Montville Township City Zoning Code
ARTICLE XXXIV
Inclusionary Townhouse/Multifamily Dwelling District
§ 230-264 Purpose.
The purpose of the TH/MFD Inclusionary Townhouse/Multifamily Dwelling District is to allow for inclusionary development on Block 81 Lot 7 in accordance with the Township's 2019 Housing Element and Fair Share Plan and the settlement agreement entered into between the Township and VL Associates on December 13, 2018, 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 district contemplates that the property, consisting of approximately 13.030 gross acres, will contain up to 70 townhouse and/or multifamily dwelling units, including 14 low- and moderate-income units.
§ 230-265 Permitted uses.
B.
Accessory uses. The following accessory uses are permitted in the TH/MFD Zone:
(1)
Private garages and driveways.
(2)
Off-street parking lots.
(3)
Fences and walls.
(4)
Signs.
(5)
Storage sheds.
(6)
Buildings for storage of maintenance equipment.
(7)
Private recreation buildings and facilities, including swimming pools, intended for use by residents of the premises.
(9)
Trash and recycling facilities intended for use by residents of the premises, as regulated at § 230-87.
(10)
Other accessory uses normally incidental to the principal permitted use.
§ 230-266 Affordable housing requirements.
A.
Inclusionary townhouse developments constructed in the TH/MFD Zone 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 TH/MFD Zone:
(a)
Fifty percent of all low- and moderate-income units shall be two-bedroom units (which equates to seven two-bedroom units); and
(b)
Fifty percent of all low- and moderate-income units shall be three-bedroom units (which equates to seven 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: The developer 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. The developer 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.
§ 230-267 Development standards.
A.
Area and bulk requirements. The following area and bulk standards shall apply to development in the TH/MFD Zone:
Requirement | TH/MFD Zone |
|---|---|
Minimum lot area | 10 acres |
Maximum density | 5.5 units per acrea |
Minimum yard setbacks: | |
Front yard (from any building to front lot line of tract) | 100 feet |
Side yard (from any building to each side lot line of tract) | 25 feet |
Rear yard (from any building to rear lot line of tract) | 25 feet |
Maximum building height | 45 feet/3 stories |
Maximum building coverage | 35% |
Maximum impervious coverage | 50% |
Minimum open space | 45% |
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. However, in no event shall the total number of units to be produced in the TH/MFD Zone exceed 70 units. |
B.
Supplemental requirements. In addition to the area and bulk requirements set forth at Subsection A above, the following supplemental requirements shall apply to development in the TH/MFD Zone. The requirements for townhouse development at § 230-144 shall not apply.
(1)
Setback requirements. No building shall be located within 18 feet of a private street or internal roadway.
(2)
Distance between buildings. There shall be a minimum distance between buildings containing townhouses and/or multifamily dwellings of 20 feet, except as otherwise set forth below. The minimum distance shall be increased to at least 50 feet if a driveway is located between buildings.
(3)
Building requirements.
(a)
Notwithstanding anything to the contrary in § 230-127, more than one principal building may be erected on a lot in the TH/MFD Zone.
(b)
No building shall contain more than 22 townhouse and/or multifamily dwelling units, and in no event shall the length of any building exceed 275 feet.
(c)
Building plans and elevations shall show a variation in design to be achieved by types of roofs, heights of eaves and peaks, building materials and architectural treatment of the building facade.
(d)
For buildings with more than three attached multifamily or townhouse units, no more than three contiguous units shall have the same front facade plane. A minimum three-foot offset variation in front facade plane shall be provided between groupings within the same structure.
(e)
Fire separation walls shall be constructed between adjoining townhouse and/or multifamily units as required by the requirements of the NJ Uniform Construction Code, N.J.A.C. 5:23 and the NJ Uniform Fire Code N.J.A.C. 5:71.
(4)
Townhouse dwelling unit requirements.
(a)
Each townhouse dwelling unit shall contain, as a minimum, a separate living room, a separate bedroom, a separate bath, a basement or cellar for storage and utilities, an enclosed garage and a separate kitchen, which kitchen facility shall be located separate and apart from other rooms in the unit, with the exception of the dining room.
(b)
Each townhouse dwelling unit shall have a minimum floor area, exclusive of attic, basement and cellar floors, of 600 square feet, plus 200 square feet for each habitable room other than a living room, dining room or kitchen.
(c)
No room within the townhouse dwelling unit intended for human habitation shall be located in a cellar, basement or attic, except that a cellar or basement may contain a family room or recreation room.
(d)
Each townhouse dwelling unit shall have individual private outside front and rear entrances.
(e)
Each townhouse dwelling unit shall contain its own heating plant and system and shall constitute a separate, independent unit for metering and all other purposes with respect to all required utilities and similar conveniences. No central or common laundry or similar facilities intended for two or more dwelling units shall be permitted in a townhouse development.
(f)
Decks, porches, elevated patios, and like constructions shall be permitted to be attached to townhouse dwelling units, provided that same are located minimally 15 feet from any property line, and further provided that same comply with the minimum distance between buildings at Subsection B(2) above.
(5)
Accessory buildings.
(a)
Accessory buildings shall meet the street and property line setback requirements of principal buildings and shall be at least 50 feet from a principal building. Clubhouses, swimming pools and recreational facilities shall be at least 50 feet from a principal building.
(b)
All individual units shall be permitted to have accessory storage sheds and/or like accessory buildings for the storage of outdoor equipment, bicycles, tools, etc.
(c)
The maximum height of an accessory building shall be 16 feet.
(d)
Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.
(6)
Open space. Exclusive of internal roadways and parking areas, there shall be provided a minimum of 45% of the entire tract for common open space and facilities.
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 spaces and internal roadways/drive aisles shall be located a minimum of 10 feet from buildings, except for parking garages within or under a building and driveways serving such garages.
(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 the required front yard along Route 202/Main Road.
(6)
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.
(7)
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 TH/MFD Zone shall be consistent with the signage requirements for the AH Zone Districts, as set forth in Article XXVII, Signs.