[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:
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.
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.
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.
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.
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:
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]
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)
(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.
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.
Minimum floor area for dwelling units is as
follows:
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.
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:
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:
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:
(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.
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:
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.
