Montville Township City Zoning Code
ARTICLE XXXII
Route 202 Overlay District
§ 230-256 Purpose.
The purpose of the Route 202 Overlay District is to create a realistic opportunity for the construction of low- and moderate-income housing in a suitable portion of the Township of Montville, and thereby help to address the fair share housing obligation of the Township of Montville under the New Jersey Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, the settlement agreement entered into between the Township and Fair Share Housing Center ("FSHC") on December 21, 2018, and the Township's Housing Element and Fair Share Plan. The Route 202 Overlay District encourages the development of low- and moderate-income housing by allowing for inclusionary multifamily residential; however, developers shall also have the option of developing in accordance with the underlying B-1 Zone standards.
§ 230-257 Permitted uses.
The uses set forth below shall be permitted as a development alternative to the underlying zoned uses allowed by this chapter, but shall not replace the underlying zoning district.
A.
Principal uses. The following principal uses are permitted in the Route 202 Overlay District:
(1)
Multifamily residential dwellings.
B.
Accessory uses. The following accessory uses are permitted in the Route 202 Overlay District:
(1)
Off-street parking, including surface parking, under-building parking, and parking garages.
(2)
Fences and walls.
(3)
Signs.
(4)
Buildings for storage of maintenance equipment.
(5)
Private recreation buildings and facilities, including swimming pools, workout rooms, common areas and the like, intended for use by residents of the premises.
(6)
Trash and recycling facilities intended for use by residents of the premises.
(7)
Other accessory uses normally incidental to the principal permitted use.
§ 230-258 Affordable housing requirements.
A.
All multifamily residential developments constructed in the Route 202 Overlay District shall be required to set aside a minimum percentage of units for affordable housing. The minimum set-aside shall be 20%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
B.
All affordable units to be produced pursuant to this section shall comply with the Township's Affordable Housing Ordinance at Chapter 73 of the Township Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC")(N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, the Township's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the Court, including a judgment of compliance and repose order. This includes, but is not limited to, the following requirements for all affordable units:
(1)
Low-/moderate-income split: A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.
(2)
Bedroom mix: Irrespective of anything in the Township Code or UHAC to the contrary, the following bedroom mix shall apply in the Route 202 Overlay District:
(a)
Fifty percent of all low- and moderate-income units shall be two-bedroom units; and
(b)
Fifty percent of all low- and moderate-income units shall be three-bedroom units.
(c)
If the development contains an odd number of units, resulting in a fraction, the number of two-bedroom units shall be rounded downwards to the next whole number and the number of three-bedroom units shall be rounded upwards to the next whole number.
(3)
Deed restriction period: All affordable units shall be deed restricted for a period of at least 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"). The affordability controls shall expire only after they are properly released by the Township and/or the Township's Administrative Agent at the Township's sole option in accordance with N.J.A.C. 5:80-26.11 for rental units or N.J.A.C. 5:80-26.5 for for-sale units.
(4)
Administrative Agent: All affordable units shall be administered by a qualified Administrative Agent paid for by the developer.
(5)
Other Affordable Housing Unit Requirements: Developers shall also comply with all of the other requirements of the Township's Affordable Housing Ordinance, including, but not limited to, affirmative marketing requirements, candidate qualification and screening requirements, integrating the affordable units amongst the market rate units, and unit phasing requirements. Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.
§ 230-259 Development standards.
A.
Area and bulk requirements. The area and bulk requirements for the uses permitted in the Route 202 Overlay District are set forth below. The area and bulk regulations of the underlying zoning district shall remain in full force and effect for development devoted exclusively to uses permitted in the underlying zoning district.
Requirement | Route 202 Overlay |
|---|---|
Minimum lot area | 4 acres |
Minimum lot width (at street line) | 120 feet |
Minimum lot width (at required setback) | 180 feet |
Maximum density | 15.7 units per acrea |
Minimum yard setbacks: | |
Front yard | 30 feet |
Rear yard | 30 feet |
Side yard (each) | 20 feet |
Minimum setback between principal buildings | 30 feet |
Maximum number of dwellings per building | No maximum |
Maximum building height | 40 feet/3 stories |
Maximum building coverage | 35% |
Maximum impervious coverage | 75% |
Minimum buffer width along rear lot line | 25 feet |
Minimum buffer width along side lot lines | 15 feet |
NOTES: | |
a | When calculating the maximum permitted number of units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number if said fraction is equal to or greater than 0.5 unit, or downwards to the next whole number if said fraction is less than 0.5 unit. |
B.
Buffer requirements.
(1)
A minimum planted buffer area of 25 feet shall be planted along all rear lot lines in order to buffer the development from the adjacent I-2 Zone district to the north. In addition, a minimum planted buffer area of 15 feet shall be planted along all side lot lines. The buffer area shall be used only as a buffer planting strip on which shall be placed evergreen trees, shrubbery, berms, hedges, fencing and/or other suitable elements sufficient to constitute an effective screen. Buffers shall provide a year-round visual screen.
(2)
No building or impervious surface shall be permitted within the buffer area. Grading and earthwork shall not be permitted within the buffer area except to enhance the integrity of the buffer, such as the creation or supplementing of earthen berms, and to enhance stormwater infiltration within the buffer area. Existing vegetation should be preserved in the buffer area where practical.
(3)
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently, and any plant material that does not live shall be replaced within one year or one growing season, provided all landscape plans as approved shall be continually complied with.
C.
Off-street parking requirements.
(1)
The minimum number of off-street parking spaces shall be as set forth in the residential site improvement standards (N.J.A.C. 5:21).
(2)
All off-street parking and drive aisles shall be located a minimum of 10 feet from buildings, except for parking and drive aisles which extend continuously into or under a building from outside the building.
(3)
All off-street parking and drive aisles shall be located a minimum of 10 feet from property lines.
(4)
Parking areas shall be prohibited within required front yards along Route 202 and, where provided in side yards, shall be separated from the right-of-way by a landscaped frontage buffer.
(5)
Under-building parking and parking garages shall be permitted, provided that same are oriented to the side or rear of the property and are not visible from the public right-of-way.
(7)
Off-street parking shall not be provided for any use or to any party other than a resident or visitor of the site, unless a shared parking arrangement has been approved by the reviewing board, nor shall parking areas be used for any purpose other than parking.
(8)
Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.
D.
Signage. Signage requirements for the Route 202 Overlay Zone shall be consistent with the signage requirements for the B-1 Zone, as set forth in XXVII, Signs.
E.
Historic preservation requirements. Development in any portion of the Route 202 Overlay Zone that is also situated within the Morris Canal in Montville Historic Overlay District shall adhere to the applicable Township regulations relating to historic preservation, including Chapter 8, Article V, Historic Preservation Review Commission, and Article XXV, Historic Districts and Historic Sites, of this chapter.
F.
General design standards.
(1)
Design: Building plans and elevations shall show a variation in design to be achieved by the types of roof, heights of eaves and peaks, building materials and architectural treatment of the building facade that is utilized. The following design standards shall be utilized:
(a)
Architectural elements such as varied roof forms, articulation of the facade, breaks in the roof, and walls with texture materials and ornamental details should be incorporated to add visual interest.
(b)
Roof height, pitch, ridgelines and roof materials should be varied to create visual interest and avoid repetition.
(c)
Architectural elements such as fenestrations and recessed planes should be incorporated into facade design. Architectural treatment shall be applied to all elevations of a building.
(d)
A variety of building colors, materials and textures are encouraged.
(e)
Architectural features that enhance the facade or building form, such as decorative moldings, windows, shutters, dormers, chimneys, balconies and railings, are encouraged.
(2)
Equipment: Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.
(3)
Accessory buildings and structures: All accessory buildings and structures shall be subject to the standards set forth at § 230-128A. Architectural design and materials used in the construction of accessory buildings and structures shall conform to those used in the construction of principal buildings.