Article XXVIII AH Affordable Housing Zone, TH-1 Townhouse Zone 1, AHO-1 Affordable Housing Overlay Zone 1 and AHO-2 Affordable Housing Overlay Zone 2

Garages and off-street parking facilities.

Administrative offices for an on-site resident superintendent, property manager, or Township personnel.

Sewage treatment facilities, including one or more pumping stations serving the principal use.

Storage and maintenance areas or buildings.

§ 225-137 Density and bulk regulations: AH Affordable Housing Zone.

Storage areas for solid waste and recycling.

Maximum gross residential density: four units per acre.

Minimum open space: 20% of the site area.

Maximum height of all principal structures: 35 feet.

Maximum height of detached accessory structures: 25 feet.

Setbacks. No structure shall be located within 50 feet of a public road right-of-way line, an adjoining residential lot or residential zoning district.

Minimum frontage on a public road: 50 feet.

Minimum distance between principal buildings: 20 feet, except that the distance may be reduced by the Planning Board in connection with site plan approval in cases where buildings are at angles to one another.

Minimum distance between principal and accessory buildings: 15 feet.

Maximum number of units per building: eight units.

Off-street parking. Off-street parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards.

Bedroom distribution. Affordable housing shall be designed so as to incorporate the following bedroom distribution:

The combination of efficiency and one-bedroom units shall be at least 10% but not more than 20% of the total number of affordable units.

At least 30% of all affordable units shall contain two bedrooms.

At least 20% of all affordable units shall contain three bedrooms.

§ 225-137.1 Use regulations: TH-1 Townhouse Zone 1.

In determining bedroom distribution, fractions shall be rounded to the nearest whole number.

No building, structure or premises shall be used, erected or altered except for the following principal and accessory uses:

Principal permitted use: A maximum ninety-six-unit inclusionary development shall be permitted. The market rate units shall be single-family, twin house and/or townhouse dwellings as defined in § 225-5, Definitions, of the Township land development ordinance. The affordable units may be permitted as either townhouses or stacked flats. A residential dwelling in a townhouse or multifamily structure may include an on-site resident manager. All dwellings shall be designed as complete individual living units containing a kitchen, at least one full bathroom and the bedroom mix in accordance with these regulations. Sixteen dwelling units shall be designated as affordable housing units and shall comply with the affordable housing regulations set forth in this chapter, including any supplemental regulations and requirements. The affordable units may be for sale or rental and shall be integrated into the development as stacked flats as generally reflected on the concept plan which is attached to the executed first amended and restated settlement agreement as Exhibit A.

Accessory uses permitted:

Garages and off-street parking facilities.

Administrative offices for an on-site resident superintendent, property manager, or Township personnel.

Sewage treatment or conveyance facilities, as appropriate, including one or more pumping stations serving the principal use.

Storage and maintenance areas or buildings.

Storage areas for solid waste and recycling.

§ 225-137.2 Density and bulk regulations: TH-1 Townhouse Zone 1.

Other uses customarily incidental and accessory to the principal use such as fencing and signs.

Steep slopes. The provisions of Article XVIII, Steep Slopes, do not apply in the TH-1 Townhouse Zone 1.

A maximum of 96 units, of which 16 units shall be affordable.

Minimum open space: 20%.

Maximum height of all principal structures: 45 feet/three stories.

Maximum height of detached accessory structures: 15 feet, except that a community center for the development may have a maximum height of 25 feet.

Maximum impervious coverage: 55%.

Building setbacks: Minimum perimeter setback shall be 20 feet, except that any setback to a municipal boundary may be reduced to 10 feet.

Minimum distance between principal and accessory buildings: 15 feet.

Maximum number of units per building and building length: 10 units with a maximum building length of 192 feet.

Off-street parking. Off-street parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards.

Landscaping buffers: Minimum perimeter landscape buffer is five feet, except that it shall be 10 feet when adjacent to a single-family use or zone.

There shall be no means of ingress or egress to or from Blackwell Avenue or to and from Sand Spring Road.

Affordability controls:

All affordable units shall include the required bedroom distribution and be governed by controls on affordability and affirmatively marketed in conformance with the UHAC regulations or any successor regulation, with the exception that in lieu of 10% of affordable units in rental projects being required to be at 35% of median income, 13% of affordable units in such projects shall be required to be at 30% of median income, and all other applicable law.

Each affordable unit created in this zone shall remain subject to affordability controls for a period of at least 30 years from the date that a certificate of occupancy is issued for each of the affordable units and in accordance with applicable law, pursuant to the terms of the UHAC compliant deed restriction(s) to be filed for such units in the form approved by the Township of Harding's Administrative Agent.

Concept plan: The site plan shall be generally consistent with the concept plan attached as Exhibit A to the first amended and restated settlement agreement, dated February 12, 2018, by and between the Township of Harding and S/K Mt. Kemble Associates, LLC.[1]

§ 225-137.3 AH-MF-1 Affordable Housing Multifamily-1.

Editor's Note: Said documents are on file in the Township offices.

[Added 3-9-2026 by Ord. No. 06-2026]

Applicability. The use, bulk, design and performance standards of the AH-MF-1 Zone shall supersede the existing zoning provisions of the Harding Township Land Use Ordinance Chapter 225. However, where the regulations and standards of the AH-MF-1 Zone are silent, the standards of Chapter 225 shall apply.

Permitted principal uses.

Multifamily rental apartments, including supportive housing. There is no limit on the number of buildings that may be constructed.

Permitted accessory uses.

Active and passive common recreational facilities.

Administrative or maintenance office.

Fences and walls.

Off-street parking.

Open space.

Signs.

Site furnishings (seating, trash and recycling enclosures, site lighting, etc.).

(8)

Storage and maintenance areas or buildings.

(9)

Stormwater management facilities.

(10)

Utility infrastructure.

Area and yard requirements. This applies to principal and accessory buildings and structures, except as indicated and, as such, shall supersede § 225-116D and G.

Minimum tract area: The entirety of Block 1, Lot 10.

Maximum building height: 50 feet and three stories.

Minimum front yard setback: 20 feet.

Minimum setback for all other yards: 50 feet.

Maximum impervious coverage: 55%.

Minimum planted buffer width to single-family residential zone or use: 30 feet.

Off-street parking.

Minimum off-street parking: 1.5 spaces per dwelling unit.

Minimum front yard setback: 15 feet.

Minimum setback for all other yards: 50 feet.

Lighting.

Lighting shall comply with Chapter 225 Article XVI § 225-85 Lighting.

Lighting shall comply with Chapter 233 Lighting, Exterior.

Signs.

All signs shall comply with Chapter 225 Article XXIII Signs.

Exemptions.

Pursuant to N.J.A.C. 5:97-10 municipalities should strive to eliminate unnecessary cost-generative requirements in the development of affordable housing. Development within this Zone shall be exempt from the following regulations:

§ 225-116M, tree conservation.

§ 225-116O, dry well requirements.

Affordable housing.

Minimum number of affordable dwelling units: 54.

Minimum number of affordable dwellings available to families for rent (non-age- restricted): 40.

Minimum number of supportive units: five.

No less than 20% of family rental units shall be three-bedroom units.

Affordable units shall meet the Township's affordable housing requirements and the NJ Fair Housing Act (N.J.S.A. 52:27D-301 et seq.). Compliance with the Uniform Housing Affordability Control rules ("UHAC"; N.J.A.C. 5:80-26.1 et seq.) shall be required unless exempt pursuant to N.J.A.C. 5:80-26.1, including but not limited to developments with anticipated funding from the Federal Low-Income Housing Tax Credit (LIHTC) pursuant to Section 42 of the Internal Revenue Code. Notwithstanding any exemption from UHAC, the affordable units shall meet the bedroom and income distribution requirements (N.J.A.C. 5:80-26.4) and occupancy standards (N.J.A.C. 5:80-26.5). The developer shall be responsible for administration and affirmative marketing of the affordable units.

§ 225-138 AHO-1 Affordable Housing Overlay 1 Zone.

Initial affordability controls for all affordable units shall be no less than 40 years.

[Added 1-28-2019 by Ord. No. 05-19;[1] amended 8-12-2019 by Ord. No. 14-19]

Purpose. The purpose of the AHO-1 Affordable Housing Overlay 1 Zone is to permit the construction of special needs housing on Block 46.01, Lot 7, in the B-2 Business Zone. This implements a portion of the Township's adopted Housing Element/Fair Share Plan. The underlying zoning remains in effect and any use permitted in the B-2 Zone continues to be permitted.

Principal permitted use. No building, structure or premises shall be used, erected or altered except for the following principal and accessory uses: income-restricted special needs housing. The underlying B-2 uses continue to be permitted.

Accessory uses permitted.

Garages and off-street parking facilities.

Administrative offices for an on-site resident superintendent, property manager, or Township personnel.

Sewage treatment or conveyance facilities, as appropriate, including one or more pumping stations serving the principal use.

Storage and maintenance areas or buildings.

Storage areas for solid waste and recycling.

Other uses customarily incidental and accessory to the principal use, such as fencing and signs.

Bulk and supplementary regulations. The B-2 bulk regulations in §§ 225-146 and 225-147 shall apply, except that the minimum side yard setback shall be 30 feet and the minimum rear yard setback shall be 50 feet.

§ 225-139 AHO-2 Affordable Housing Overlay 2 Zone.

Editor's Note: This ordinance also repealed former § 225-138, Affordable housing regulations.

[Added 1-28-2019 by Ord. No. 05-19[1]; amended 12-9-2024 by Ord. No. 27-2024; 11-10-2025 by Ord. No. 09-2025; 2-9-2026 by Ord. No. 01-2026]

Purpose. The purpose of the AHO-2 Affordable Housing Overlay 2 Zone is to provide mechanisms for partially addressing the Township's affordable housing obligation consistent with the adopted Housing Element/Fair Share Plan. The overlay zone permits inclusionary residential and mixed-use development with a 20% affordable housing set-aside in the southern portion of the B-2 Business Zone, OB Office Building Zone, and R-1 Residence Zone along Route 202/Mount Kemble Avenue. The underlying zoning remains in effect and any use permitted in the underlying zones continues to be permitted. The properties subject to the AHO-2 Affordable Housing Overlay 2 Zone are shown on the amended Zoning Map of the Township of Harding. No building, structure or premises shall be used, erected or altered except for the principal and accessory uses found herein.

Principal permitted uses. All development shall be subject to the density provisions of this section. Sites may develop with or without a commercial component. Sites may be developed with multiple principal buildings and permitted uses on one lot.

Mixed-use inclusionary development consisting of commercial uses permitted by B-2 Business Zone and multifamily residential. Sites may be developed with commercial and residential in the same building or in separate/multiple buildings on site. The sites may be developed through adaptive reuse of the existing buildings, adaptive reuse and expansion of existing buildings, or the demolition and construction of new buildings.

Townhouses;

Stacked townhouses i.e. interlocking multi-level multi-family dwelling units such that a unit may be situated partially or wholly above or below another similar unit. No more than four such units may be included in a building between two party walls which extend from the foundations to and through the roof.

Multi-family residential without a commercial component for the blocks and lots identified in Subsection D(1).

Accessory uses permitted.

Garages and off-street parking facilities.

Administrative offices for an on-site resident superintendent, property manager, or Township personnel.

Sewage treatment or conveyance facilities, as appropriate, including one or more pumping stations serving the principal use(s).

Storage and maintenance areas or buildings.

Storage areas for solid waste and recycling.

Other uses customarily incidental and accessory to the principal use(s), such as fencing and signs.

Maximum residential densities.

The following blocks and lots may be developed at a maximum density of six units per acre for lots under two acres; eight units per acre for existing lots or assembled lots that are parcels two acres or more in size:

Block 32, Lots 1.02, 4, 9.01 and 9.02;

Block 46.01, Lots 8 and 9.01;

Block 33.03, Lots 3.02, 4, 8, 18, and 19.

The blocks and lots identified in subsection D(1) may be developed at a maximum density of 10 units per acre if the following standards are met:

The lot or assembled lots have an area of two acres or greater; and

The development will utilize an on-site package treatment facility for wastewater treatment and not public sewer.

Block 46.01 Lot 10 and Block 46.01 Lot 13.02 may be developed at a maximum density of eight units per acre for for-sale projects or 10 units per acre for rental projects:

Eight units per acre for for-sale units (inclusive of an affordable housing set-aside of at least 20%)

Notwithstanding the foregoing, a density of 8.2 units per acre shall be permitted for for-sale units if:

At least one full unit of additional affordable housing is proposed in excess of the minimally required 20% set-aside (which includes rounding up of fractional units) for projects consisting of less than eight acres; or

[2]

At least two full units of additional affordable housing is proposed in excess of the minimally required 20% set-aside (which includes rounding up of fractional units) for projects consisting of eight acres or more.

[3]

This density enhancement shall not be triggered by fractional units.

Ten units per acre for entirely rental projects (i.e. projects that are rental for both the market rate and affordable).

Block 46.01, Lot 9 may be developed at a maximum density of 11.8 units per acre for for-sale units, which when combined with Block 46.01, Lot 10 shall yield no more than 10 total units per acre, if at least one full unit of additional affordable housing is proposed on Block 46.01, Lot 9 in excess of the minimally required 20% set-aside (which includes rounding up of fractional units).

Bulk regulations.

Minimum lot size: 40,000 square feet.

Minimum lot width: 140 feet.

Maximum building height:

Properties with frontage along the east side of Route 202: three stories and 44 feet above mean finished grade.

Properties with frontage along the west side of Route 202: three stories and 37.5 feet above mean finished grade.

Minimum setbacks: 50 feet from any front lot line and 30 feet from any other lot line.

Maximum total lot coverage: 55%.

Affordable housing requirements. An affordable housing set-aside of 20% for all sales and rental projects is required.

Supplemental standards for the AHO-2 Zone.

Section 225-147, Supplementary standards, for the B-2 Zone shall apply. Should conflict occur between § 225-147 and this section, this section shall govern.

Berming shall be required for development along the east side of Route 202 that does not include a commercial component. Berms must be:

A minimum of five feet in height measured from the internal development elevation and shall be planted with a mixture of trees and shrubs so as to create the maximum visual screen along the frontage.

Sidewalks shall be provided on at least one side of all internal roadways.

All internal lighting shall be pursuant to Harding's light standards, with the exceptions that LED bulbs are permitted, and light temperatures (Kelvin) shall be 2700K. Township standards are found at § 225-85 and Chapter 223 and require light fixtures used on individual units to be designed to direct the light down and shielded to prevent glare. Therefore, all internal street lighting shall be provided via bollard lights. If bollard lighting is proven not to meet minimum safety and emergency requirements and/or the illumination standards of this chapter or the State, other lighting styles designed to shield against glare shall be permitted pending approval by the Planning Board at the time of site plan review.

The components of subsurface wastewater treatment and disposal systems as well as stormwater management improvements (and associated retaining walls) and utilities may be located within the setbacks.

Above-ground buildings associated with subsurface wastewater treatment and disposal systems:

Shall be located a minimum of 50 feet from all property lines.

Shall be designed to be architecturally compatible with the proposed development, including but not limited to exterior materials, colors, and lighting fixtures.

Shall not be taller than 25 feet in height.

(d)

For development on the east side of Route 202, such above-ground buildings may be located within the front yard setbacks of the Interstate 287 frontage.

(e)

Developments on either side of Route 202 may locate such buildings in side or rear yards. Such buildings shall never be located within the Route 202 setback requirements and shall not be placed between the front of a principal building and Route 202.

(f)

Landscaping shall be planted around the building to contribute to its aesthetics as well as to shield the building from the public right-of-way.

(7)

Decks and patios associated with residential development shall be a minimum of 25 feet from any lot line and are permitted to be located in front of the front facade of a principal building. All decks and patios shall be shielded from public rights-of-way via berming or landscaping.

(8)

All units shall provide suitable storage for bicycles as well as trash and recycling containers. Should indoor storage of such items prove impracticable due to a lack of garage, an exterior storage shed must be provided. Such sheds shall be designed to an appropriate size as reviewed and approved by the Planning Board at the time of site plan approval. Such sheds shall be in close proximity to the unit(s) they are serving and may be placed adjacent to a deck or patio or adjacent the side of the building. Such shed shall never be in front of the front door to a unit. Such shed shall be screened from public rights-of-way via berming or landscaping.

(9)

Emergency generators, air conditioning condensers, and heat pumps shall be planned for and shown on any site plan drawings associated with an application for site plan approval.

In multi-family or mixed-use development, roof-top placement is preferred to ground-mounted equipment and shall be screened from public view.

For generators, noise shall not exceed a manufacturer's noise level rating that does not exceed 70 dB(a) at 23 feet (seven meters)

Ground-mounted equipment:

May have a footprint (including the pad) not to exceed 20 square feet per unit.

[2]

Shall not exceed four feet in height.

[3]

Shall abide by the setbacks and standards associated with patios and decks found in Subsection G(7) above.

[4]

Shall be appropriated screened/buffered by nondeciduous plantings (subject to seasonal planting timing limitations) and/or a fence so as to minimize visibility from all lot lines from which the setback is less than the minimum applicable to buildings and structures.

(10)

In the event of fee-simple to wnhouse and stacked to wnhouse development, the bulk standards found herein shall be applied to the entire tract.

(11)

One monument sign shall be permitted pursuant to the standards the AH Affordable Housing Zone, articulated in § 225-120E of the Municipal Code.

(12)

Parking standards shall be pursuant to § 225-147 of the Municipal Code, with the exception that residential development shall provide parking at a rate of 1.8 spaces per unit.