Exciting enhancements are coming soon to eCode360! Learn more 🡪
Township of Denville, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Added by Ord. No. 19-88]
The following uses are principal permitted uses within the Affordable Housing Zone:
A. 
Townhouses and patio houses. (NOTE: All housing within the Affordable Housing Zone shall be occupied exclusively by persons of low or moderate income and provided herein.)
B. 
Townhouse-duplex combinations. (NOTE: All housing within the Affordable Housing Zone shall be occupied exclusively by persons of low or moderate income and provided herein.)
C. 
Triplexes. (NOTE: All housing within the Affordable Housing Zone shall be occupied exclusively by persons of low or moderate income and provided herein.)
D. 
Quadruplexes. (NOTE: All housing within the Affordable Housing Zone shall be occupied exclusively by persons of low or moderate income and provided herein.)
E. 
Apartments. (NOTE: All housing within the Affordable Housing Zone shall be occupied exclusively by persons of low or moderate income and provided herein.)
F. 
Public and private educational facilities.
G. 
Churches and other places of worship, including parish houses, Sunday school buildings and other similar uses.
H. 
Public utilities and essential services.
I. 
Parks, playgrounds, firehouses and library buildings.
J. 
Indoor and outdoor recreational facilities.
Permitted accessory uses shall include off-street parking, signs as provided herein and other uses customarily incidental to a principal permitted use.
[Amended by Ord. No. 15-90]
A. 
Minimum lot area. The minimum lot area shall be three acres.
B. 
Minimum lot width. The minimum lot width shall be 200 feet measured at the required front yard setback line.
C. 
Minimum front yard. The minimum front yard setback shall be 50 feet from any external property line. The required front yard setback line from any internal street or roadway shall be 30 feet or a distance equal to the height of the principal building whichever is greater.
D. 
Minimum side yard. There shall be a minimum side yard of 50 feet from all external property lines. The relationship of side yards from building to building on-site shall be governed by § 600-284 herein.
E. 
Minimum rear yard. There shall be a minimum rear yard of 50 feet from all external property lines. The relationship of rear yards, from building to building on-site shall be governed by § 600-284 herein.
F. 
Maximum lot coverage. The maximum lot coverage for all principal buildings on site shall be 20%.
G. 
Maximum improved lot coverage. The maximum improved lot coverage for all buildings and man-made improvements shall be 65%.
H. 
Maximum building height. The maximum building height shall be three stories or 40 feet. There shall be no dwellings that constitute a basement or cellar apartment and no building shall contain more than three living floors one above the other. There shall not be any "loft" space above a third floor level.
[Amended by Ord. No. 15-90]
A. 
Maximum number of dwelling units.
(1) 
In the event a regional contribution agreement is not forthcoming and Denville's total affordable housing obligation is to be provided within Denville, the maximum permitted number of residential units in the Affordable Housing Zoning shall be 278 dwelling units.
(2) 
The maximum permitted residential density shall be 10 units per acre for the entire AH - Affordable Housing Zone.
(3) 
Portions of the AH - Affordable Housing Zone may have densities of up to 17 dwelling units per acre; provided that the density for the entire AH Zone does not exceed 10 dwelling units per acre.
(4) 
In the event a regional contribution agreement is fully executed and implemented, the maximum permitted number of residential units in the Affordable Housing Zone shall be 201 dwelling units.
(5) 
For the purpose of this section, internal streets, roads and rights-of-way shall be included in the acreage calculations.
B. 
Low- and moderate-income housing. Every residential dwelling in an Affordable Housing Zone shall provide shelter for persons of low and moderate income.
C. 
Distribution of low- and moderate-income dwelling units.
(1) 
Within the Affordable Housing Zone, 50% of all required units for low- and moderate-income housing shall be designed for moderate-income households and 50% shall be designed for low-income households as provided herein.
(2) 
In the event more low-income housing units are provided than moderate-income housing units, each additional low-income housing unit will be substituted for a moderate-income housing unit.
D. 
Distribution of dwelling types.
(1) 
Within the Affordable Housing Zone, there shall be a minimum of two types of dwelling units. These units may be constructed as townhouses, patio houses, townhouse duplexes, triplexes, quadruplexes, and/or apartments, provided that they comply with the minimum and maximum standards of this section as provided herein.
(2) 
Within the Affordable Housing Zone, at least 4% of the dwelling units shall be designed for occupancy by persons who are disabled, in accordance with standards promulgated by the federal Department of Housing and Urban Development or the New Jersey Department of Community Affairs.
(3) 
Distribution of residential units.
(a) 
Within the Affordable Housing Zone, the distribution of low- and moderate-income units shall be governed by the following percentages and distribution:
Low- and Moderate-Income Dwellings
Number of Dwellings
(percent)
1 bedroom and efficiency1
50 (maximum)
2 bedrooms
35 (maximum)
3 bedrooms
15 (maximum)
Total
100
NOTE:
1
No more than 20% of the units shall be efficiency units.
(b) 
A maximum of 25% of the low and moderate-income units shall be designed for senior citizen housing with a minimum age of at least one occupant of 62 years, in accordance with standards promulgated by the federal Department of Housing and Urban Development.
(4) 
The construction of low- and moderate-income units, as part of the Affordable Housing Zone, shall be the responsibility of the applicant. Any plan for such development shall be subject not only to the regulations of this section, but also the subject to site plan and subdivision by the Planning Board.
In the Affordable Housing Zone where dwelling units are not being subdivided into individual lots, the following shall be the minimum distance between buildings:
A. 
The front of one building to the front of another building: 90 feet.
B. 
The front of one building to the side of another building: 60 feet.
C. 
The front of one building to the rear of another building: 75 feet.
D. 
The side of one building to the side of another building (other than an attached unit): 40 feet.
E. 
The side of one building to the rear of another building: 60 feet.
F. 
The rear of one building to the rear of another building: 75 feet.
G. 
The maximum length of a building unit containing townhouses shall be: six dwelling units or 180 feet in length.
H. 
The maximum length of a building unit containing town-houses and duplexes or flats shall be: 10 dwelling units in the total structure or 200 feet in length.
I. 
The maximum length of an apartment building shall be: 200 feet.
A. 
At least 25% of the total land area in an Affordable Housing development shall be designed for and devoted to open space. In computing such 25% requirement, common recreation areas accessory to the residential use and required buffer areas shall be included.
B. 
A minimum of 10% of the total land area shall be designed for active and/or passive recreational uses. These uses may include softball, soccer, football, basketball or similar recreational uses, swimming facilities, tennis courts as well as less active pursuits such as sitting areas, shuffleboard, etc.
C. 
Open space as provided herein shall be owned and maintained by the property owner in accordance with the provisions of N.J.S.A. 40:55D-43.
[Amended by Ord. No. 10-90]
A. 
Street requirements.
(1) 
The right-of-way and pavement widths of all internal streets, roads and vehicular-traveled ways shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full proposed development and the traffic to be generated thereby. They shall be adequate in size, loading and design to accommodate the maximum traffic, parking and loading needs and access for firefighting and police vehicles.
(2) 
All private internal residential roads and streets shall contain a minimum pavement width of 24 feet for two-way streets and 20 feet for one-way streets. Collector roadways shall minimally contain a pavement width of 30 feet. All public streets shall minimally meet the Township of Denville street standards.
(3) 
All streets and roads, either dedicated public streets or privately owned and maintained, or any combination thereof, shall be subject to the laws of the Township of Denville as to the construction of the roadway.
(4) 
Where an Official Map or master plan, or both, have been adopted, the proposed street system shall conform to the proposals and condition shown thereon except as may be modified by the Planning Board or governing body, as provided by law.
B. 
Utility improvements.
(1) 
The Affordable Housing Zone shall be served by a centralized water and sanitary sewerage system as defined herein.
(2) 
All utility improvements, including storm drainage systems, sanitary sewage collection and disposal and water supply systems, shall be in accordance with standards and procedures as established by local, county and state regulations. Said improvements shall be subject to review and approval by the New Jersey Department of Environmental Protection, the Township Engineer and, where applicable, the Township Department of Health and Social Services, as well as appropriate county and state agencies, where applicable. Water supply facilities shall be subject to review and approval by the Township Engineer and Fire Department, and the Denville Water Department.
(3) 
Electric, gas and telephone service shall be provided by the developer in concert with the appropriate public utilities providing such service. Said service shall be provided as part of an underground system.
(4) 
If such underground facilities cannot be reasonably provided due to topographic or geological conditions of the land due to technical circumstances, and if the landowner shall adequately demonstrate the lack of feasibility of such an undertaking to the satisfaction of the Board of Public Utilities, a waiver of this requirement may be granted by the Planning Board.
C. 
Off-street parking requirements.
(1) 
Within the Affordable Housing Zone, a minimum 1 1/2 parking spaces shall be provided for each dwelling unit, except that senior citizen housing minimally shall be required to provide one off-street parking space per unit and three-bedroom apartments shall provide two spaces.
(2) 
Each townhouse, townhouse-duplex, triplex, quadruplex, or patio house may provide one enclosed parking space for each dwelling unit wherever possible.
(3) 
Each apartment unit may be required to provide one enclosed parking space for every three dwelling units.
(4) 
Each parking space shall be provided at a width of nine feet and a length of 20 feet.
(5) 
Parking for persons who are disabled shall be provided with a minimum width of 12 feet and a length of 20 feet.
(6) 
Aisle width for all 90° parking shall minimal be 24 feet wide.
(7) 
Said parking will be suitably landscaped, screened, lighted and conveniently located to the housing to be served. Said parking will also be suitably graded and improved and provided with adequate drainage facilities.
(8) 
Except where parking is provided within the residential structure, no general parking area shall be located closer than 10 feet to a residential building.
D. 
Emergency facilities and access.
(1) 
All housing developed within the Affordable Housing Zone shall be suitably designed for emergency assistance if necessary.
(2) 
No housing unit shall be inaccessible to emergency service facilities, notably police, firefighting and ambulance service.
(3) 
Every principal doorway to a housing unit shall face or front upon a concrete, macadam or other similarly improved area capable of supporting a fire engine, ambulance or other similar emergency vehicle.
(4) 
In no event shall a housing unit be constructed back-to-back or side-to-back where the principal or sole access to said dwelling unit does not have direct frontage upon a street or driveway.
E. 
Environmental standards.
(1) 
Buffer area:
(a) 
The applicant shall provide and maintain a buffer zone for a planned residential development which shall be no less than 50 feet in width from all external lot lines of the site, except for that portion which fronts upon an existing external street or roadway. Such buffer zone shall be kept in its natural state where wooded. When natural vegetation is sparse or non-existent, the landowner shall be required to provide a year-round visual screen as determined by the Planning Board.
(b) 
Upon specific findings of particular circumstances relating to conditions of topography, natural features, lot configuration, natural vegetation or the lack of same, soil conditions, drainage or other similar site characteristics, or where said proposed development is compatible with existing development, the Planning Board may decrease the required buffer area as stated herein to a minimum width of 25 feet or may increase the required buffer to a maximum width of 100 feet.
(c) 
No use or structure, including parking or loading areas, shall be permitted within the required buffer area.
(2) 
Steep sloping areas. No development shall be permitted with an area in which the slope gradient is 15% or greater.
(3) 
Wetlands areas. No development shall be permitted with any area classified as a wetland area of one acre or more in size unless a duly approved alternative mitigating procedure is provided and approved by the appropriate authority.
(4) 
Floodplain designation. No principal use of any site within the floodplain area, including housing, shall be permitted.
Recreation use and a limited amount of soil movement shall be permitted within the floodplain area subject to Township Engineer and NJDEP approval, if applicable.