[Added 11-20-2007 by Ord. No. 2007-18]
[Amended 5-6-2008 by Ord. No. 2008-7]
In the Village Residential-A District, no lot or structure shall
have as a principal use, and no structure shall be located, relocated,
erected, constructed, reconstructed, enlarged or structurally altered
for the purpose of any principal use, except the following:
A.
Single-family dwellings as permitted in and regulated by the R-5
Residential District.
B.
With the provision of public water and sewer service, in compliance with the provisions of § 100-50.4F, hereinbelow, planned unit residential development comprising the whole of the Village Residential-A District, consisting of up to a maximum of 14 dwelling units, total, in the following configurations:
(1)
One or more building(s) containing up to six dwellings each, including duplexes, triplexes, quadriplexes, townhouses and multifamily dwellings, designed and reserved for occupancy by households meeting all of the age-restriction requirements set forth in § 100-50.4A, hereinbelow, subject to also providing the uses set forth in § 100-50.1B(2), hereinbelow.
(2)
As a condition of allowing the development set forth in § 100-50.1B(1), hereinabove, there shall be provided in the planned unit residential development one or more building(s) containing two to six dwelling units each, including duplexes, triplexes, quadriplexes, townhouses and multifamily dwellings, which dwelling units shall be affordable to and reserved for occupancy by qualified low- and moderate-income households pursuant to and consistent with all of the requirements of N.J.A.C. 5:94-1 et seq. and N.J.A.C. 5:80-26.1 et seq. (or successor regulations). Dwellings affordable to and reserved for occupancy by qualified low- and moderate-income households shall comprise a minimum of 40% of the total number of dwelling units existing and constructed in the zoning district. Low- and moderate-income units shall not be age restricted.
(3)
As part of the planned unit residential development, the existing
historical residential structure shall be retained on the tract in
its use at the time of the creation of this VR-A District (that is,
as a two-family residential dwelling structure, which is neither age
restricted nor qualified as affordable to low- or moderate-income
households), provided it shall be subdivided from the remainder of
the development. The lot created around the existing historical residential
structure: i) shall contain a minimum of one acre of land having at
least 150 feet of frontage on an existing or proposed street; ii)
shall encompass all of the remaining viable outbuildings that form
the context of the historical structure; and iii) shall not include
any of the new dwelling units permitted to be constructed. No substantial
changes shall be made in the existing use of the historical structure,
nor in its exterior appearance. The dwelling(s) located within the
existing residential structure shall be served by the public water
and sewerage systems serving the rest of the development.
C.
The planned unit residential development shall be designed so that
the portion containing the age-restricted dwelling units shall be
in a separate and subdividable portion or portions of the tract from
the portion of the tract containing the non-age-restricted dwelling
units affordable to low- and moderate-income households. All subdivided
lots in the planned unit development shall have frontage of at least
50 feet on a street, as defined in N.J.S.A. 40:55D-7. Also, there
shall be provided common open space and facilities, as well as a homeowners'
association, for the age-restricted units, separate from any such
space and facilities, or homeowners' association, for the non-age-restricted,
low- and moderate-income units.
D.
The total number of dwelling units permitted in the planned unit residential development (under § 100-50.1B) shall not exceed 14, nor shall it exceed the density limits set forth in § 100-50.4C below.
E.
The planned unit residential development (except with respect to § 100-50.1B(3) for any development within the separate lot created for the existing two-family residential structure) shall be subject to major site plan approval by the approving authority. Such site plan review shall conform to the following:
[Amended 7-6-2010 by Ord. No. 2010-12A]
Permitted accessory uses include:
A.
Private garages, whether attached or detached, intended
to be used and used to store or house automobiles or similar motor
vehicles for the use of residents of the lot on which the garage is
located and their guests and lessees.
B.
In the context of a development permitted in § 100-50.1B(1) and (2), common open space and recreational facilities intended for the use and enjoyment of the residents of the development with no more than one permanent maintenance building serving the entire development and common outdoor parking areas.
C.
In the context of the uses permitted in § 100-50.1B(1) and (3), accessory uses customarily incidental to single-family residential uses, and, in the context of the uses permitted in § 100-50.1A only, home occupations and home professional offices, subject to the limitations therefor set forth at § 100-49B, and up to two roomers or boarders per dwelling unit.
[Amended 5-6-2008 by Ord. No. 2008-7]
The following shall apply to planned unit residential development
in this district:
A.
Age restrictions.
(1)
Through its corporations, associations or owners, each of the age-restricted dwellings permitted under § 100-50.1B(1), hereinabove, shall be restricted by bylaws, rules, regulations and restrictions of record to occupancy by a household with at least one household member being a minimum of 55 years of age or older, as permitted under and in conformity with all requirements of the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq., and the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., as amended, all applicable federal regulations and all applicable state laws and regulations.
(2)
No children under the age of 18 shall permanently reside in
any age-restricted dwelling unit.
B.
Open space.
(1)
In the case of planned unit residential development pursuant to § 100-50.1B at least 75% of the VR-A Zoning District shall be set aside as common open space for conservation or recreational purposes, as appropriate. Said percentage shall be calculated by excluding portions of the zoning district lots lying within the right-of-way lines (including any widened area of such rights-of-way required as a condition of approval of the planned unit development) of existing county roads. Common open space shall also exclude areas of the tract lying within 20 feet of buildings, parking areas and roads. The common open space shall be permanently restricted by deed or easement for its intended purposes, which shall be purposes appropriate to the use, scale and character of the development and the natural features of the tract and may include conservation, active or passive recreational facilities, required buffer areas and common or private gardens, all in accordance with a site plan approved by the approving authority. All approved improvements of the common open space, including buildings, recreational facilities and landscaping and all other common elements in the development shall be completed before a certificate of occupancy shall be granted for any of the dwelling units in the development. Appropriate entities shall be established to own and maintain the common open space, common recreational facilities and other common elements of the development. The following requirements shall apply to the ownership, preservation and maintenance of the common open space and other common elements in the development.
(2)
The method and vehicle for reserving and restricting the common
open space and common elements within the development and the documents
pertaining to the establishment of the entity(ies) that will own and
maintain the common open space and common elements in the development
shall be reviewed by the approving authority attorney and approved
by the Township Attorney and by the New Jersey Department of Community
Affairs and shall be on file in the office of the Township Clerk before
a certificate of occupancy shall be issued for any of the dwelling
units in the development. The master deed and other appropriate legal
documents, including those establishing the homeowners' association(s),
pertaining to the development shall insure that the owners of all
dwelling units in the development shall assume and bear the foregoing
responsibilities, except that separate homeowners' associations may
assume those responsibilities logically appropriate to a segment of
the overall planned unit residential development. Also there shall
be submitted to and approved by both the approving authority attorney
and Township Attorney deed restrictions restricting the occupancy
of the age restricted dwelling units.
(3)
The form, financial capability, rules of membership and methods
of cost assessment of the entity(ies) shall ensure the successful
fulfillment of the maintenance, preservation and improvement responsibilities
of the entity(ies).
(4)
The entity(ies) shall have or shall hire adequate staff to administer
common facilities and maintain the common open space for the primary
benefit of the residents of the development. Such entity(ies) shall
not be dissolved and shall not dispose of any common open space, by
sale or otherwise, except to another entity or entities conceived
and established to own and maintain the common open space for the
benefit of the residents of the development, and thereafter such entity(ies)
shall not be dissolved and shall not dispose of any common open space
without first offering to dedicate it to the Township.
(5)
In the event that the aforesaid entity(ies) shall fail to maintain
the common open space and common elements in reasonable order and
condition, the Township governing body may take the actions set forth
at N.J.S.A. 40:55D-43b, and the costs of such actions shall be assessed
as provided at N.J.S.A. 40:55D-43c.
(6)
A portion or portions of the open space may be used for stormwater
recharge and detention. The approving authority shall review the design
of the proposed stormwater management plan in terms of its anticipated
impact on the usability of the proposed open space.
C.
Density.
(1)
The development permitted at § 100-50.1B shall not exceed 1.1 dwelling units per net acre of the VR-A District, with the term net acre referring to the area of the two lots in the district, excluding the land within the right-of-way (either as it exists prior to, or as it is required to be widened as a condition of, approval of the planned unit residential development).
(2)
This permitted density shall be calculated prior to subdivision of the tract to create a lot around the existing residential structure as permitted at § 100-50.1B(3).
D.
Design standards.
(1)
The architectural style of all new buildings shall be compatible
with the architectural style, size and scale of the existing historical
residential building located on the site. The choice of architectural
style shall be reflected in the ratio of building width to height,
the exterior arrangements of windows and doors, the pitches of the
roofs, the style of the porches and the selection of exterior materials.
The entirety of the building design and detailing shall be consistent
with the architectural style selected. Compliance with this subsection
shall be the subject of evidence in the form of architectural plans
and renderings and testimony at the public hearing on the development
application.
(2)
Views from surrounding streets to the existing historic structures
on the development tract shall remain unobstructed by new buildings
to the extent possible. Where new buildings will encroach on the view
of one or more of the existing historic structures, the approving
authority shall pay particular attention to the compatibility of the
design, scale and materials of the new structure(s) to the old and
to the necessity for screening of new structures where appropriate.
(3)
Garages shall be provided for all of the market units at the
rate of at least one but not more than two garage spaces per unit.
Garages may be attached or detached and shall either be accessed via
alleys constructed at the backs of buildings or recessed back from
the front wall of buildings by a distance of at least 10 feet. Garage
doors shall not be visible from surrounding streets and properties.
Outdoor parking areas and garage doors shall be screened from view
from surrounding streets and properties by appropriate vegetative
screening, as approved by the approving authority.
(4)
Covered porches shall be provided along the fronts of each dwelling
unit, and shall be proportioned and outfitted with balustrades and
trim, in a manner appropriate to the architectural style of the building.
A covered porch shall have a minimum depth of seven feet. Latticework
and trellises may be used to provide privacy; and latticework or stonework,
as appropriate, shall be used to hide the foundation beneath the covered
porch, if elevated by more than one foot above the ground.
(5)
Exterior siding shall be stone or clapboard material or a combination
thereof. The stone shall resemble in type and color fieldstone that
is native to the Township. Trim shall preferably be of wood. If another
material is to be substituted for wood clapboard or wood trim, the
material shall resemble wood in appearance. The applicant shall submit
samples of the proposed exterior building materials to the approving
authority for review and approval as a condition of preliminary development
approval.
(6)
Buildings shall have pitched roofs. The pitch of the roof shall
be appropriate to the architectural style of the building but shall
not, in any case, be less than six on 12. Rooflines shall be varied
on each building. Flat, gambrel and mansard roofs shall be prohibited.
Roof materials shall be of slate or wood shingles or of a material
designed to emulate the look of these materials. If another material
is to be substituted for wood shingles or slate, a sample of the proposed
roofing material shall be submitted to the approving authority for
review and approval of the substitution as part of the process for
preliminary development approval.
(7)
Windows shall be of vertical rectangular configuration with
muntins and constructed of wood, aluminum and/or vinyl clad material,
and all buildings shall have articulated cornices and quoins.
(8)
Sidewalks shall be provided on the site for the convenience
of the residents, and walkways shall be constructed from each building
entrance to the common sidewalk. Sidewalks and pedestrian crossings
shall be constructed/demarcated using materials other than concrete,
such as slates or brick or stone pavers, subject to approval by the
approving authority.
(9)
Stone walls, wood fences or hedges shall be used to denote the
edge of the public or common way in front of each building. Such walls,
fences or hedges shall not be less than 18 inches nor more than 36
inches in height and shall be of a material and design compatible
with the architectural style of the development as a whole.
(10)
The maximum length of any building shall be 85 feet. Notwithstanding
this provision, no building wall shall extend along a single plane
for a distance greater than 40 feet. If a building is proposed to
be greater than 40 feet in length, the wall plane shall be stepped
a minimum of 10 feet at one or more points along its length to provide
visual relief.
(11)
Screening shall be required to protect views from existing dwellings
on lots which are adjacent to the development tract. The depth of
the screen plantings shall be sufficient to allow the preservation
of existing vegetation or the planting of new vegetation, or both,
that will achieve a 75% visually impervious, year-round screen, having
a minimum height of at least eight feet at time of planting. Screen
plantings shall be spaced appropriately in accordance with the types
of plantings utilized. Ordinarily, such plantings shall be placed
in staggered rows. The screen plantings shall combine evergreen species
and/or deciduous species with intense, low branching patterns with
ornamental species and appropriate understory vegetation. Unless the
Planning Board approves an alternative placement for the required
screen planting, such screening shall be provided within the required
tract buffer.
(12)
The landscaping requirements of § 100-91.12B. shall apply to a planned unit residential development within the VR-A District.
(13)
The development shall comply in all respects with N.J.A.C. 5:21,
the residential site improvement standards, and all land use regulatory
permit requirements of the NJDEP.
(14)
Permanent freestanding development name signs or logos shall
be prohibited. During construction, one temporary identification sign
shall be permitted to be erected, outside of any required sight triangle
and set back at least 20 feet from any road right-of-way. Such temporary
sign shall have a sign area not exceeding 32 square feet and a height
not exceeding eight feet. Said sign shall be removed prior to the
issuance of the last temporary or final certificate of occupancy for
the units within the development. Within the development, up to two
directional signs, each not exceeding four square feet in area nor
having a height greater than four feet, may be permitted subject to
site plan approval. Signage for individual dwellings shall consist
of no more than a single one-square-foot residential nameplate sign
or numbers per dwelling unit.
(15)
Belgian block curbing shall be used throughout the development
wherever curbing is required.
(16)
Site lighting shall be low level, shall be provided along all walkways, interior roads, driveways and parking areas, and shall meet the applicable requirements of § 100-91.11, except that the approving authority may, in its discretion, require lower levels of lighting than the maximums provided for in this Chapter 100.
E.
Low- and moderate-income units. Development of the low- and moderate-income
dwellings shall satisfy the following criteria:
(1)
All required low- and moderate-income dwellings provided shall
satisfy COAH's rules set forth at N.J.A.C. 5:94-1 et seq., and the
uniform housing affordability controls set forth at N.J.A.C. 5:80-26.1
et seq. (or successor regulations), especially, but not limited to,
the rules pertaining to the required bedroom mix, the low/moderate
income split, and the affordability criteria. The low- and moderate-income
dwellings shall not be age restricted.
(2)
The low- and moderate-income dwellings shall be constructed
in a building or buildings designed to resemble as closely as possible
the architectural style of the building(s) containing the market-priced
dwelling units in the development, and the exterior siding used shall
be the same stone and/or clapboard material used on the market units.
(3)
The design standards set forth for the construction of the building(s) within the development at § 100-50.4D shall be applicable to the building(s) containing the low- and moderate-income units, but the approving authority may, in an effort to promote affordable housing construction, approve deviations from or modifications of these design standards if the applicant can demonstrate that the deviation or modification will satisfy the intent of the design standard in question.
(4)
As to the low- and moderate-income (affordable) dwellings, the
developer(s) shall, as a condition of final approval of the development,
enter agreement(s) with the Township whereby the affordable units
are affirmatively marketed and, if rented, administered by an entity
experienced in administering affordable housing units. The affordable
units shall be affirmatively marketed for sale or for rent, as the
case may be, and sold or rented, as qualifying lower income units
under regulations applicable to low- and moderate-income housing promulgated
by COAH and under other applicable law. Documents in recordable form
shall be submitted to the Township and reviewed and subject to the
approval of the Township Attorney, prior to the time of, or as a condition
of, final approval for the development, insuring that the initial
affirmative marketing of such units is carried out and that the units
remain qualified as lower income units under applicable laws and regulations,
for a period of at least 30 years. Pursuant to COAH's rules, no certificate
of occupancy for initial occupancy of such unit shall be issued unless
the unit is controlled by appropriate deed restrictions and COAH-approved
form of mortgage lien. Additionally, there shall be provided to the
approving authority and the Township, as a condition of final approval,
assurances and agreements, satisfactory to the Township, whereby a
qualified entity or entities will own and manage any such rental units.
F.
Utilities. All dwelling units in this district shall be served by
public sewerage and public water supply. The applicant shall be obligated
to demonstrate the availability of sufficient water supply and sewage
treatment capacity to serve the proposed development.
G.
Developer's agreement. As a condition of final approval for a development
within the Village Residential-A District, a developer's agreement
shall be prepared and submitted to the approving authority and Township
Attorney setting forth a description of the low- and moderate-income
dwellings to be constructed and any terms and conditions of COAH's
rules and the uniform housing affordability controls cited previously
that are applicable to such dwellings; a description of the intended
use and disposition of the open space created within or associated
with the development, including any limitations or conservation easements
applicable to the open space; agreements regarding stormwater management,
utility services and off-tract improvements; and any other areas ordinarily
covered in a developer's agreement.
