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Township of Hanover, NJ
Morris County
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Table of Contents
Table of Contents
[Added 8-12-2010 by Ord. No. 22-10]
The purpose and intent of the AH-1 Overlay District is to provide an option for the development of affordable housing in accordance with the regulations in this article. The AH-1 District is an overlay district in that the district regulations only apply in the case of affordable housing development. The regulations of the I and I-B3 Zone Districts, as applicable, which underlie the AH-1 Overlay District as depicted on the Zoning Map, shall apply to all development other than affordable housing development.
The permitted principal uses in the AH-1 Overlay District shall be limited to affordable housing within the following types of principal structures:
A. 
Single-family attached dwellings, also known as "townhouses."
B. 
Multifamily buildings up to three stories in height.
C. 
Buildings containing a mixture of townhouse and multifamily dwellings up to three stories in height.
D. 
Two-family dwellings.
The permitted accessory uses the AH-1 Overlay District shall be limited to the following:
A. 
Surface parking areas and driveways.
B. 
Clubhouses.
C. 
Recreational facilities for the use of residents of the development and their guests.
D. 
Garages, attached or detached to a principal building.
E. 
Storage buildings.
F. 
Signs.
G. 
Other accessory uses and structures that are customarily incidental to a permitted principal use, unless specifically prohibited herein.
Uses prohibited in the AH-1 Overlay District shall include the following:
A. 
Any principal use not specifically permitted herein or permitted by other applicable law.
B. 
Any use prohibited in all zone districts of the Township of Hanover.
The lot, bulk and intensity of use standards for the AH-1 Overlay District shall be as set forth below:
A. 
Minimum lot area. 10 acres.
B. 
Maximum unit density: eight dwelling units per gross lot area.
C. 
Maximum building coverage: 20% of the gross lot area.
D. 
Maximum improvement coverage: 50% of the gross lot area.
E. 
Maximum building height.
(1) 
Principal buildings: three stories and 45 feet.
(2) 
Accessory buildings: Any permitted community center/clubhouse building shall not exceed two stories and 30 feet. Detached garages for the parking of motor vehicles, if provided, shall not exceed a height of 17 feet. All other detached accessory buildings shall comply with the height requirements for accessory buildings in § 166-114B.
F. 
Minimum setback from lot lines.
(1) 
Buildings: 20 feet.
(2) 
Parking areas: 20 feet.
G. 
Maximum number of principal buildings: no limit.
H. 
Maximum number of dwelling units within the same building: 20 units.
I. 
Minimum distance between principal buildings: 18 feet.
J. 
Minimum distance between buildings and parking areas and driveways: 10 feet, except that no setback shall be required between garages and driveways designed and intended to provide direct access to said garages.
[Amended 6-9-2011 by Ord. No. 20-11]
K. 
Bedroom density and mixture.
(1) 
Maximum number of three bedroom units: 35% of the total units in the development.
(2) 
Maximum number of efficiency and one-bedroom units: 20% of the total units in the development.
In addition to all other applicable requirements of this article, Chapter 166 and any other applicable law, rule or regulation, development within the AH-1 Zone District shall comply with the following requirements:
A. 
Minimum gross floor area, dwelling units:
(1) 
Efficiency: 600 square feet.
(2) 
One-bedroom: 700 square feet.
(3) 
Two-bedroom: 900 square feet.
(4) 
Three-bedroom: 1,050 square feet.
B. 
Recreational facilities. There shall be provided as part of any residential development recreational facilities suitable for the use of the intended residents of the development. Such facilities shall include, as a minimum, a community building having a floor area of at least 1,500 square feet gross floor area and an outdoor recreation area. There shall be no limit on the maximum coverage by such community building other than the maximum coverage permitted for all buildings in the district.
C. 
Affordable housing requirements.
(1) 
All housing units shall be affordable in accordance with the rules and regulations of the N.J. Council on Affordable Housing at N.J.A.C. 5:97-1.1 et seq. and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq. In addition, at least 13% of the total number of housing units shall be affordable to very low-income households.
(2) 
All affordable dwelling units shall comply with all applicable rules and regulations of the N.J. Council on Affordable Housing at N.J.A.C. 5:97, of the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., the N.J. Fair Housing Act and all other applicable rules and regulations pertaining to affordable housing, all as may be amended. In case of conflict between said rules, regulations and statutes and the requirements of this article, said rules, regulations and statutes shall supersede.
(3) 
The cost of administering and advertising the affordable units shall be the responsibility of the developer and his successor(s), and shall be a requirement of site plan approval for the development.
D. 
Exemption from tree removal replacement requirements. Notwithstanding the provisions of § 166-131, Tree preservation, removal and planting, developments containing one-hundred-percent affordable housing in the AH-1 Zone shall be exempt from the requirement to replace trees that must be removed as part of the development process, subject to review and approval of the tree removal by the Planning Board or Board of Adjustment, as applicable. The foregoing shall not be construed to exempt such developments from all other requirements to provide landscaping, including the planting of trees, on portions of the site not developed with buildings, pavement or other structures.
[Amended 12-19-2011 by Ord. No. 30-11]
E. 
All other applicable requirements of Chapter 166, Land Use and Development Legislation, shall apply to development within the AH-1 Overlay District unless specifically superseded by the regulations of this article.