Township of Hanover, NJ Article XXIX R-M Residential-Multifamily District

§ 166-177 Primary intended use.

[Amended 6-13-1996 by Ord. No. 6-96]

This R-M Residential-Multifamily Zone District is designed to accommodate various types of residential units, including single-family detached, two-family dwellings, single-family attached (townhouses), multifamily dwellings (garden apartments) at a gross density of 13 dwelling units per acre, conditioned upon the provision of a twenty-two-percent set-aside for low- and moderate-income housing units. In the event that an owner shall seek to develop at a gross density of less than 13 dwelling units per acre, the owner or developer seeking to so develop shall be required to provide the same number of low- and moderate-income units as if the land were developed on the basis of 13 units per acre with a twenty-two-percent set-aside for low- and moderate-income units unless the Planning Board shall grant a variance to this requirement. This zone was created for the purposes of settlement of Morris County Fair Housing Council v. Township of Boonton L-6001-78 P.W. insofar as the case involves the Township of Hanover. Community residences for the developmentally disabled or mentally ill persons, community shelters for victims of domestic violence, and community residences for persons with head injuries are also permitted, subject to the same regulations applicable to the type of building containing such residence or shelter in the district. In the event that there is any conflict between the standards established for this R-M Zone and other sections of this chapter not related to health and safety, the standards as set forth herein shall prevail.

§ 166-178 Accessory uses.

A. Also permitted in this zone are accessory uses customarily incident and ancillary to the various permitted principal uses outlined above. These accessory uses may include:

(1) Personal recreation facilities.

(2) Accessory buildings.

(3) Off-street parking, streets and driveways.

(4) Garages.

(5) Fences.

(6) Signs.

B. All fences and signs shall be subject to § 166-138.2 and Planning Board approval as to design and height.

[Amended 10-9-2014 by Ord. No. 38-14]

§ 166-179 Prohibited uses.

Any use other than those uses listed in § 166-177 above is prohibited.

§ 166-180 Required conditions.

The following requirements must be complied with in the R-M Zone:

A. Height. No single-family detached, single-family attached nor two-family dwelling shall exceed 2 1/2 stories; provided, however, that said building is not higher than 35 feet. No multifamily apartment building for other than senior citizens shall exceed three stories; provided, however, that said building is not higher than 40 feet, and no multifamily apartment building for senior citizens shall exceed four stories; provided, however, that said senior citizen building is not higher than 45 feet.

B. Bulk requirements for individual lots. The following bulk requirements shall be complied with for individual lots:

(1) Front yard. There shall be a front yard setback of 25 feet for single-family detached dwellings, two-family dwellings and single-family attached dwellings. There shall be a front yard setback for multifamily dwellings of 30 feet.

(2) Side yards. There shall be two side yards, and no side yard shall be less than six feet; provided, however, that the aggregate width of the two side yards combined shall not be less than 20 feet for all structures.

(3) Rear yard. There shall be a rear yard setback of 20 feet for all structures.

(4) Minimum lot size. Every individual lot developed with a single-family detached dwelling shall have a minimum lot size of 5,000 square feet with a minimum lot width of 50 feet. Every individual lot developed with a two-family dwelling shall have a minimum lot size of 6,000 square feet with a minimum lot width of 60 feet.

C. Maximum gross density. The maximum gross density for any project shall be 13 dwelling units per acre; provided, however, that any project that contains senior citizen dwelling units for low- and moderate-income households shall be permitted to increase the maximum gross density throughout the project by 0.02 dwelling unit per acre for each low- and moderate-income senior citizen dwelling unit constructed up to a maximum gross density of 14 dwelling units per acre. In the event that an owner develops at a gross density of less than 13 dwelling units per acre, he shall be required to still provide the number of low- and moderate-income units as hereinafter set forth in Subsection M(1) of this section. For the purpose of administering this section, any project that is traversed by an existing public street, resulting in parts of said project being located on two or more separate parcels of land, shall be construed as one project, and all density and set-aside requirements shall be calculated on the basis of lands contained within the entire project.

D. Building coverage. Not more than 30% of the land area of any lot shall be covered by any buildings.

E. Usable open space. There shall be usable open space for single-family attached and multifamily dwellings of not less than 20%, which shall be exclusive of roads, parking areas, buffers, walkways and buildings.

F. Minimum setbacks. There shall be a minimum setback of 25 feet from any internal roadway and 10 feet from any driveway or parking area and 20 feet from any other property line.

G. Minimum distance between buildings. No building shall be closer to another building than 20 feet.

H. Exterior access. No dwelling unit above the first floor shall have its sole access directly to the outside of the building via an open porch or stairway.

I. Minimum tract size. No development project shall be permitted on a tract of less than 10 acres; provided, however, that any development project that is traversed by an existing public street, resulting in parts of the project being located on two or more separate parcels of land, shall be construed as one project for the purpose of meeting this ten-acre minimum tract size requirement.

J. Recreation. All developments of between 10 and 50 dwelling units shall provide 250 square feet of land per unit, which shall be in a usable configuration for play lots, or a shaded area for the elderly or other space for recreation which is appropriate for that development. Developments of larger than 50 units shall provide for an additional 20 square feet per unit above 50 units for such purposes. In large developments, such space shall be subdivided into two or more usable areas, distributed throughout the development so as to be convenient to residents.

K. Off-street parking. Off-street parking shall be provided to meet the following standards:

(1) Every dwelling unit containing at least three bedrooms: 2.0 parking spaces.

(2) Every dwelling unit containing at least two bedrooms: 1.75 parking spaces.

(3) Every dwelling unit containing less than two bedrooms: 1.5 parking spaces.

L. Street widths, shoulders, rights-of-way. Street widths, shoulders and rights-of-way shall meet the following minimum standards:

(1) Paved street widths.

(a) Collector streets. All collector streets shall have a pavement width of 36 feet between a masonry curb of at least six inches in height constructed on both sides of the street.

(b) Minor streets. All internal streets shall have a pavement width of 22 feet between a battered curb of at least six inches in height constructed on both sides of the street; provided, however, that culs-de-sac less than 300 feet in length need not be wider than 20 feet between curbs.

(2) Shoulders. A planted shoulder of at least 8 1/2 feet shall be provided on either side of the paved roadway.

(3) Rights-of-way. The total right-of-way to be reserved shall be computed by adding the shoulder requirement to the paved roadway width required.

(4) Road gradients. Road gradients shall not be less than 0.5% for any road. The maximum gradient shall be 15% for minor streets and 10% for collector streets.

(5) Culs-de-sac. Culs-de-sac shall serve a maximum of 25 units or shall not be longer than 1,000 feet, whichever is less. The paved right-of-way of a cul-de-sac turnaround shall be at least 80 feet in diameter, and the right-of-way radius shall not be less than 50 feet.

M. Low- and moderate-income housing requirements.

(1) At least 11% of the maximum total number of residential dwelling units permitted within each development in the R-M Zone shall be made affordable and sold or rented to low-income persons, and 11% of the maximum total number of residential dwelling units permitted within each development in the R-M Zone shall be made affordable and sold or rented to moderate-income persons. For the purpose of administering this provision, the maximum total number of residential dwelling units permitted shall be determined by multiplying the total gross acreage of the tract by 13.

(2) All low- and moderate-income housing units shall comply with the following housing standards:

[Amended 12-26-1985 by Ord. No. 31-85; 12-9-1999 by Ord. No. 28-99]

(a) Bedroom distribution. The number of bedrooms in affordable units shall be in accordance with N.J.A.C. 5:93-7.3.

(b) Minimum unit floor area. Each unit shall contain a minimum floor area in accordance with the following schedule:

[1] Efficiency units: 550 square feet.

[2] One-bedroom units: 600 square feet.

[3] Two-bedroom units: 750 square feet.

[4] Three-bedroom units: 950 square feet.

(c) Unit maximum occupancy restrictions. The occupancy of each unit shall be in accordance with the following schedule (habitable rooms and habitable floor areas do not include attic, basement or garage areas or toilet compartments):

[1] Efficiency units: 2 persons.

[2] One-or-more-bedroom units: one person per habitable room.

[3] All units: one person for the first 150 square feet of habitable floor area, plus one additional person for each additional 100 square feet of habitable floor area.

[4] All units: one person for the first 70 square feet of bedroom floor area, plus one additional person for each additional 50 square feet of bedroom floor area.

(d) Notwithstanding the foregoing Subsection M(2)(c), and in case of conflict, low- and moderate-income households will generally be referred to available housing units using the following standards for occupancy:

[1] A maximum of two persons per bedroom.

[2] Children of the same sex in the same bedroom.

[3] Unrelated adults or persons of the opposite sex other than husband and wife in separate bedrooms.

[4] Children not in the same bedroom with parents.

(e) Each dwelling unit shall either be provided with a clothes washer and dryer or else the plumbing and electric connections shall be installed by the developer for the ready connection of said washers and dryers by the occupants of the housing units; provided, however, that in senior citizen mid-rise buildings, washers and dryers shall be provided in common areas.

(f) Low- and moderate-income units shall utilize the same heating source as market units within the same development.

(3) The developer shall agree to not impose any residency requirements upon prospective renters or purchasers of any low- or moderate-income housing units. The developer shall agree to not impose age requirements upon occupants of low- and moderate-income housing units, except that in units designated by the Planning Board as senior citizen units, which shall include a total of no more than 25 low-income housing units and 25 moderate-income units constructed in the R-M Zone pursuant to this chapter, the developer may be required to restrict sale or rental to eligible low- or moderate-income households comprised of persons over the age of 62 years.

[Amended 12-9-1999 by Ord. No. 28-99]

(4) Affirmative marketing. The developer shall prepare and submit an affirmative marketing plan consistent with Subchapter 11 of the Substantive Rules of the New Jersey Council on Affordable Housing (N.J.A.C. 5:93-11), and as provided herein. The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer or sponsor of affordable housing. The plan is a continuing program and covers the period of deed restriction for affordability controls.

[Amended 12-9-1999 by Ord. No. 28-99]

(a) Administration responsibility. A Housing Committee, consisting of the Township's Business Administrator, Executive Assistant and Assistant to the Business Administrator, shall have the responsibility of administering the affirmative marketing plan.

(b) Contents of plan. The affirmative marketing plan shall include the information required by N.J.A.C. 5:93-11.1(b).

(c) Advertising program details. The advertising program shall be designed to reach all segments of the eligible population within the housing region. The plan shall describe the media to be used in advertising and publicizing the availability of housing and shall include the information required by N.J.A.C. 5:93-11.3(b).

(d) Marketing process. The marketing process for available low- and moderate-income housing units shall begin at least four months prior to expected occupancy. In implementing the marketing program, there shall be at least one paid advertisement in a newspaper of general circulation within the housing region during the first week of the marketing program. Such advertisement shall include the information required by N.J.A.C. 5:93-11.3(c).

(e) Application forms. Applications for low- and moderate-income housing units shall be available in several convenient locations, including, at a minimum, the Township Municipal Building, the Whippanong Library and at the developer's sales office. Applications shall be mailed to prospective applicants upon request.

(f) Advertising cost responsibility. The cost for advertising low- and moderate-income housing units shall be the developer's responsibility.

(g) Marketing for initial sales and rental. Marketing for the initial sales and/or rental of low- and moderate-income housing units shall be in accordance with N.J.A.C 5:93-11.4, which establishes the procedures to be followed in screening applicants and verifying incomes.

(h) Continuing marketing activities. Marketing activities to ensure a current pool of income-eligible applicants shall continue following completion of initial occupancy. Such activities shall be in accordance with the provisions of N.J.A.C. 5:93-11.5.

(i) Monitoring and reporting requirements. The affirmative marketing activities shall be monitored and evaluation reports filed with the New Jersey Council on Affordable Housing in accordance with the provisions of N.J.A.C. 5:93-11.6.

(5) Phasing schedule.

(a) The developer shall submit a phasing schedule for the construction of low- and moderate-income units. The phasing schedule shall provide that the number of low-income units constructed in each phase shall be approximately equal to the number of moderate-income units constructed in that phase. The developer may construct the first 20% of the market-rate units in the development before constructing any low- and moderate-income units. By the time 40% of the market-rate units have been constructed, at least 20% of the lower-income units must be constructed and sold or rented to lower-income households. No certificates of occupancy may be issued for market-rate units in excess of 20% of all market-rate units in the development until such sales or rentals have taken place.

(b) By the time 60% of the market-rate units have been constructed, at least 40% of the lower income units must be constructed and sold or rented to lower-income households. No certificates of occupancy may be issued for market-rate units in excess of 40% of all market-rate units in the development until such sales or rentals have taken place.

(c) By the time 80% of the market-rate units have been constructed, at least seventy percent 70% of the lower-income units must be constructed and sold or rented to lower-income households. No certificate of occupancy shall be issued for market-rate units in excess of 60% of all market-rate units in the development until such sales or rentals have taken place.

(d) By the time 100% of the market-rate units have been constructed, 100% of the lower-income units must be constructed and sold or rented to lower-income households. No certificates of occupancy shall be issued for market-rate units in excess of 80% of all market-rate units in the development until such sales or rentals have taken place.

(6) Continuing controls on affordability. The developer shall submit a plan for controls on affordability in accordance with N.J.A.C. 5:93-9 to provide assurances that low- and moderate-income housing units remain affordable over time and that such units are occupied by low- and moderate-income households. The following provisions shall apply:

[Amended 12-9-1999 by Ord. No. 28-99]

(a) Administration responsibility. A Housing Committee, consisting of the Township's Business Administrator, Executive Assistant and Assistant to the Business Administrator, shall have the responsibility of administering the affordability controls.

(b) Income verification and certification shall follow the procedures set forth in N.J.A.C. 5:93-9-1.

(c) The length of affordability controls shall be as set forth in N.J.A.C. 5:93-9.2 and shall be for a period of at least 30 years for new housing units.

(d) All affordable housing units shall be controlled by a deed restriction and mortgage lien in a form approved by the New Jersey Council on Affordable Housing, and in accordance with the rules in N.J.A.C. 5:93-9. Furthermore, the deed restriction shall include provisions requiring the payment of a fee in accordance with Subsection M(6)(f) below.

(e) Initial rent and sales prices shall be in accordance with N.J.A.C. 5:93-7.4. Thereafter, rent and sales prices shall be in accordance with N.J.A.C. 5:93-9.

(f) To assist the Township in defraying any and all administrative costs associated with the Township's Affordable Housing Program, the seller of a low- or moderate-income housing unit shall pay the Administrative Agent for the Township the sum of 1.25% of the sale price upon resale of the unit.

[Amended 12-13-2018 by Ord. No. 44-18]

(7) A developer in the R-M Zone may request the Planning Board and/or the Township to further increase densities, to waive or modify cost-generating requirements in the Zoning, Subdivision or Site Plan Ordinance,[1] to waive or reduce fees or to grant tax abatement to the extent authorized by law if the developer determines that such actions are necessary to provide the twenty-two-percent low- and moderate-income housing. A developer may choose one of three impartial housing experts from a list prepared by the Planning Board and may have the expert make recommendations, at the expense of the developer, on the necessity for the proposed waivers, modifications or other actions. The expert shall also consider whether the requirements for which the waiver or modification is sought are necessary minimum standards required for public health and safety. In the event that the expert determines that, even after full municipal cooperation, it is not economically feasible for the developer to provide the full amount of affordable low- and moderate-income units as herein defined, the expert may recommend that the developer provide 13% moderate-income and 9% low-income units. Such a modification in the low and moderate obligation shall not be approved unless the expert determines that the Township has substantially complied with his recommendations for municipal actions to reduce costs. In the event that the Planning Board declines to accept one or more of the recommendations of the expert, it shall detail its reasons in writing.

[1] Editor's Note: See Parts 4 and 5 of this chapter.

(8) Upon the construction of 250 units of affordable low- and moderate-income households pursuant to this section, the Planning Board, in its discretion, may refuse to consider further applications for site plan approval for townhouses or garden apartments.

N. Application fee. Every application for development within the R-M Residential-Multifamily District shall be accompanied by a site plan fee as set forth in Article VII, Fees, under § 166-48A(1)(b)[2][b].

O. Recycling plan. Every housing development project that takes place in the R-M Zone shall make provision for a recycling area on site that complies with those provisions as set forth in §§ 166-86 and 166-92E.

[Added 8-11-1988 by Ord. No. 19-88]