a loading area, display windows shall be provided within at least the front 20 feet of the side façades. For the anchor retail store, this shall apply only to that façade which faces a public street. Such side façade shall also provide vertical articulation to establish a base, middle, and top.
(d)
The rear façade of a building, as defined with respect to the primary façade, shall include vertical articulation to establish a base, middle, and top. Rear façades are not required to have horizontal articulation according to the bay definition below, except that the rear façade of any building that backs onto the required Signature Open Space A shall meet the bay definition.
(e)
Except for the anchor retail store and those buildings intended to resemble a barn, the base of all buildings shall be defined as at least the lowest three feet and may extend into a second story. For such buildings, the base shall be highlighted with a contrasting material that is heavier in appearance than the main façade cladding, such as a stone base below a wood façade, or a wood base below a glass façade. Simulated wood and cultured stone are acceptable substitutes for the above materials. The base shall project outwards from the middle of the building by at least three inches. The top of the base cladding shall be capped with a coping, cornice, or other dimensional transition.
(f)
No cantilevered projections above the ground floor are permitted. Any porches or arcades are to be supported by columns with traditional base and capital expression.
(g)
The middle of buildings shall have wood clapboard or simulated wood clapboard, running vertically, or in a board and batten pattern siding, or stone or unit masonry, or glass greenhouse-style panes in a metal frame.
(h)
The "top of buildings" shall be defined as the roof and/or roofline. The roof shall be detailed according to specific requirements associated with the roof form, discussed elsewhere.
(i)
A "bay" is required to be distinguished from adjacent portions of the facade by some of the following four elements:
(j)
Buildings narrower than 80 feet in front facade width are not required to define bays.
(k)
Buildings having less than 25,000 square feet of floor area and measuring equal to or greater than 80 feet in front facade width shall have front façades divided into at least three bays, with the bays distinguished according to the requirement above.
(l)
The anchor retail store shall also be subject to the following requirements:
[1]
The front façade shall be divided into at least three bays, with the bays distinguished according to the requirement above. Furthermore, the central bay shall:
[a]
Include a prominent pedestrian entrance.
[b]
Have the largest amount of detailing and articulation, with a tripartite division with side-gabled and front-gabled components.
[c]
Be the equivalent of two stories in height, plus additional height from gabled roof accents, and shall be taller than its flanking bays.
[d]
Have windows, window articulation or other similar articulation on both floors; eyebrow windows are recommended under the eaves in the middle section of the central bay.
[2]
The front façade shall be further highlighted architecturally with all of the following required elements: a tower or steeple element, a corner or side entrance, retail signage, and contrasting materials.
[3]
Each of the three or more bays in the front facade shall include further architectural detailing to break up the width into a series of small subbays, using, at a minimum, a change in both materials and fenestration pattern.
(m)
Retail businesses shall have individual entries at grade facing walkways. Internal mall-style entries are prohibited.
(n)
Building pedestrian entries shall be highlighted architecturally through massing and architectural features, not merely punched into the facade. The anchor retail building should have at least three entries in the primary and/or side facade.
(o)
The first level of primary facades of all retail buildings, except for the anchor retail store, shall have clear, transparent, nontinted glazing occupying at least 80% of the facade width and at least 8 feet of height.
(p)
Roofs of all buildings shall be one of following forms: gable, gambrel, barrel-vault, or flat.
[1]
Gable and gambrel roofs may cover the entire roof area or just the front portion. If covering the entire roof area, the peak of the gable roof must still comply with maximum height regulations of the zone. If only covering a portion, the pitched roof mass shall extend back from the front façade at least 15 feet for buildings less than 100 feet in width and at least 25 feet for buildings over 100 feet in width. Gable and gambrel roof forms shall be accented by cross-gables, shed roof dormers, or gabled dormers. A simple cornice, coping, or parapet-style roofline is acceptable along side and rear facades, behind the required front pitched roof form.
[2]
Barrel-vaulted roof forms may be used, but only if they comprise the entire building roof.
[3]
Gable and gambrel roof forms should have multiple variations in depth and height that relate to the façade bay massing below.
[4]
Flat or shed roofs shall have simple cornices or parapets along all facades.
[5]
Buildings in the lifestyle center accessible only from Phillips Parkway are encouraged to have barrel-vaulted roofs.
(q)
Roof accent forms that are gabled shall have minimum slope of 9:12 rise:run. If the entire roof is gabled, minimum slope is 5:12 rise:run. Gambrel roofs shall have a total rise:run slope of 6:12 or steeper, measured from the eaves to the peak. Barrel-vaulted roofs shall have a total rise:run slope of 1:3 or steeper, though of course the overall form is curved.
(7)
Materials and style.
(a)
Building and site detailing shall follow one or more of the following vernacular design themes: early industrial revolution, equestrian, farm, or rural village.
(b)
The suggested building material palette includes stone or cultured stone, horizontal and vertical siding in barn red and other rural/agricultural colors, aluminum and weathered metal, and weathered wood boards.
(c)
Buildings with gable or gambrel roofs shall have vertically or horizontally lapped siding as the primary facade material, in addition to glazing. Roofs on these buildings shall be metal standing-seam, shingled, or synthetic slate. Sliding barn-style doors are encouraged for gambrel-roofed buildings. Pitched roof forms should be accented with weather vanes, cupolas, or ventilators.
(d)
Buildings with barrel-vaulted roofs are encouraged to have fully glazed, greenhouse-style primary façades (with multiple panes of glass) with awning-style pivot windows and roll-up, multipaned, fully glazed, garage-style doors.
(e)
Site features should relate to the design theme. For example, early machinery, horseshoes, bridle bits, metal or wooden buckets, braided leather, hand-pumped water pumps, white wood fences, weathered wood, dry-laid stone walls, watering troughs, antique farm equipment and implements and hand tools. Site furnishings (such as seating and trash receptacles) shall have a palette of weathered wood and rough-hewn metals, such as cast iron, patinaed copper or brass, and galvanized metal, or COR-TEN® steel.
(f)
Except for those buildings with their rear walls located within 30 feet of a retaining wall of at least eight feet in height, and the anchor retail building, every building shall exhibit the same type and detailing of building materials on all sides. On the anchor retail store, the rear façade up to a height of 14 feet may have a different finish.
(8)
Landscaping.
(a)
Evergreen trees and shrubs per the 2012 USDA Plant Hardiness Zone for Montvale shall be utilized to screen all unwanted views into the site, including, but not limited to, delivery, loading/unloading areas, refuse storage areas, retaining walls, grade changes and parking lots. Group plantings, rather than hedge plantings, are encouraged for screening purposes.
(b)
Landscaping around buildings and in smaller open spaces scattered throughout the site should be planted with the purpose of visually enhancing the buildings or open spaces in which they are located and shall contain a variety of plantings that are attractive during all seasons, throughout the year.
(c)
Rain gardens, which function as landscaped open space while serving as detention/filtration basins, are encouraged and should be planted with wildflowers or crown vetch in combination with groupings of water-tolerant evergreen trees and shrubs, flowering trees and shrubs, or a combination of all, so as to be visually attractive throughout all four seasons.
(d)
The following native plantings/horticultural materials shall be utilized:
[1]
Shade trees of the following types are strongly encouraged: oaks, maples, plane, beech and hornbeam. In those cases where shade trees are to be provided in limited spaces, columner/fastigata varieties are also acceptable.
[2]
Ornamental/flowering trees, to be utilized in designated open spaces in particular, and on scattered open spaces, should be of disease-resistant varieties wherever possible, as well as proven to be hardy per the USDA Plant Hardiness Zone Map, including but not limited to kousa dogwood, purple leaf plum, eastern redbud, and river birch.
[3]
Evergreen and deciduous shrubs shall be of deer-resistant varieties to the extent possible.
[4]
All lawn areas shall be sodded or seeded, and all landscaped areas comprising an area of greater than 150 square feet shall be irrigated.
(e)
Trees shall be planted in rows along both sides of internal streets and major vehicular circulation drives to evoke traditional windbreaks (rows of wind-blocking trees) along farm entry drives and between fields. In parking areas having over 20 spaces, trees shall be planted orchard-style, spaced regularly across the parking lot, at the rate of at least one tree for every 20 spaces. While trees should draw from a uniform palette in each area, trees in contrasting, eye-catching flower and/or leaf colors are recommended as focal points.
(9)
Fences and walls.
(a)
In general, fences and walls shall be designed to evoke an equestrian, rural, farm theme, the materials and styles of which are consistent with the building design and other accessory structures and design features that are provided on site.
(b)
Retaining walls may be of the manufactured type, such as colored concrete that resembles indigenous natural stone, and a color palette that is consistent with the vernacular geomorphology.
(c)
To the extent possible, the use of retaining walls should be used in the form of terraces to accommodate severe grade changes, rather than single tall retaining walls. However, no retaining walls shall exceed a height of 15 feet. Where provided, retaining walls shall be screened with a variety of landscaping materials, in groupings, rather than utilizing hedges or uniform plant species and spacing.
(d)
Ornamental walls utilizing loose-laid stone may be provided throughout the site as appropriate, up to a height of four feet.
(e)
Fences shall be planted along the tops of all retaining walls that exceed a height of three feet. Chain-link fencing, including vinyl-coated chain-link fencing, is prohibited. Except when needed for screening or fall protection, fences on top of retaining walls should be of a three-rail type, such as those used predominantly by farmers in the Montvale area. Such rails should be of wood, or of manufactured material (such as concrete), with either post or column support, and the color and design of which closely resemble wood. Other fencing on the site, such as along the entry drive from Mercedes Drive and along the site perimeter or within the site, should be of a two-rail type, with pillars for support, utilizing the same materials and color as that of the three-rail type, that is, the type that closely resembles wood. Where the Planning Board determines a solid screen or fall protection is required, a solid fence of the same material as a split-rail fence may be permitted.
(f)
Fences around dumpster areas and other building features that require 100% fully opaque screening or, for fall protection, shall also utilize wood or manufactured materials, the color and design of which closely resemble wood.
(g)
No fence on the site may exceed a height of four feet, except for fences for the screening of loading areas and dumpsters.
(10)
Loading and storage.
(b)
Truck loading/service bays for the anchor retail store shall be at the rear of the building, facing east. Truck circulation shall be designed to use the perimeter of the anchor retail's parking field and shall not cross the primary pedestrian access routes between its parking field and the anchor retail store.
(c)
Truck loading/service areas for the lifestyle retail center buildings accessible from Mercedes Drive and Grand Avenue are prohibited at the front facades of buildings and should be located at the sides of most of buildings. Truck loading/service areas at the rear of buildings in this area are prohibited because they would face streets at the project perimeter.
(d)
Truck loading/service areas for the lifestyle retail building(s) accessible only from Phillips Parkway shall be at the side or rear of buildings, or at one end of the parking lot, in either case largely hidden from view of Grand Avenue West and Phillips Parkway behind the buildings.
(e)
For the anchor retail store, truck loading/service areas shall be well-screened to a height of 14 feet by the use of appropriate walls, fences and landscaping so as to obscure their view from adjacent streets and from within the retail center.
(11)
Mechanical and utilities.
(a)
Rooftop equipment shall be enclosed with screen walls so that it is not visible from adjacent municipal streets. Screen walls shall be of materials complementary to the form and expression of the building.
(b)
All wireless communications equipment, including satellite dishes, shall be mounted in such a way as to not negatively impact the appearance of the building nor create objectionable views from surrounding structures.
(c)
Pad-mounted equipment, machinery and the mechanical controls for same, if permitted by the utility company, including, but not limited to, transformers, junction boxes, lift stations, electrical meters, condensers, and signal boxes, shall be interior to the block, set back at least 20 feet from the public right-of-way, or masked by building elements in a manner consistent with the design of the building.
(d)
A wall of venting for mechanical rooms shall not be permitted along façades facing streets, pathways, and open spaces.
(e)
All internal utility connections internal to the site shall be underground.
(12)
Green building and site design.
(a)
The lifestyle retail building closest to the intersection of Grand Avenue and Mercedes Drive shall have a green, vegetated roof.
(b)
Low-impact development (LID) methods shall be used to slow runoff and provide on-site storage, detention, and infiltration solutions, per New Jersey requirements for stormwater management. Bioretention solutions, such as extended detention vegetated ponds, rain gardens, and drainage swales, shall be integrated into landscape design to intercept stormwater runoff. Pedestrian gathering spaces should use a variety of surfaces, including unit pavers on sand, paver inserts or grass inserts framed by concrete, DG (decomposed granite), or similar gravel surface that allows water to infiltrate.
(c)
Light-emitting diode (LED) and/or metal halide lighting shall be incorporated into site, service, and parking lot lighting.
(d)
All exterior lighting shall be designed so as to reduce glare, lower energy usage, and direct lights only to where they are needed.
(13)
Signage.
(a)
Signs permitted within the retail component of the AH-PUD District shall be only those specified in the table below.[1]
[1]
Editor's Note: The retail signs table is included as an attachment to this chapter.
(b)
Additional sign requirements.
[1]
Only external illumination shall be permitted for all non-wall-mounted signs, utilizing traditional vernacular ornamental lighting fixtures. Wall-mounted signs may be individual, channel-cut letters with internal illumination, or through LED backlighting of metal letters.
[2]
Each primary monument sign permitted shall be limited to the name of the shopping center, the anchor tenant, and two additional tenants. The entrance monument sign shall be limited to the name of the shopping center and one tenant. All other signs, including wall signs, shall be limited to identification of the tenant only and may include corporate or brand name logos.
[3]
No individual sign may exceed three colors, including black and white, except for wayfinding directory signs and projecting signs. Projecting signs shall be mounted no less than eight feet and no more than 15 feet above grade to the top of the sign, shall project no more than four feet from the wall, and shall be composed of wood, wrought iron or metal.
[4]
Awnings and canopies are permitted but shall not be used for signage purposes nor contain any letters, numbers, logos or the like. No vinyl or white awnings shall be permitted; their design shall be consistent with the overall rural agricultural design theme of the center. Awning panels shall be flat or sloped but shall not be fluted or curved.
[5]
Monument signs shall utilize brick, stone, metal and wood, or materials which closely resemble those natural materials, and no stucco, plastic or masonry block shall be used. A solid base surrounded by appropriate ornamental plantings shall be provided. No monument sign shall be located in sight triangles.
[6]
No accessory structures, street furniture or outdoor design features, such as windmills, silos or old farm equipment, shall have any signage mounted or painted on them.
[7]
In addition to the signs above, a tenant may also be permitted to install a sign or signs, limited to demonstrate or evidence membership in a retail or professional organization or credit card or credit association or plan or to show manufacturers' or required licenses, which signs shall be permitted to be attached to windows on the interior of the business use, provided that the aggregate area employed for such purpose shall not exceed 5% of the total window area.