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. 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.
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:
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.
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.
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.
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.
Minimum floor area for dwelling units is as
follows:
A. One-bedroom: 525 square feet.
B. Two-bedroom: 650 square feet.
C. Three-bedroom: 725 square feet.
[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.