[Added 7-19-2018 by Ord.
No. 7-18]
A.
The purpose of the AH-2 Overlay Zone is to provide a realistic opportunity
for the construction of low- and moderate-income housing units in
conformance with the latest procedural and substantive rules for affordable
housing, as determined by the courts or other applicable authority,
by permitting for a mixed-use development consisting of ground-story
retail and commercial uses with residential multifamily units above.
This article is created in fulfillment of a settlement agreement by
and between the Borough of Kinnelon, New Jersey, and the Fair Share
Housing Center (FSHC).
B.
Any provisions of this chapter or any other ordinance in conflict
with the AH-2 Overlay 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.
The AH-2 Overlay Zone shall encompass Block 45201, Lot 102,
on the Borough of Kinnelon Tax Map.
The AH-2 Overlay Zone shall permit the following uses:
A.
Those uses permitted in the Restricted Commercial Zone.
B.
Mixed-use developments consisting of ground-story retail/commercial/office
with residential multifamily apartment units above. An apartment shall
mean 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. Ground-story retail/commercial/office
uses shall be required regardless of whether the existing building
at the time of the adoption of this article is modified, expanded,
or if a new building or buildings is/are constructed.
Accessory uses and structures permitted in the AH-2 Overlay
Zone are those uses and structures which are customarily incidental
and subordinate to those uses permitted in the zone. Accessory uses
and structures shall include, but not be limited to, the following:
A.
Street furnishings, planters, streetlights, and exterior, garden-type
shade structures;
B.
Fences and walls, which shall complement the architectural style,
type, and design of the building(s) and the overall project design;
C.
Recreational facilities such as swimming pools, tennis courts, jogging
paths, dog runs, and play lots;
D.
Parking lots serving the development;
E.
Signs;
F.
Clubhouses, which shall complement the architectural style, type,
and design of the principal building(s) and the overall project design;
G.
Stormwater management facilities; and
H.
Refuse/recycling enclosures, which shall complement the architectural
style, type, and design of the principal building(s) and the overall
project design.
None.
The following uses shall be prohibited:
A.
Minimum tract size. There shall be a minimum tract size of 12 acres.
B.
Maximum permitted density. The maximum permitted density shall be
six dwelling units per acre.
C.
Minimum setbacks. The following minimum setbacks shall apply:
(1)
Minimum front yard setback: 50 feet.
(2)
Minimum side and rear yard setback: 50 feet where it abuts residential
property. Where it abuts other than residential property, a minimum
setback of 25 feet shall be required.
(3)
Perimeter setback standards shall not apply to retaining walls,
stormwater management facilities, signs, and fencing, unless otherwise
required by this section.
D.
Minimum buffer. A minimum landscaping buffer of 25 feet shall be
provided where it abuts a residential property. Where it abuts other
than a residential property, a minimum landscaped buffer of 15 feet
shall be required.
E.
Impervious coverage: 75% maximum.
F.
Off-street parking. The following parking standards shall apply:
(1)
Nonresidential uses, excluding restaurants and movie theaters:
one parking space per every 200 square feet of gross floor area.
(2)
Restaurants and other similar eating and drinking establishments:
one parking space for every three seats.
(3)
Movie theaters: one parking space for every four permanent seats.
(4)
Residential: Parking requirements for residential uses shall
comply with those standards set forth in the Residential Site Improvement
Standards (RSIS).
(5)
The applicable parking requirements may be reduced if a shared
parking analysis demonstrates that a lower number of parking spaces
will be sufficient.
G.
Maximum building height: 42 feet.
H.
Distance between buildings: 30 feet.
I.
Signage.
(1)
Freestanding signs.
(a)
One freestanding sign for the development shall be permitted
at each vehicular entrance to the development, provided that there
shall be no more than three such signs.
(b)
The area of each sign shall not exceed 50 square feet.
(c)
The height of each sign shall not exceed six feet.
(d)
All signs shall be set back at least 10 feet from any street
right-of-way, and shall not impact any line of sight.
(e)
The sign shall be an identification sign only, limited to the
name and address of the development on site.
(f)
The design of the freestanding signs shall be complementary
to the architectural design of the buildings located on site, and
shall be subject to the review and approval of the Planning Board.
(2)
Attached signs.
(a)
The area of any single sign shall not exceed 10% of the area
of the exterior wall of the tenant space to which it is attached,
or one square foot for each linear foot of building occupied by the
tenant using the sign, whichever results in the smaller sign.
(b)
Attached signs shall be placed parallel to the face of the building,
and shall not extend farther than 12 inches from the face of the building.
(c)
No attached signs shall be placed above the ground floor on
any building with more than one story.
(d)
There shall be no more than one attached sign for each separate tenant of the premises. Where a building is served with a rear entrance opening on a parking area as approved by the Planning Board, each tenant in the building is permitted a second sign facing the rear parking area. The second sign shall not have an area exceeding 1/3 the maximum area permitted for the first sign as regulated in Subsection I(2)(a) above.
(e)
The length of any sign shall not exceed 50% of the length of
the facade occupied by the tenant using the sign, up to a maximum
length of 25 feet.
(f)
Where a row of storefronts exists in one building, all signs
shall be of common design and similar appearance.
(3)
All signs shall require Planning Board approval.
(4)
No outdoor flashing or lighted signs or signs with moving parts
will be permitted except by special permission of the Planning Board.
In no case shall these signs be operated between 12:00 midnight and
6:00 a.m.
A.
Building design.
(1)
Mixed-use buildings shall be designed and incorporated in an
integrated and coordinated manner with regard to building and facade
design.
(2)
Jogs of a minimum of four feet to create visual breaks on the
exterior of a building are required.
(3)
Angled walls, varied widths or enlarged foyer or atrium areas
are encouraged.
(4)
Open balconies and decks are encouraged.
(5)
Distance window wall to window wall that are parallel in the
same building: 65 feet.
(6)
Temporary solid waste and recycling storage shall be provided
on each floor of residential use.
(7)
Storage areas shall be provided on each residential floor for
residential units.
(8)
Entrances for residential uses shall be distinct and separate
from those entrances for nonresidential uses.
B.
Sidewalks. Sidewalks between parking areas and principal structures,
along aisles and driveways and wherever pedestrian traffic shall occur
shall be provided with a minimum width of four feet of passable area
and raised six inches or more above the parking area, except when
crossing streets or driveways. All sidewalks and curbing shall be
in compliance with the applicable provisions of the Americans with
Disabilities Act.
C.
Landscaping.
(1)
Landscaping shall be provided as an integrated element of site
plan design. It shall be provided in public areas adjacent to building,
in parking and loading areas, and around the perimeter of the site.
(2)
Landscaping shall be designed so as to promote a desirable visual
element, to accentuate building design, define entranceways, screen
parking and loading areas, mitigate adverse visual impacts, provide
windbreaks for winter winds, and provide summer cooling for the development.
(3)
Planting and other landscaping material shall be selected in
terms of aesthetic and functional considerations. The landscape design
shall create visual diversity and contract through variation in size,
shape, texture, and color. The selection of plants in terms of susceptibility
to disease and insect damage, wind and ice damage, habitat (wet-site,
drought, sun and shade tolerance), soil conditions, growth rate, longevity,
root pattern, maintenance requirements, etc., shall be considered.
Consideration shall also be given to accenting site entrances and
unique areas with special landscaping treatment.
(4)
Landscaping shall include plant materials such as trees, shrubs,
ground cover, perennials, annuals, and other materials such as rocks,
water, berms, wall fences, and paving materials.
(5)
The use of indigenous/native plant material is to be encouraged
to establish sustainable landscapes that blend with the natural environment
as well as reduce the use of pesticides and irrigation.
(6)
Design of buffers. The following parameters are established
for buffers:
(a)
Arrangement of plantings in buffers shall provide maximum protection
to adjacent properties and avoid damage to existing plant material.
Potential arrangements include planting in parallel, serpentine, or
broken rows.
(b)
If planted berms are used, the maximum side slope shall be 2:1.
(c)
Existing vegetation within the perimeter buffer shall be preserved,
as determined appropriate to the extent practical. It shall be supplemented
with shade-tolerant naturalistic massed plantings where necessary
to complete screening where deemed appropriate.
(d)
Plant materials shall be sufficiently large and planted in such
a fashion to screen parking, refuse, and loading areas.
(e)
Such strips shall be planted with evergreens and deciduous plant
material as deemed appropriate by the reviewing Board.
(f)
All proposed deciduous trees in a perimeter buffer shall be
of a two-and-one-half to three-inch caliper, measured six inches from
grade.
D.
Trash enclosures. Trash and garbage collection areas shall be fully
screened. Enclosures shall be constructed of materials that complement
the architectural style, type, and design of the buildings and the
overall project design.
E.
Loading and unloading areas. Loading and unloading areas shall be
fully screened. Screening materials shall complement the architectural
style, type, and design of the buildings and the overall project design.
Loading areas shall not be located in any front yard.
F.
Outdoor lighting.
(2)
All lighting from fixtures shall be shielded and cut off at
property lines adjoining residential zones. All sky-glow effects shall
be prohibited. The maximum permissible luminary mounting height shall
not exceed 15 feet above ground level.
(3)
The use of creative lighting to highlight building facades and
related areas of a site shall be encouraged. Exterior neon lights
and lighting generating glare shall be prohibited.
(4)
Wherever possible, light poles should be integrated into landscaped
islands.
(5)
Lighting fixtures shall employ energy efficient LED or similar
luminaires into the proposed light standards for the development.
A.
A minimum of 20% of all units shall be set aside for very-low-, low-,
and moderate-income housing.
B.
All affordable units are to be constructed on site.
C.
All very-low-, low- and moderate-income housing units shall be in
conformance with the requirements of the New Jersey Fair Housing Act.
N.J.S.A. 52:27D-301 et seq. (“FHA”); applicable regulations
of the New Jersey Council on Affordable Housing (“COAH”);
applicable requirements of the Courts of the State of New Jersey;
and all applicable regulations on affordability controls and other
regulations of the New Jersey Housing and Mortgage Finance Agency
(“NJHMFA”) including, without limitation, the Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (“UHAC”).
D.
Bedroom distribution of very-low-, low- and moderate-income housing
units. The bedroom distribution of very-low-, low- and moderate-income
units for affordable units constructed in the AH-2 Overlay Zone shall
be as follows:
E.
Very-low-, low- and moderate-income unit split. At least 50% of the
affordable units will be available to very-low-income and low-income
households and the remainder of which will be available to moderate-income
households as defined in the FHA and UHAC and other applicable statutes
and regulations. A minimum of 13% of the affordable units will be
made available to very-low-income households, defined as households
earning 30% or less of the regional median income by household size.
F.
Procedures regarding affirmative marketing of very-low-, low- and
moderate-income units and other requirements of inclusionary development
units are subject to and determined by UHAC and COAH rules or other
rules determined appropriate by the court.
