Properties in the R-1A and R-1B Zones may be
developed only for townhouses and apartments subject to the following
requirements and limitations:
A.
In the R-1A District, at least 2/3 of the total number
of housing units shall be townhouses. The remaining 1/3, which shall
include required units intended for occupancy by low- and moderate-income
households, may be either townhouses or apartments.
B.
In the R-1B District, all housing units shall be townhouses,
except that housing units intended for occupancy by low- and moderate-income
households, may be either townhouses or apartments.
A.
Minimum lot area. There shall be a minimum lot area
of 20 acres.
C.
Controls on affordability. Any application for development in the R-1A and R-1B zones shall comply with the requirements of Article XXXIIIA, Affordable Housing.
[Amended 4-24-2018 by Ord. No. 865]
D.
Maximum coverage.
(1)
In the R-1A District, the total ground floor area
of all buildings shall not exceed 15% of the lot area of the development.
The total area of all impervious surfaces, including buildings, shall
not exceed 30% of the lot area of the development.
(2)
In the R-1B District, the total ground floor area
of all buildings shall not exceed 20% of the lot area of the development.
The total area of all impervious surfaces, including buildings, shall
not exceed 40% of the lot area of the development.
E.
Setback requirements. No building shall be located
within 50 feet of a public street or exterior property line of the
development nor within 60 feet of an R-81A, R-81 or R-40 Residence
District boundary. Notwithstanding the foregoing, no building need
be located more than 40 feet from a public park or other permanent
open space area nor within 20 feet of an internal roadway. In addition,
there shall be a minimum distance between buildings located on opposite
sides of an internal roadway of 75 feet.
F.
Distance between buildings. Minimum distances, as
specified below, shall be maintained between principal buildings as
follows:
|
Positions of Building Walls
|
Minimum Distance Between Buildings at
Any Point
(feet)
|
|---|---|
|
Front facing front
|
65
|
|
Front facing rear
|
65
|
|
Front facing side
|
65
|
|
Rear facing rear
|
50
|
|
Rear facing side
|
25
|
|
Side facing side
|
25
|
|
NOTES:
|
|---|
|
1. Not less than 50 feet of driveway is located
between buildings.
|
G.
Building requirements.
(1)
Height. No building structure shall exceed a height of three stories or 35 feet, whichever is the lesser. Notwithstanding the definition of "height of structure" in Article I of this chapter, for purposes of this section, "height" shall be the vertical distance from the average ground elevation around the foundation to the highest point of the structure. "Average elevation" shall be the average of the highest and lowest elevations along the finished grade of the building.
(2)
Length of building. No building shall exceed a length
of 160 feet.
(3)
Units per building. Buildings devoted exclusively
to townhouses shall contain no less than two nor more than eight dwelling
units. Buildings devoted exclusively to apartments shall contain no
less than four nor more than 16 dwelling units. Buildings devoted
to both townhouses and apartments shall contain no less than four
nor more than 12 dwelling units.
(4)
Dispersal of low- and moderate-income housing units.
Low- and moderate-income housing units shall be interspersed with
market-rate units both throughout a development and within individual
buildings. No building shall be devoted exclusively to low- and moderate-income
housing units. In buildings containing low- and moderate-income housing
units, not more than 75% of the total number of units or six units,
whichever is less, shall be low- and moderate-income housing units.
H.
Dwelling unit requirements.
(1)
No dwelling unit shall have a width of less than 20
feet.
(2)
For developments not restricted to senior citizens,
each dwelling unit shall contain, as a minimum, a separate living
room, a separate bedroom, a separate bath and a kitchen, which kitchen
facility shall be located separate and apart from other rooms in the
unit, with the exception of the dining room.
(3)
Buildings containing low- and moderate-income housing
units shall be aesthetically congruous with the surrounding area as
approved by the Planning Board, with the exteriors harmonizing architecturally
with and being constructed of materials of like character to those
used for other buildings in the development. All buildings shall be
constructed in accordance with the State Uniform Construction Code[1] and shall comply with other applicable state and municipal
requirements.
[1]
Editor's Note: See N.J.S.A. 5:23.
(4)
All developments that contain low- and moderate- income housing units shall comply with the guidelines and criteria for such units established in Article XXXIIIA.
[Amended 4-24-2018 by Ord. No. 865[2]]
[2]
Editor's Note: This article also repealed former Subsection
H(5), Distribution of low- and moderate-income units, and (6), which
required that lower-income units be interspersed with similar-type
housing, both of which immediately followed.
I.
Accessory buildings.
(1)
Setbacks. Accessory buildings shall meet the street,
property line and internal roadway setbacks of the principal building
and shall be at least 25 feet from a principal building and 15 feet
from another accessory building. Clubhouses, swimming pools and recreation
facilities shall be at least 50 feet from a principal building and
at least 100 feet from a property line.
(2)
Height. The maximum height of an accessory building
shall be 15 feet, except for clubhouses, which shall not exceed 28
feet in height.
(3)
Design. Architectural design and materials used in
the construction of accessory buildings shall conform to or complement
those used in the construction of principal buildings.
(4)
[3]
Editor’s Note: Former Subsection J, Initial pricing
of low- and moderate-income units; Subsection K, Range of affordability
for low- and moderate-income housing; Subsection L, Resale and rental
controls; and Subsection M, Occupancy selection and priorities, all
of which immediately followed, were repealed 4-24-2018 by Ord. No.
865.
A.
Certificates of occupancy and reoccupancy. No certificate
of occupancy for initial occupancy of a low- and moderate-income sales
unit shall be issued until a written determination has been made by
the Township that the unit is to be controlled by a deed restriction
and mortgage lien as required by the court or applicable state administrative
agency and approved by the Township Attorney. The Township shall make
such determination within 10 days of receipt of a proposed deed restriction
and mortgage lien. Amendments to the deed restriction and lien shall
be permitted only if they have been approved by the court or applicable
state administrative agency. A request for an amendment to the deed
restriction and lien may be made by the Township or a developer. No
certificate of occupancy shall be issued for a rental unit or project
unless a written determination has been made by the Township that
the property is to be controlled by a deed restriction in a form which
has been approved by the Township Attorney. A certificate of reoccupancy
shall be required for any occupancy of a low- and moderate-income
sales unit resulting from a resale and shall not be issued unless
a written determination has been made by the Township that the unit
is to be controlled by the deed restriction and mortgage lien required
by the court or applicable state administrative agency prior to the
issuance of a certificate of occupancy, unless amendments to the same
have been approved by the court or applicable state administrative
agency regardless of whether the sellers had executed the deed restriction
and mortgage lien required by the court or applicable state administrative
agency upon acquisition of the property. The Township shall make such
determination within 10 days of the receipt of a proposed deed restriction
and mortgage lien. All purchasers of low- and moderate-income sales
units shall be required to execute the deed restriction and mortgage
lien prior to the issuance of such certificate of reoccupancy. No
certificate of occupancy or reoccupancy for the sale, resale or rental
of a unit shall be issued unless the Township shall have certified,
in writing, that the resale or rental complies with the requirements
of these regulations and all applicable the court or applicable state
administrative agency regulations. The certificate of reoccupancy
shall not be required in sales for which controls are allowed to expire
or in which a repayment option is being exercised pursuant to § 102-177L(2)(k)[1][b].[1]
[Amended 4-24-2018 by Ord. No. 865]
B.
Waivers. In the event of a special hardship or in
the event that a minor technical modification of these regulations
is necessary to effectively implement the policies herein, the Township
may waive or modify these regulations relating to occupancy selection,
sale or resale prices, rent or rerental prices or income eligibility
standards, provided that such waiver or modification is consistent
with the intent of these regulations and does not violate any of the
requirements of the court or applicable state administrative agency,
including all statutes and regulations related thereto.
[Amended 4-24-2018 by Ord. No. 865]
C.
Other reporting requirements. Developers shall submit
quarterly reports to the Township detailing the number of low- and
moderate-income households who have signed leases or purchase agreements,
as well as the number who have taken occupancy or lower-income units,
including the household size, number of bedrooms in the unit, sales
price and monthly carrying cost or, in the case of rental units, the
monthly rental charges and utility costs.
[1]
Editor’s Note: Former § 102-180, Phasing, was repealed
4-24-2018 by Ord. No. 865.
A.
Applicability of development regulations to the R-1A and R-1B Zones. Unless otherwise specified herein, all other provisions and requirements of Chapter 102, Land Use, shall apply to all developments within the R-1A and R-1B Zones.[1]
[1]
Editor’s Note: Former Subsection B, Periodic review
for modification of standards, which immediately followed, was repealed
4-24-2018 by Ord. No. 865.
