[Added 5-19-1988 by Ord. No. 7-88]
It is the intent of the AH Zone regulations to provide a realistic opportunity for the construction of a variety of housing types and income levels in the of Kinnelon ("Borough"), including housing for lower-income households, and to encourage the inclusionary development of such lower-income housing and other housing by providing specific land use regulations addressing those needs. These regulations are designed to fulfill the obligations of the Borough under the Fair Housing Act, P.L. 1985, c. 222.[1] Applications for development pursuant to the regulations of the AH Zone shall comply with all applicable Borough ordinances and regulations. Any provisions of this chapter or any other ordinance in conflict with the AH Zone regulations and which impose more stringent standards not related to the health or safety of the public or the resident occupants of the zone shall be inapplicable.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
For the purposes of the AH Zone, the following definitions shall apply:
APARTMENT
A multifamily dwelling unit contained in a building designed for or occupied by three or more families or households, living independently of each other with each unit containing one or more dwelling rooms with private bath and kitchen facilities. Each apartment shall comprise an independent, self-contained dwelling unit.
INCLUSIONARY DEVELOPMENT
A residential housing development in which a substantial percentage of the housing units is provided for a reasonable income range of low- and moderate-income households and as defined in this article.
LOW-INCOME HOUSING
Housing which is affordable according to Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within Morris County, and which is subject to affordability controls.
MODERATE-INCOME HOUSING
Housing which is affordable according to Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to or more than 50% but less than 80% of the median gross household income for households of the same size within Morris County, and which is subject to affordability controls.
TOWNHOUSE
A building or structure designed for and occupied by no more than a single household and which is attached to two or more similar buildings or structures by not more than two party walls with each dwelling unit having its own utility services in the same manner as a single-family detached dwelling unit. In the AH Zone, townhouses may be in fee simple, condominium, cooperative or leasehold ownership or any combination thereof.
Permitted uses in the AH Zone shall be as follows:
A. 
Principal uses:
(1) 
Townhouses.
(2) 
Apartments.
B. 
Accessory uses.
(1) 
Off-street parking, including garages.
(2) 
Common open space and on-site recreation facilities.
(3) 
Related storage or other accessory structures.
(4) 
Signs for building identification and traffic safety.
(5) 
Fences.
Bulk and dimensional requirements shall be as follows:
Minimum
Tract
Townhouse
Lot
Apartments
Area
20 acres1
2,000 square feet
n/a
Width (feet)
n/a
202
n/a
Depth (feet)
n/a
902
n/a
Setbacks (feet)
50
n/a
50
Front (feet)
--
252
n/a
Side (feet)
--
103
n/a
Rear (feet)
--
202
n/a
Coverage
--
--
--
Building
25%
50%
--
Total impervious
65%
--
--
Density
Maximum number of dwelling units
330
1 per lot
--
Building height
(feet)
--4
404
404
Building length
(feet)
180
--
--
NOTES:
  1 A site may vary by not more than 5% below the minimum tract area and still be a conforming lot.
  2 These dimensions apply to the individual lots for each townhouse unit. In the event that any individual dwelling unit lots are not be subdivided in fee simple but are to be part of a condominium association arrangement or part of a rental plan, the required area for the dwelling unit shall be designated on the site plan as a dashed imaginary line conforming to the lot requirements indicated.
  3 The minimum side yard requirements for individual townhouse lots apply only to end units on the buildings, subject to the provisions of § 207-37B.
  4 Maximum height of principal structures shall be measured from the average grade surrounding the structure to the ridge of the roof, exclusive of chimneys. In no event shall there be more than three living floors in any structure. Not more than 50% of the principal structures on-site can be measured from the highest grade, but in no event shall any principal structure exceed 45 feet, measured from any side.
[Amended 6-20-1996 by Ord. No. 6-96]
A. 
The maximum number of units to be permitted in the AH Zone shall be 295 dwelling units, which shall be distributed in the following manner:
(1) 
Total dwelling units: 295.
(a) 
Market units: 241.
(b) 
Lower-income units: 54.
[1] 
Sales units: 36.
[2] 
Rental units: 18.
B. 
Not less than 50% of the lower-income units shall be affordable to low-income households and not less than 50% shall be affordable to moderate-income households.
C. 
Not less than 18 of the lower income units shall be non-age-restricted rental units to allow the Borough to obtain a two-for-one bonus rental credit for 18 rental units.
D. 
Not less than 25 market rate sales units shall be restricted to households in which at least one adult is age 52 or older.
A. 
Each development, and the individual neighborhoods within each development, shall be designed in an integrated and coordinated manner with regard to building design, landscaping, street furniture and signs.
B. 
Distance between buildings.
(1) 
The minimum distance between buildings shall be as follows:
(a) 
Windowless wall to windowless wall: 20 feet.
(b) 
Window wall to windowless wall: 30 feet.
(c) 
Window wall to window wall:
[1] 
Front to front: 50 feet of landscaped open space, including walks.
[2] 
Rear to rear: 50 feet without an intervening parking area; 75 feet with parking.
[3] 
End to end: 30 feet.
(d) 
Any building face to local interior street curb: 25 feet.
(e) 
Any building face to common parking area: 12 feet.
(2) 
The Planning Board may reduce the above distances by not more than 1/3 if there is an angle of 20º or more between buildings and if extensive landscaping or buffers are placed between buildings. However, the front to front distance between window walls shall in no event be less than 50 feet.
Low- and moderate-income housing units shall be situated on the development tract in locations no less desirable than the other dwelling units within the development and shall be at least equally accessible to common open space and community facilities. No units shall be located within basements as defined in BOCA Basic/National Building Code.
A. 
Each dwelling unit shall provide off-street parking in the following manner:
(1) 
Dwelling units with one bedroom or less: 1.5 spaces for each dwelling unit.
(2) 
Dwelling units with two bedrooms: two spaces for each dwelling unit.
(3) 
Dwelling units with more than two bedrooms:
(a) 
Apartments: 2.1 spaces for each dwelling unit.
(b) 
Townhouses: 2.4 spaces for each dwelling unit.
B. 
In addition, there shall be provided one guest or visitor space for every 10 units on site.
C. 
All nonvisitor off-street parking shall be located within 300 feet of the dwelling unit served.
D. 
Parking shall be permitted in all required minimum yard areas except for a required twenty-five-foot minimum setback from all improved streets.
E. 
Parking spaces shall be a minimum of nine feet by 18 feet.
A. 
Landscaping. Those portions of all front, rear and side yards that are not used for off-street parking shall be attractively planted with trees, shrubs, plants and grass lawns and shall be continuously maintained.
B. 
Buffering shall be provided as follows:
(1) 
Buffer strip. A landscaped buffer strip shall be established and maintained along all exterior tract property lines. Such buffer strips shall be a minimum of 15 feet in width except that a buffer strip along an improved public street shall be a minimum of 25 feet in width.
(2) 
Screening and buffer strip. Whenever a developed use in this zone abuts any single-family residential zone or use, the buffer strip required shall also contain screening such as dense hedges, decorative fencing or landscaped earth berms.
(a) 
Whenever a buffer strip is required, it shall:
[1] 
Be landscaped by the planting of grass and/or ground cover, shrubs and trees. Two shrubs and one tree shall be provided for each 500 square feet of area or fraction thereof of the buffer strip. If the buffer strip is naturally wooded in its entire width and provides effective buffering to the satisfaction of the Planning Board, it may remain, subject to Planning Board approval, in its natural condition in place of the required shrubs and trees.
[2] 
Not contain parking areas or other accessory structures or uses except for decorative or passive recreational purposes. Driveways necessary to serve off-street parking are permitted to cross required buffer strips.
(b) 
Screening. Whenever screening has been specified by this chapter or is required by the Planning Board, such screening shall comply with the following standards:
[1] 
Screening shall consist of either dense evergreen trees (conifers) or a combination of not less than 50% evergreen trees and dense hedges of deciduous plants;
[2] 
If only evergreen trees are used, they shall be planted at five feet on center in a single row or at 10 feet on center in each of two staggered rows. All evergreens shall be a minimum of six feet tall at the time of planting and shall form an effective solid barrier to vision;
[3] 
If a combination of evergreens and deciduous hedge is used, all plantings shall be at 30 inches on center in a single row or at five feet on center in each of two staggered rows. All evergreens shall be a minimum of six feet tall at the time of planting; all deciduous plants shall be a minimum of five feet to six feet tall at the time of planting; or
[4] 
Subject to Planning Board approval, a solid fence of naturally durable material, such as cedar, cypress or redwood, not less than five feet tall and open to the ground not more than four inches above ground level may be installed, or, subject to Planning Board approval, a landscaped earth berm not less than five feet in height may be constructed.
C. 
Shade trees. Shade trees shall be planted along all improved public streets and interior drives of AH Zone developments as follows:
(1) 
Trees shall be of nursery stock of an approved species, grown under the same climatic conditions as found at the location of the development. Trees shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under maintenance contemplated.
(2) 
The average trunk diameter measured at a height of six feet above the finished grade level shall be a minimum of two to three inches, depending on good practice with reference to the particular species planted. Trees shall be planted at intervals of 40 to 50 feet apart, depending upon the species, along both sides of the interior development streets.
(3) 
All planting shall be done in conformance with good nursery and landscape practice.
D. 
Planting strips and islands. All planting strips or islands within Borough street rights-of-way and interior site areas shall be finish-graded, properly prepared and seeded or sodded with lawn grass in conformance with good nursery and landscape practice. In the alternative, for maintenance purposes, they may be landscaped and stabilized with appropriate ground cover, decorative stone, bark or other suitable material as will be approved by the Planning Board.
A. 
A minimum of 20% of the land area of any development, which may include environmentally restricted land, shall be designated for conservation, open space, recreation and/or other common open space and shall not include more than 50% of the area of any detention/retention basin. No on-site facilities and other like improvements shall be counted as common open space.
B. 
All property owners and tenants shall have the right to use the common open space.
C. 
Common open space may be deeded to the Borough, if accepted by the governing body, or to an open space organization or trust or to a private nonprofit organization charged with the provision of recreation activities for the residents of the development.
D. 
All common open space deeded to an open space organization, trust or private organization shall be owned and maintained as provided for in N.J.S.A. 40:55D-43.
A. 
Site lighting shall be provided in all areas of AH Zone developments which are accessible to the public as follows:
Area
Average Maintained
Footcandles
Parking lots and access drives
0.4 to 1.0
Pedestrianways and sidewalks
0.5
B. 
All lighting from fixtures shall be shielded and cut off at property lines adjoining residential zones and areas so that the lamp or refractor is not visible from these areas or adjoining roadways. All sky-glow effects shall be prohibited. The maximum permissible luminary mounting height shall not exceed 15 feet above ground level.
[Amended 6-20-1996 by Ord. No. 6-96]
Every AH Zone development shall be served by Kinnelon public water and sewers which shall be provided in accordance with the terms of the mediated agreement, dated February 6, 1996, between the Borough of Kinnelon and the developer. All electrical utilities, phone, CATV or other utility services shall be installed underground. Any public water, sewer or drainage utility easement shall be a minimum of 20 feet in width. All other easements shall be located and dimensioned in consultation with the companies or agencies providing the service.
Every AH Zone development shall provide for a screened and accessible dumpster area for regular trash and garbage disposal. At the time of site plan approval, the developer shall submit a plan and procedure for the collection and disposal of source-separated recyclable materials.
In addition to any storage area contained inside individual apartment dwelling units, there shall be provided for each apartment dwelling unit 150 cubic feet of storage area in a convenient, centrally located area in the basement or ground floor of the dwelling structure or elsewhere where personal belongings and effects may be stored without constituting a fire hazard and where said belongings and effects may be kept locked and separated from belongings of other occupants. There shall be a further minimum common storage area in each building for bicycles, perambulators or similar types of equipment of 50 cubic feet per dwelling unit.
A. 
All AH Zone developments shall be served by paved roads in accordance with the approved subdivision and/or site plan; all such roads shall have adequate drainage in compliance with this article.
B. 
Roads shall be planned so as to discourage through traffic.
C. 
The pavement standard for all interior development roads shall be a base course of four inches of bituminous stabilized base, Stone Mix No. 1, placed on a compacted, unyielding subgrade, with a surface course of two inches of bituminous concrete, Type FABC - 1, Mix No. 5, applied in accordance with state highway specifications.
D. 
Any improvements to an improved public street shall comply with the minimum construction standards of the Borough's Subdivision Ordinance.[1]
[1]
Editor's Note: See Ch. 176, Subdivision of Land and Site Plans.
E. 
Any on-site cul-de-sac or cul-de-sac interior development road shall comply with the minimum design standards of the Borough Subdivision Ordinance.
A. 
Where nonstructural means of controlling surface runoff, such as swales, are feasible and adequate, such nonstructural means shall be preferred.
B. 
The system shall be adequate to carry off the stormwater and natural drainage water which originates within the lot or tract boundaries and that which originates beyond the lot or tract boundaries in their current state of development. No stormwater runoff or natural drainage water shall be so diverted as to overload existing systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions.
C. 
Techniques for computing water runoff shall be as follows:
(1) 
Collection systems: rational method.
(2) 
Detention systems: United States Department of Agriculture Soil Conservation Service, Technical Release No. 55. Determination of the R factors shall be as contained in the ACE Manual No. 37, latest edition.
D. 
Storm sewers, open channels, bridges and culverts shall be designed from minimum flow capacities as follows:
Density Capacity
Type of System
Frequency of Storm
(years)
Collection systems
15
Culverts
25
Detention systems
25
Emergency spillway system from detention system
100
E. 
All materials used in the construction of storm sewers, bridges and other drainage structures shall be in accordance with the specifications of the Standard Specifications for Road and Bridge Construction of the New Jersey Highway Department, current edition, and any supplements, addenda and modifications thereof, unless otherwise specified by the reviewing municipal agency. Lesser specifications may be approved by the reviewing authority.
F. 
All grading shall be done in a manner that will secure proper drainage away from buildings. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow.
G. 
Detention or retention basins shall be required to hold stormwater runoff such that discharge will not exceed predevelopment rates. A waiver of this provision may be granted only when it is demonstrated by the developer that the additional runoff resulting from the proposed development will not exceed four cubic feet per second. Where detention or retention basins are required, they shall be designed in accordance with the United States Department of Agriculture Soil Conservation Service, Technical Release No. 55, using the routing procedure, and, where feasible, the outlet from the detention facility shall be designed so that 90% of the runoff from 1 1/4 inches of rainfall, falling in two hours, be retained, and so that not over 90% will be evacuated prior to 36 hours. The following exceptions to this provision will be acceptable in any case:
(1) 
Retention will not be required to an extent which would reduce the outlet size to a diameter less than three inches.
(2) 
Dry basins serving residential projects may allow evacuation of 90% in 18 hours.
H. 
Approval of drainage structures shall be obtained from the appropriate municipal, county, state and federal agencies and offices.
I. 
Where required by the Borough and as indicated on an improved development plan, a drainage right-of-way easement shall be provided to the Borough where a tract or lot is traversed by a system, channel or stream. The drainage right-of-way easement shall conform substantially to the lines of such watercourse and, in any event, shall meet any minimum widths and locations as shown on any Official Map and/or Master Plan.
A. 
Number and type of lower-income dwelling units required. Fifteen percent of all lower-income units shall be three-bedroom units. Not more than 50% of all lower-income units shall be one-bedroom units.
B. 
Eligibility standard.
(1) 
Fifty percent of all lower-income units shall be affordable to low-income households, and 50% shall be affordable to moderate-income households, adjusted for household size. In addition, 50% of each bedroom distribution shall be affordable to low-income households. The prices of low- and moderate-income units, as best as practicable, shall be distributed as follows in accordance with COAH standards:
(a) 
Low:
[1] 
Ten percent of all low-income units: 40% through 42.5%.
[2] 
Thirty percent of all low-income units: 42.6% through 47.5%.
[3] 
Sixty percent of all low-income units: 47.6% through 50%.
(b) 
Moderate:
[1] 
Ten percent of all moderate-income units: 50.1% through 57.5%.
[2] 
Ten percent of all moderate-income units: 57.6% through 64.5%.
[3] 
Ten percent of all moderate-income units: 64.6% through 68.5%.
[4] 
Ten percent of all moderate-income units: 68.6% through 72.5%.
[5] 
Twenty percent of all income units: 72.6% moderate-through 77.5%.
[6] 
Forty percent of all moderate-income units: 77.6% through 80%.
(2) 
The developer may substitute alternate comparable eligibility standards where appropriate and to the satisfaction of the Borough Council and New Jersey Council on Affordable Housing.
C. 
Housing cost components. In computing monthly housing costs, only the following components shall be included:
(1) 
Rental units: rent, excluding utilities.
(2) 
Sales units: principal and interest, insurance, taxes and condominium or homeowners' association fees.
D. 
Maximum monthly housing costs. The maximum monthly housing cost shall be 28% of the gross annual median income adjusted for household size for sales housing and 30% for rental housing for Morris County.
E. 
Subsidies. Government subsidies may be used at the discretion of the developer to fulfill the requirements of the section. The lack of said subsidies shall in no way alter or diminish the lower-income requirements of this article.
F. 
Resale and rental of lower-income housing.
(1) 
All lower-income dwelling units within the AH Zone shall be required to have covenants running with the land to control the resale price or sublease of for-sale units or to employ other legal mechanisms which shall be approved by the Borough Attorney and will, in his opinion, ensure that such housing will remain affordable to persons of lower income for at least 20 years.
(2) 
The owner of all rental units shall provide legal documentation, to be approved by the Borough Attorney, to assure that rental units will remain affordable to persons of lower income for at least 20 years.
(3) 
In the event that no low- or moderate-income purchaser or tenant is found within 90 days after the unit is listed for sale or rent and the Borough is notified in writing of such listing, the low-income unit may be sold or rented to a moderate-income purchaser or tenant or, if none is found within 90 days thereafter, to any interested purchaser or tenant. Proof of the attempt to sell or rent shall be submitted to and shall be satisfactory to the Borough Council or its designee. Resale controls shall remain in effect for any subsequent resales or subleases.
(4) 
In accordance with COAH requirements, the Borough shall formulate and implement a written affirmative marketing plan. The affirmative marketing plan shall be realistically designed to ensure that lower-income persons of all races and ethnic groups are informed of the housing opportunities in the development, feel welcome to seek or buy or rent such housing and have the opportunity to buy or rent such housing. It shall include advertising and other similar outreach activities.
(5) 
Sales prices and rents may be increased in accordance with the periodically revised uncapped Section 8, income limits published by HUD. After 20 years, all such units may be sold or rented without restrictions. After 20 years from the date of the issuance of the initial certificate of occupancy, for either rental or condominium occupancy, all lower-income units may be sold or rented without restriction; provided, however, that at least 18 units remain as rental units.
G. 
Phasing of lower-income housing.
(1) 
Lower-income housing shall be phased in accordance with the following schedule:
[Amended 6-20-1996 by Ord. No. 6-96]
Percentage of Total
Market Housing Unit
Certificates of Occupancy
Minimum Percentage
of Lower-Income
Housing Certificates
of Occupancy
25
0
25 plus 1
25
40
40
50
50
75
75
90
100
100
--
(2) 
Any development in the AH Zone for which site plan approval has been approved shall be considered a single development for purposes of this § 207-49G, regardless of whether parts or sections are sold or otherwise disposed of to persons or legal entities other than the one which received approval. All such approvals and conditions of approvals shall run with the land. Any tracts or parcels sold shall include documentation satisfactory to the Borough Attorney, setting forth the requirements for low- and moderate-income housing units.
H. 
Waiver of fees. Notwithstanding any ordinance requirement of the Borough of Kinnelon, the applicable approving agency shall waive the following fees for every unit designated as lower-income housing:
(1) 
Subdivision and site plan application fees.
(2) 
Building permit fees, except state and third-party fees.
(3) 
Certificate of occupancy fees.
(4) 
Sewer and water connection and application fees imposed by the Borough.
(5) 
Engineering fees applicable to lower-income housing.
I. 
Design waivers and maximum review time.
(1) 
Notwithstanding any provision set forth elsewhere in this article, the Planning Board may waive any engineering and construction design requirements contained in this article in order to achieve the objectives of the AH Zone provided that the Planning Board shall be satisfied that such waiver does not jeopardize the public health and safety.
(2) 
The Planning Board shall act on an application for site plan approval in the AH Zone within 95 days of submission of a completed application. All requirements of the Land Use Regulations[1] as to submission requirements shall be met.
[1]
Editor's Note: See Ch. 47, Land Use Procedures.