A. 
The purposes of the Mount Laurel Zoning Districts shall be as follows:
(1) 
In order to satisfy the constitutional obligations of the Township, as set forth by the New Jersey Supreme Court in its Mount Laurel I and Mount Laurel II decisions, greater flexibility in design, layout and construction of residential development must be permitted in order to encourage developers to participate in the Mount Laurel compliance process. The regulations established by this article are intended to promote that purpose and to meet the Township responsibilities to protect and defend its natural resources, ecological systems, open spaces, natural beauty and the value of property within the Township while at the same time providing for its fair share of the regional need for affordable housing.
(2) 
The regulations established by this article are also intended to:
(a) 
Preserve the Township's environmental and natural resources and avoid potential hazards thereto in anticipation of future development.
(b) 
Avoid environmental degradation and its resultant harmful effects upon the public health, safety and welfare.
(c) 
Encourage innovations in housing design and land development techniques and provide for necessary facilities for such developments.
(d) 
Promote compatibility with the Township's zoning plan and pattern of development.
(e) 
Encourage retention and preservation of woodlands, surface water, swamps, aquifer recharge areas, poorly drained soils, floodplains and other open space areas for aesthetic and scenic beauty, passive recreation, rejuvenation of natural resources and preservation of the ecological systems of the Township.
(f) 
Encourage more effective use of land and of public services.
(g) 
Preserve the residential integrity of the Township.
(h) 
Ensure compatibility among various land uses.
B. 
The Planning Board shall be the approving authority for all applications for development under this Part 6.
C. 
In every area zoned for Mount Laurel development, property may be developed in accordance with the provisions of the zoning district regulations cited in the permitted uses of the applicable district, or a developer may elect to participate in the Mount Laurel Compliance Program. A developer shall be eligible to participate upon satisfaction of the following conditions:
(1) 
Proof of ownership or a signed contract of sale of land within Mount Laurel Zoning Districts.
(2) 
A developer's agreement with the Township of Wall stipulating the amount and phasing of the contributions to be made to the Wall Township Affordability Housing Trust Fund.
A. 
Permitted principal uses. In the ML-3 Zone, no site shall be used and no structure shall be erected, altered or occupied for any purpose, except the following:
(1) 
Developments not participating in the Mount Laurel ML-3 program shall conform with the R-30 Zoning District regulations.
(2) 
For developments participating in the Mount Laurel Compliance Program, the following uses are permitted:
(a) 
Single-family detached dwelling units.
(b) 
Multiple-family dwelling units, including townhouses, apartments and flats.
(c) 
Single-family cluster and zero lot line detached dwelling units.
(d) 
Single-family attached dwelling units.
(e) 
Public parks, playgrounds, conservation areas and municipal services and facilities.
B. 
Permitted accessory uses.
(1) 
Common recreational facilities and structures and common open space.
(2) 
Private attached garage with a capacity for garaging not more than two automobiles per unit.
(3) 
Storage sheds attached to and incorporated in the design of individual dwelling units.
(4) 
Signs identifying the name of a development and not exceeding 24 square feet in area, one of which may be located at each entrance to a development from an external street.
(5) 
Fences in perimeter or screening areas or private outdoor areas between dwelling units.
(6) 
Freestanding garages for up to four vehicles.
(7) 
Such other customary accessory uses and structures as may be permitted by the approving authority.
C. 
Compliance with subdivision and site plan standards. A proposed development which qualifies for approval under the Mount Laurel Low- and Moderate-Income Housing Program in the ML-3 Zone shall be subject to all of the requirements of this chapter (Land Use and Development Regulations), as amended and supplemented, except as set forth herein.
D. 
Density and development regulations. Development in the ML-3 Zone shall be subject to the following density and development regulations:
(1) 
Density. Maximum gross density shall not exceed three dwelling units per acre for the entire tract and shall not exceed the following lot area and density standards:
(a) 
Single-family detached dwelling units: minimum lot size of 15,000 square feet per dwelling unit on "developable land" as defined in Subsection D(1)(e) below.
(b) 
Multifamily dwelling units: There shall not be more than six dwelling units constructed for each acre of developable land within the tract as defined in Subsection D(1)(e) below.
(c) 
Single-family cluster and zero lot line detached dwelling units. Density on developable land shall not exceed 4.5 dwelling units per acre, and no lot shall be less than 5,000 square feet.
(d) 
Single-family cluster attached dwelling units. Density on developable land shall not exceed three dwelling units per acre, and no dwelling shall have less than 2,000 square feet of dwelling area, excluding common open space areas.
(e) 
"Developable Land" shall mean contiguous land area(s) within the tract, excluding existing streams, existing bodies of water, wetlands, wetland buffers, flood hazard areas within a one-hundred-year floodplain and slopes greater than 15%. No development of multifamily dwelling units shall be permitted on slopes in excess of 10% slope unless the developer demonstrates that he cannot develop the permitted number of units on slopes of 10% or less. The Planning Board may permit development of residential structures on slopes of 10% to 15% where such development: minimizes overall site disturbance; fosters preservation of existing trees; and/or permits site design, including parking, internal traffic flow and building arrangement in accordance with Wall Township design standards.
(2) 
Impervious coverage. The maximum total impervious coverage shall not exceed 40% of the developable land area.
(3) 
Building coverage. The maximum land coverage by buildings shall not exceed 20% of the developable land area.
(4) 
Building height. The maximum building height of a principal structure shall be 35 feet. The maximum height of a clubhouse shall be 35 feet and maximum height of all other accessory structures shall be 16 feet.
(5) 
Maximum stories. Each building shall be limited to 2 1/2 stories of habitable space and a basement all or more than 50% below grade. Basements shall be used only for storage, utilities, garages or similar nonhabitable uses. Basements shall only be permitted where the seasonal depth to high-water table is two feet or more below the basement floor.
E. 
Regulations for multifamily, single-family cluster detached and single-family cluster attached dwelling unit. Development in the ML-3 Zone shall be on a minimum of 10 acres of developable land and shall be subject to the following requirements:
(1) 
Setbacks.
(a) 
Seventy-five feet from an existing public street or proposed street as designated on the Township Master Plan and 100 feet from an arterial highway (e.g., Routes 18, 138, 35, 70, 71 and 34). Decks and patios are permissible within the setback from an existing public street or proposed street or arterial highway; however, in no case shall a patio area encroach within 50 feet of any such street or highway.
(b) 
Twenty feet from any internal or private street.
(c) 
Twenty feet from an internal parking area or driveway.
(d) 
Forty-five feet from any external tract boundary other than a public street or arterial highway as specified in E(1)(a) above. However, decks and patios are permitted up to 25 feet from an external tract boundary other than a street or highway.
(e) 
Multifamily, quadplex or cluster single-family attached dwellings shall be separated a minimum of 35 feet from any other structure; provided, however, that where structures have glass-to-glass exposure separation shall be 60 feet unless the glass planes are at an angle greater than 15º, in which case 35 feet shall be provided. Said glass planes encompassing an angle greater than 15º, includes angles created by buildings being offset, as well as angles created by the plans of one whole building being oblique to the plane of another.
(f) 
Single-family cluster dwelling units shall be separated by at least 20 feet, unless attached by a common wall. Single-family dwelling units may be joined, however, by walls or fences which enclose private yard areas.
(g) 
Single-family cluster and zero lot line homes shall be reported by a minimum of 15 feet.
(2) 
Dwelling unit storage. No dwelling unit shall contain less than 300 cubic feet of storage space, which may be within attics, garages, basements or cellars, and which shall be in addition to closet space provided within the unit. If within a garage, a rectangle of not less than 10 feet by 20 feet shall remain clear for parking vehicles.
(3) 
Dwelling unit width. No dwelling unit shall be less than 20 feet in width.
(4) 
Open space and recreation areas. A recreation area providing for active recreation facilities such as a pool, court sports, lawn areas, and recreation building may be provided.
(5) 
Buffer areas. A landscaped buffer strip at least 20 feet in width shall be permanently maintained along all exterior/outbound property lines of the tract in accordance with the regulations of § 140-212. The buffer area may include required setback areas. Fences of up to six feet in height are permitted in buffer areas. No patio or deck area shall encroach within required buffer areas.
F. 
Other regulations. Developments in the ML-3 Zone shall be subject to the following regulations, requirements and standards:
(1) 
Number of dwellings within buildings. Not more than four dwelling units shall be contained adjacent to each other on a single plane and not more than eight dwelling units shall be contained within any one building.
(2) 
Front facade. The front facade of any structure containing more than one dwelling unit shall not continue on the same plane for a distance of more than the width of four adjacent units. Offsets between front facade planes shall not be less than four feet.
(3) 
Underground utilities. All utilities shall be installed underground within the driveways, roadways or other easement areas wherever possible.
(4) 
Public water and sanitary sewers. All dwelling units shall be served by public water and sanitary sewer systems.
(5) 
Garbage and recycling facilities. For multifamily dwelling units where individual unit curbside pickup is not provided, garbage, refuse and recyclable storage and collection areas suitable for containerized collection shall be provided in sufficient number and at locations convenient to all dwelling units. Such collection areas shall be screened from view and shall be constructed of masonry, brick or concrete.
(6) 
Open space ownership. Common open space, recreational and other facilities shall be owned, operated and maintained by any recognized legal entity and the maintenance of the facilities shall be the responsibility of the owner and owners.
(7) 
Documentation of homeowners' association and other restrictive documents. All proposed deed restrictions, articles of incorporation or other documents related to the creation of a homeowners' association, trust documents or other deeds or documents to provide for ownership and maintenance of common property and facilities shall be submitted to the board, and to the Board and Township Attorneys for review approval prior to the sale of any home to individual purchasers.
(8) 
Construction easements. In all cases where the maintenance or repair of any wall, fence or other improvement by its owner or his agent would require entering upon an adjacent property, an appropriate easement or right shall be created in favor of the subject owner. All such easements shall be detailed and specific as to required notice and any limitations upon the right of entry and shall provide a specific means of arbitration in the event of disputes.
(9) 
Streets, roads, driveways, parking facilities, walkways streetlights, fire hydrants, drainage facilities and other improvements required by Part 5 or appropriate or necessary to the development shall be installed by and at the expense of the developer, in accordance with the specifications of Part 5 except as modified herein:
(a) 
"Rolled" curbs shall be permitted, in accordance with standards approved by the Township Engineer.
(b) 
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer or homeowners' association.
(c) 
Street intersections (§ 140-233B) shall be spaced not less than 600 feet on collector streets and 500 feet on local streets and 250 feet on intersection roads. Intersections between private streets and those involving driveways or entrances to parking areas are not subject to these requirements but shall instead be based upon standard parking lot requirements as determined by the Township Engineer.
(d) 
Tangents between reverse curves on local and private streets (§ 140-233B) shall be a minimum of four feet unless otherwise provided by the Township Engineer.
(e) 
The maximum length of permanent dead-end or cul-de-sac streets (§ 140-233B) shall be 500 feet. Loop roads are not subject to this requirement.
(f) 
Pedestrian crosswalks (§ 140-236) may be required in blocks over 1,000 feet in length and may be straight or meandering.
(10) 
All internal streets, regular roads and drives within the tract shall, at the option of the Township of Wall, be either private or public and shall be maintained by the body responsible for common areas or by the Township.
(a) 
Internal streets, roads and drives shall have the following minimum pavement widths:
[1] 
With no parking: 24 feet (optional to add three for rolled top curb).
[2] 
With one-side parking: 33 feet (three feet may be part of rolled curb).
[3] 
With two-side parking: 33 feet (three feet may be part of rolled curb).
(b) 
The rights-of-way for all internal public roads shall have a minimum width of 40 feet.
(c) 
If an internal street, road or drive has perpendicular parking, it shall be deemed to be a private drive.
(d) 
The preceding standards for streets, roads and drives do not apply to driveways leading to single or duplex units which shall be governed by the standards for driveways and driveway aprons contained in Part 5, Design Guidelines and Construction Specifications.
(11) 
At least two parking spaces shall be provided for each dwelling unit, at least one of which shall be in an enclosed garage, and guest parking shall be provided at a ratio of one space for every four units. Required guest parking spaces may be provided on driveways leading to attached garages, or parallel parking on internal streets in accordance with Subsection F(10) above or within collective parking lots or areas. All parking spaces shall be within 250 feet of the dwelling unit.
(12) 
All sidewalks shall be a minimum of four feet in width.
(13) 
No driveway shall enter any internal or private street at a point closer than 20 feet to any internal private street intersection, which distance shall be measured between the curbline or the pavement edge or to the intersecting street right-of-way nearest to the driveway in question. Driveways leading to attached and freestanding garages shall have a minimum length of 20 feet not including any part of a pedestrian walkway, common driveway or interior street.
(14) 
A wall may be erected adjacent to the main entrance of the project, provided that the wall is setback at least 25 feet from the existing right-of-way of the public street, provides adequate turning radius for all emergency vehicles, and does not interfere with sight triangles. The wall shall not exceed six feet in height.
(15) 
A gatehouse not to exceed 15 feet in height is permitted, provided that it is setback at least 25 feet from the existing right-of-way of the public street, provides adequate turning radius for emergency vehicles and provided further that the applicant agrees that the gatehouse will be used for security purposes only and will never be dedicated to the public.
G. 
Soil removal. The provisions of § 140-117 pertaining to the removal of soil shall apply to developments in the ML-3 Zone except as follows:
(1) 
The provisions of § 140-117A may be modified to allow the Township Engineer to issue a permit for the removal of subsoil as may be necessary to construct the structures approved by the approving authority.
(2) 
The provisions of § 140-117B may be modified as required by the Planning Board to issue a temporary soil removal permit for the removal of soil, sand or gravel as may be necessary to render the premises suitable for the ML-3 development, for which a site plan or major subdivision plat has been approved. The developer shall adhere to and the Planning Board shall apply the standards of Chapter 188, Soil Removal.
A. 
Purpose. The purpose of the MLC-RAC-2 Zoning District to provide for development of a retirement adult community in accordance with Ordinance 2-1997 as an alternative to the RR Zoning District regulations as part of the Wall Township Mount Laurel Compliance Plan process conditioned upon a voluntary contribution of 85,000 per dwelling unit of senior residential development to the Wall Township Affordable Housing Trust Fund as provided in § 140-282 and approved by a Judgment of Repose on September 24, 1990, and an Amended Consent Order (Docket No. L-027255-87) filed on March 6, 1998, and the Housing Plan Element of the Township of Wall adopted on March 30, 1998.
B. 
Approving authority. The Planning Board shall be the approving authority for all applications for development under this section.
C. 
Eligibility for participation. In every area zoned for MLC-RAC-2 property may be developed in accordance with the provisions of the zone district in which the property was located immediately prior to its inclusion in the Mount Laurel Compliance Plan, or a developer may elect to participate in the Mount Laurel compliance process. A developer shall be eligible to participate in the Mount Laurel compliance process upon satisfaction of the following conditions:
(1) 
Proof of ownership or a signed contract of sale of land within an area zoned for MLC-RAC-2; and
(2) 
The execution of a developer's agreement with the Township of Wall stipulating the amount and phasing of the contributions to be made to the Wall Township Affordable Housing Trust Fund.
D. 
Permitted principal uses. In the MLC-RAC-2 Zone no site shall be used and no structure shall be erected, altered or occupied for any purpose, except the following:
(1) 
Developments not participating in the Mount Laurel Compliance Program shall conform with the RR Zone District regulations as may be applicable.
(2) 
For developments participating in the Mount Laurel Compliance Program, the following uses are permitted: adult community projects, as defined in § 140-287, consisting only of single-family detached units.
E. 
Definition of adult community project (ACP).
(1) 
An adult community project (ACP) is a private residential community comprised of various housing types and accessory uses intended for, and limited and restricted to, use and occupancy by:
(a) 
Any person of the age of 55 years or over; or
(b) 
A husband or wife, regardless of age, residing with his or her spouse, provided the spouse of such person is of the age of 55 years or over; or
(c) 
A child or children residing with a permissible occupant, provided the child or children is or are of the age of 19 years or older; or
(d) 
An individual or individuals, regardless of age, residing with and providing physical or economic support to a permissible occupant.
(2) 
The foregoing occupancy restrictions shall not be construed to prohibit the occupants of any unit in an ACP from entertaining guests, of any age, in their units, including temporary residency not to exceed three months, with no financial or other pecuniary consideration to be paid therefor.
F. 
Minimum tract size. An ACP may only be developed on one or more contiguous parcels of land having a total gross area of not less than 50 acres.
G. 
Permitted principal uses. The principal uses of buildings in an ACP shall be limited to the following:
(1) 
Single-family detached units, provided that they comply with the area and bulk zoning requirements of this section.
(2) 
Recreation facilities permitted under this section.
(3) 
Sales and administrative offices required for the construction, sale, resale and management of the ACP.
H. 
Permitted accessory uses. The accessory uses of buildings and structures in an ACP shall be limited to the following:
(1) 
Master television antenna system and/or cable television antenna/reception facilities.
(2) 
Common parking areas for guest parking or dedicated for specific parking purposes such as recreational vehicle and trailer parking.
(3) 
Buildings for storage of vehicles, equipment and supplies.
(4) 
Outbuildings and structures as part of the recreation facilities.
(5) 
Public and private parks and gardens.
(6) 
Private greenhouses.
(7) 
Private swimming pools.
I. 
Permitted accessory uses for dwelling units. Accessory uses on the same single-family residential lot and customarily incidental to the permitted principal use shall be permitted, including:
(1) 
Private attached garage with a capacity for garaging two vehicles per unit.
(2) 
Storage sheds attached to and incorporated in the design of individual dwelling units.
(3) 
Fences.
(4) 
Decks, patios, gazebos and screened porches.
(5) 
Such other customary accessory uses and structures as may be permitted by the approving authority.
J. 
Bulk requirements. The following bulk requirements shall be applicable to the MLC-RAC-2 Zone:
(1) 
Open space, coverage, and density requirements. The following requirements shall apply to any ACP:
(a) 
Maximum building coverage: 25% of gross area of ACP tract.
(b) 
Maximum building density: 3.6 units per gross acre of ACP tract; subject, however, to the condition that a maximum of 180 dwelling units shall be permitted in the ACP.
(c) 
Minimum open space: 30% of gross area of ACP tract. For purposes of this requirement, "open space" shall mean those portions of the ACP tract not covered by buildings, structures of any kind, streets or other surfaces paved with impervious materials. Open space on individual lots shall be calculated based on the assumed maximization of impervious and building coverage permitted on each lot.
(2) 
Bulk requirements. The following bulk requirements shall apply to the individual dwelling units in an ACP:
(a) 
All detached units to be constructed on individual lots in an ACP shall comply with and conform to the following requirements:
[1] 
Minimum lot area:
[a] 
Corner lot: 6,000 square feet.
[b] 
Interior lot: 5,000 square feet.
[2] 
Minimum lot width and frontage:
[a] 
Corner lot: 70 feet.
[b] 
Interior lot: 50 feet.
[c] 
In the case of an irregularly shaped lot, the minimum lot frontage may be reduced to 60% of the minimum requirement.
[3] 
Minimum lot depth: 100 feet, 125 feet along the Garden State Parkway.
[4] 
Minimum setbacks:
[a] 
Front yard measured from lot line: 25 feet. Lot lines shall be established at points equidistant from the center line of the paved cartway.
[b] 
One side yard: 5 feet.
[c] 
Combined side yards: 15 feet.
[d] 
Rear yard: 20 feet.
[5] 
Minimum distance between buildings: 15 feet.
[6] 
Maximum impervious coverage: 50%.
[7] 
Maximum building coverage: 41%.
(b) 
Minimum parking requirements:
[1] 
Each detached unit shall include one attached garage space and two off-street parking spaces, for a total of three spaces.
[2] 
A private driveway with capacity for off-street parking of two automobiles shall be deemed to constitute two parking spaces.
[3] 
Each two-car garage driveway shall have a curb cut of a minimum of 18 feet. Each one-car garage driveway shall have a curb cut of a minimum of 12 feet.
[4] 
Each driveway shall be set back a minimum of five feet from side property lines.
(c) 
Decks, patios, porches: A deck, patio or screened porch shall be permitted within 10 feet of any rear yard line and five of any side yard line.
(d) 
Maximum building height: 35 feet/2 1/2 stories.
(e) 
Minimum accessory building setbacks and maximum height:
[1] 
Side yard: 10 feet.
[2] 
Rear yard: 10 feet.
[3] 
Maximum height: 16 feet and one story.
K. 
Utilities. An ACP must be fully serviced by public water service and sanitary sewerage systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to the systems.
L. 
Required recreation facilities. Any ACP shall contain and provide for the benefit, use and enjoyment of its residents the following recreation facilities:
(1) 
A recreation area containing a recreation building or clubhouse equal in size to 15 square feet for each dwelling unit in the ACP.
(2) 
A swimming pool of a minimum size of 30 x 50 feet, with an adjacent improved sitting area surrounding all sides of the pool with an aggregate area equal to twice the water surface area of the pool.
(3) 
Parking facilities serving the recreation area, with a minimum number of parking spaces equal to one space for each 50 square feet of area comprising the recreation building.
(4) 
Picnic/barbecue areas with a minimum size of 10 square feet for each dwelling unit in the ACP.
(5) 
One tennis court for each 90 dwelling units in the ACP.
M. 
Optional recreation facilities. An ACP may contain the following facilities for the benefit, use and enjoyment of its residents:
(1) 
Paddle tennis courts.
(2) 
Jogging trail.
(3) 
Fitness/exercise courses.
(4) 
Gardening areas (including greenhouses).
(5) 
Boccie courts.
(6) 
Shuffleboard courts.
(7) 
Such other activities which the Planning Board shall find to be consistent with the life-style of residents of an ACP and which are subordinate to the residential character of an ACP.
N. 
Ownership of recreation facilities. All recreation facilities shall be owned by a homeowners' association as defined herein.
O. 
Setback and distance measurements. Building setbacks and minimum distances between all buildings shall be measured from lot lines (and not from street lines) to building foundation lines, excluding foundations for fireplaces, porches and other exterior protrusions of a building which do not protrude beyond six feet from the building foundation line.
P. 
Perimeter boundary setbacks. No buildings or structures, other than entrance gatehouses, walls or fences, shall be located within the minimum distances as follows:
(1) 
Along the Garden State Parkway, a minimum of 40 feet shall be maintained between the Garden State Parkway right-of-way and any principal structure as defined above.
(2) 
Along the border with Howell Township and Brick Township, a minimum distance of 60 feet between principal dwellings in Howell Township or Brick Township and principal dwellings in Wall Township shall be maintained. In all events, the rear yard setback requirement of this section shall be maintained regardless of the satisfaction of the minimum distance between principal dwellings.
Q. 
Homeowners' association; recorded covenants. Any ACP shall be governed and regulated by on or more recorded declarations of covenants and restrictions (C&R's) which shall provide for and create one or more incorporated membership organizations under Title 15 of the New Jersey Statutes in which all unit owners in the ACP shall be required to be members of the homeowners' association.
(1) 
The C&R's shall provide for:
(a) 
The ownership, maintenance, operation and upkeep of all recreation facilities, open space, streets and other common areas within the ACP by the homeowners' association;
(b) 
The restrictions on unit occupancy set forth in Subsection E;
(c) 
The procedure for creating, imposing and collecting assessments from each unit owner to finance the foregoing; and
(d) 
The organization, operation and management of the homeowners' association.
(2) 
A complete copy of the proposed C&R's and all documents creating and organizing the homeowners' association shall be submitted to the Planning Board for review and approval with the first application for final subdivision and/or site plan approval submitted for the ACP or the first section thereof.
R. 
Streets and roads. All streets and roads in an ACP shall conform to the provisions of Part 5 of this chapter, except as hereinafter specifically provided, provided that the developer-applicant of an ACP shall expressly condition the preliminary subdivision and/or site plan approval of the ACP upon all streets and roads within the ACP being privately owned and maintained by the homeowners' association in perpetuity, such streets and roads shall be constructed in accordance with Part 5, except as follows:
(1) 
Rolled or Belgian block curbs shall be permitted in accordance with standards approved by the Township Engineer.
(2) 
Maintenance or open space areas shall be the responsibility of the developer or homeowners' association.
(3) 
Street intersections shall conform with § 140-233B. Intersections between private streets and those involving driveways or entrances to parking areas area not subject to these requirements but shall instead be based upon standard parking lot requirements as determined by the Township Engineer.
(4) 
Tangents between reverse curves on local and private streets shall be a minimum of 40 feet unless otherwise provide for by the Township Engineer.
(5) 
The maximum length of permanent dead-end or cul-de-sac streets shall be 600 feet. Loop roads are not subject to this requirement.
(6) 
Pedestrian crosswalks may be required in blocks over 1,000 feet in length and may be straight or meandering.
(7) 
All streets and roads within the tract shall be private streets and shall have a minimum pavement width of 36 feet.
(8) 
All sidewalks shall be a minimum of four feet in width; provided, however, that where sidewalks are adjacent to parking lots, the minimum width shall be five feet six inches.
(9) 
No driveways shall enter any internal or private streets at a point closer than 30 to any internal or private street intersection, which distance shall be measured between the curbline or the pavement edge of the intersecting street nearest to the driveway in question.
(10) 
All internal private streets shall have a minimum right-of-way width of 50 feet.
(11) 
Sidewalks of four feet in width shall be provided on both sides of all streets and will be located beginning three feet from the curb face, with a grass strip between the curbline and the sidewalk.
(12) 
The minimum center-line radius for streets shall be 100 feet, provided that no on-street parking shall be permitted on any loop road around the recreation complex.
S. 
Drainage. All on-site drainage shall be provided for in accordance with the Township of Wall storm drainage requirements and applicable Township ordinances pertaining to subdivision and development of lands.
T. 
Driveways, walks and parking areas. There shall be provided a safe and convenient system of driveways, walks and parking areas. Due consideration shall be given in planning walks, ramps and driveways to prevent slipping or stumbling.
U. 
Look-alike restriction.
(1) 
Except as hereinafter provided, not more than one building permit shall be issued for any dwelling to be erected in the ACP if it is substantially alike in exterior design and appearance with any neighboring dwelling. A building or structure shall be deemed to be a neighboring dwelling if it is on the lot which is the first lot next along any street, and in addition thereto, any lot which is directly across a street.
(2) 
Neighboring dwellings, as hereinabove defined, shall be considered substantially alike in exterior design and appearance if they are not different in at least three of the following six respects:
(a) 
The relative location of a garage porch or any other such structural appurtenance with respect to the facade.
(b) 
The relative location or type of windows and doors.
(c) 
The type of roof, with respect to any appurtenances, configuration, or pitch.
(d) 
The type or color of siding material.
(e) 
The type of roofing material or the color or the pattern thereof.
(f) 
Orientation of the building when viewed from a single viewing point.
V. 
Procedures for approval of ACP. Any developer applicant proposing to develop an ACP shall make application to the Planning Board for approval of a preliminary subdivision or site plan pursuant to N.J.S.A. 40:55D-1 et seq.
W. 
No municipal responsibility for operations. Neither the provisions of this section, nor the granting of subdivision or site plan approval for an ACP shall be deemed to render the Township liable or responsible for:
(1) 
The interpretation or enforcement of any agreement between the applicant, developer, owner or operator of the ACP and any resident or residents thereof;
(2) 
The review, supervision or control of the operation of an ACP or any phase thereof; or
(3) 
The installation of any services of any kind involving utilities to serve an ACP; provided, however, that the Township shall retain the right to enforce the terms and provisions of this chapter and all other ordinances of the Township of Wall applicable thereto.
X. 
Other regulations. All other regulations contained in this Chapter 140, Land Use and Development Regulations, not specifically modified herein, shall apply to development in the MLC-RAC-2 Zone.
The MLC-8A Zoning District consists of a portion of Lot 8 in Block 263 which was granted use variance approval by the Board of Adjustment on November 7, 1990, for 104 attached housing units known as "Ashford Manor (Cove B)" on 26.20 acres yielding a density of eight dwelling units per acre (eight DU/acre) in accordance with general design standards contained in Part 5 and conditioned upon a voluntary contribution of $210,000 ($2,019 per unit) to the Wall Township Affordable Housing Trust Fund in accordance with Ordinance 26-1985, adopted December 11, 1985, and Ordinance 13-1986 adopted on July 23, 1986; approved in the Housing Plan Element and Fair Share Plan of the Township of Wall adopted August 1, 1988, and amended on February 13, 1990, and November 26, 1990; and approved by a Judgment of Repose on September 24, 1990, and the first amendment thereto filed on December 11, 1990.
The ML-8B Zoning District consists of Block 274, Lots 20 and 21, which was granted use variance approval by the Board of Adjustment for 67 senior low- and moderate-income senior rental apartment units known as "Allaire Crossing" and 102 single-family attached townhouse units known as "Allaire Manor" on 24.84 acres yielding a density of eight dwelling units per acre in accordance with general design standards contained in Part 5, and as approved in the Housing Plan Element and Fair Share Plan of the Township of Wall adopted August 1, 1988, and amended on February 13, 1990, and November 26, 1990, and approved by a Judgment of Repose on September 24, 1990, and amendments thereto.
The MLC-3 Zoning District consists of Block 801, Lot 2, which was granted a use variance approval by the Board of Adjustment on December 16, 1987, for 11 single-family attached housing units known as "Neighbor" on 3.60 acres yielding a density of three dwelling units per acre in accordance with general design standards contained in Part 5 and conditioned upon the maintenance of a twenty-percent set-aside or, in the event the Township adopted a development fee ordinance, the payment of a fee in accordance with the ordinance. The Township adopted a voluntary development fee ordinance (Ordinance 34-1987) on December 9, 1987, which permitted Neighbor and other developers that had obtained a variance on the basis of Mount Laurel considerations to satisfy their Mount Laurel responsibilities via the payment of a fee for each such unit constructed in their exclusively market projects. Ordinance 34-1987 and the variance approval of Neighbor is included in the Fair Share Plan and contemplated by the Housing Plan Element approved by the Court on September 24, 1990. The MLC-3 designation memorializes the Board of Adjustment approval.
The MLC-7 Zoning District consists of Block 190, Lot 5, which was granted use variance approval by the Board of Adjustment on October 15, 1986, for 12 single-family attached housing units known as "Westgate" on 1.13 acres yielding a density of seven dwelling units per acre in accordance with general design standards contained in Part 5 and conditioned upon the maintenance of a twenty-percent set-aside or, in the event the Township adopted a development fee ordinance, the payment of a fee in accordance with the ordinance. The Township adopted a voluntary development fee ordinance (Ordinance 34-1987) on December 9, 1987, which permitted Westgate and other developers that had obtained a variance on the basis of Mount Laurel considerations to satisfy their Mount Laurel responsibilities via the payment of a fee for each such unit constructed in their exclusively market projects. Ordinance 34-1987 and the variance approval of Westgate is included in the Fair Share Plan and contemplated by the Housing Plan Element approved by the Court on September 24, 1990. The MLC-7 designation memorializes the Board of Adjustment approval.
A. 
Permitted principal uses. In the ML-8A Zone, no premises shall be used and no structure shall be erected, altered or occupied for any purposes except the following:
(1) 
Any principal use permitted in the prevailing or underlying zone.
(2) 
Townhouses.
(3) 
Patio homes.
(4) 
Quadplexes.
(5) 
Zero lot line homes.
(6) 
Multifamily structures of up to an average of six units per building with a minimum of three and a maximum of eight units per building, with up to four units on the first floor and up to four units on the second floor or up to eight units on the ground floor only.
(7) 
Single-family cluster detached dwelling units.
(8) 
Single-family cluster attached dwelling units.
(9) 
Public parks, playgrounds, conservation areas, and municipal services and facilities.
B. 
Permitted accessory uses.
(1) 
Common parking areas.
(2) 
Common recreational facilities and structures and common open space.
(3) 
Private attached garage with a capacity for garaging not more than two automobiles per unit.
(4) 
Storage sheds attached to and incorporated in the design of individual dwelling units.
(5) 
Signs identifying the name of a development and not exceeding 48 square feet in area, one of which may be located at each entrance to a development from an external street.
(6) 
Fences in perimeter or screening areas or private outdoor areas between dwelling units.
(7) 
Such other customary accessory uses and structures as may be permitted by the approving authority. All structures accessory to dwelling units shall be attached to the dwelling unit to which they are accessory. Any common storage facility shall be attached to a common building rather than freestanding.
C. 
Compliance with site plan standards, subdivision standards and zoning regulations. A development which qualifies for approval under the Mount Laurel compliance process in the ML-8A Zone shall be subject to all the requirements and development standards of this chapter, except as those requirements or standards shall be modified by this section, and except that the following regulations and standards shall not apply to MLD-8 developments:
(1) 
Section 140-111, Principal building frontage on public street.
(2) 
Section 140-121, Housing facade diversity.
(3) 
Subsection 140-91, pertaining to performance guarantees.
(4) 
Waiver of improvements in accordance with this chapter.
D. 
Maximum regulations. Development in the ML-8A Zone shall be subject to the following maximum regulations:
(1) 
Density. There shall not be no more than eight dwelling units constructed upon each acre of developable land within the tract, excluding streams, bodies of water, wetlands, flood hazard areas and slopes greater than 15%. The arrangement of dwelling units on the site shall be such that there is at least a full acre of developable land which can be assigned exclusively to each eight dwelling units. Each such acre shall be capable of being defined by a line subscribed around its eight dwelling units, which line shall close.
(2) 
Impervious surfaces. The maximum total impervious surface, including buildings, shall be 50% of the developable area of the tract.
(3) 
Lot coverage. The maximum lot coverage by building shall be 30% of the developable area of the tract.
(4) 
Building height. The mean building height of a principal structure shall be 35 feet with a maximum height of 40 feet. The mean building height of accessory structures shall be 16 feet. "Mean" height shall be defined as the average elevation of all outside corners of a structure from final grade to the highest point of the roof.
(5) 
Maximum stories. Each building shall be limited to two stories plus an attic above grade and a basement which must be all or partly below grade. Attics and basements shall be used only for storage, utilities, garages or similar uses.
E. 
Minimum regulations. Development in the ML-8A Zone shall be on a minimum of six acres and shall be subject to the following minimum regulations:
(1) 
Setbacks:
(a) 
Fifty feet from an existing public street or proposed collector street as designated on the Master Plan.
(b) 
Twenty feet from any internal street.
(c) 
Ten feet from an internal collective parking area or driveway.
(d) 
Thirty-five feet from any internal tract boundary, except where the boundary borders a single-family lot on which an existing residential dwelling is located less than 50 feet from the common external tract boundary, in which case the setback shall be 50 feet from the external tract boundary.
(e) 
Seventy-five feet from any other structure;
(f) 
Single-family dwelling units shall be separated by at least 10 feet, unless attached by a common wall. Single-family dwelling units may be joined, however, by walls or fences which enclose private yard areas.
(2) 
Dwelling unit size. No residential dwelling unit on a single floor shall contain less than 1,000 square feet of habitable space. No residential dwelling unit of more than one story shall contain less than 1,400 square feet of habitable space.
(3) 
Dwelling unit storage. No dwelling unit shall contain less than 300 cubic feet of storage space, which may be within garages, basements or cellars, and which shall be in addition to closet space provided with the unit. If within garages, a rectangle of not less than 10 feet by 20 feet shall remain clear for parking vehicles.
(4) 
Dwelling unit width. No dwelling unit shall be less than 20 feet in width and the average width of all dwelling units within a development shall not be less than 22 feet. If unit is at least 55 feet in length, it may be 18 feet in width and the average width of such units shall be 20 feet.
(5) 
Dwelling unit characteristics. Each dwelling unit shall contain, at a minimum, a separate living room, a separate bedroom, a separate bathroom, and a kitchen which shall be located separate and apart from other rooms, with the exception of a dining area.
(6) 
Open space and recreation areas. Active and passive recreational and open space areas shall be provided and shall include suitable landscaping and sitting and walking areas.
(7) 
Buffer areas. A landscaped buffer strip at least 25 feet in width shall be permanently maintained along all property Lines of the tract, in accordance with the regulations of § 140-212. The buffer area may include required setback areas.
F. 
Other regulations. Developments in the ML-8A Zone shall be subject to the following regulations, requirements and standards:
(1) 
Not less than three or more than eight dwelling units with a average of not more six units shall be contained within any one building which contains more than one dwelling unit.
(2) 
The front facade of any structure containing more than one dwelling unit shall not continue on the same plane for a distance of more than the width of four adjacent units. Offsets between front facade planes shall not be less than four feet no more than 20 feet.
(3) 
All utilities shall he installed underground and the charges for all utilities, including streetlighting, shall be borne by the homeowners' association.
(4) 
All dwelling units shall be served by public water and sanitary sewer systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to municipal sewer and water systems.
(5) 
Garbage and refuse storage and connection area suitable for containerized collection shall be provided in sufficient number and at locations convenient to all dwelling units. Such areas shall be screened from view on three sides by solid fence, walls or other suitable materials.
(6) 
Garbage and refuse collection shall be provided and maintained by the body responsible for internal streets and other common facilities.
(7) 
Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required by Part 5 or appropriate or necessary to the development shall be installed by and at the expense of the developer, in accordance with the specifications of Part 5, except as modified herein:
(a) 
Rolled curbs shall be permitted, in accordance with standards approved by the Township Engineer.
(b) 
If rolled curb is provided concrete gutters (§ 140-233) shall not be required.
(c) 
Storm sewer design (§ 140-244) may be in accordance with the USDA method, subject to the approval of the Township Engineer.
(d) 
Storm drain pipes (§ 140-244B) may be installed under curbs in streets to be privately maintained.
(e) 
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer and his successors in title.
(f) 
Street intersections (§ 140-233B) shall be spaced not less than 600 feet on collector streets, 500 feet on local streets and 250 feet on internal roads.
(g) 
Tangent between reverse curves on local streets (§ 140-233B) shall be 40 feet.
(h) 
The maximum length of permanent dead-end streets (§ 140-233B) shall be 500 feet.
(i) 
Pedestrian crosswalks (§ 140-236) may be required in blocks over 1,000 feet long and may be straight or curvilinear.
(j) 
All streets and roads within the tract shall be private streets and shall be maintained by the body responsible for common areas. Rights of access and enforcement shall be formally granted to the Township.
(k) 
Internal streets (§ 140-233B) shall have the following minimum pavement widths:
[1] 
With one-side parking 33 feet (three feet may be part of rolled curb).
[2] 
With two-side parking 36 feet (three feet may be part of rolled curb).
[3] 
An additional right-of-way of five feet shall be provided on both sides of any street, measured from the curb.
(l) 
At least two parking spaces shall be provided to each dwelling unit, at least one of which spaces shall be in an attached garage. In addition, guest parking shall be provided at the ratio of one space for every four units. Required parking spaces may be provided in any combination: within attached garages, on driveways leading to attached garages, parallel parking on internal streets, or within collective parking lots or areas. At least one parking space for each dwelling unit shall be within 100 feet of that dwelling unit measured alone the route reasonably expected to be used to walk from the dwelling unit to the parking space. Where driveways are utilized to meet parking requirements, integrity and function of pedestrian walkways shall be maintained.
(m) 
Common open space, recreational or other facilities may be owned, operated and maintained in any recognized legal capacity and the maintenance of such facilities shall be the responsibility of the owner or owners.
(n) 
All dwelling units shall be constructed to be offered for sale on a fee simple or condominium basis, subject to such restrictions and covenants as may be required to establish common rights and responsibilities.
(o) 
All proposed deed restrictions, articles of incorporation or other documents related to the creation of a homeowners' association, trust documents or other deeds or documents or other deeds or documents to provide for ownership and maintenance of common property and facilities shall be submitted to the Township for review by the Township Attorney prior to final approval of any subdivision or site plan.
(p) 
In all cases where the maintenance or repair of any wall, fence or other improvement by its owner or his agent would require entry upon an adjacent property, an appropriate easement or right-of-way shall be created in favor of the subject owner. All such easements shall be detailed and specific as to required notice and any limitations upon the right of entry and shall provide a specific means of arbitration in the event of disputes.
G. 
Waivers or modifications of standards and requirements. The approving authority may grant waivers or modifications of any improvement requirements or standards of this section or Part 4 if appropriate and warranted by the facts and circumstances of each particular development and if recommended by the Township Engineer. The resolution of approval shall specifically state the reasons for any such waivers or modifications.
H. 
Soil removal. The provisions of § 140-117 of this chapter pertaining to the removal of soil shall apply to developments in the ML-8A Zone as modified as follows:
(1) 
The provisions of § 140-117A shall be modified to authorize the Planning Board to issue a temporary soil removal of subsoil as may be necessary to construct the structures approved by the approving authority.
(2) 
The provisions of § 140-117B shall be modified to authorize the Planning Board to issue a temporary soil removal permit for the removal of soil, sand or gravel as may be necessary to render the premises suitable for the ML-8A development, for which a site plan or major subdivision plat has been approved. The Planning Board shall apply the standards of Chapter 188, Soil Removal.
I. 
Performance guarantee. In the ML-8A Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
J. 
Maintenance guarantee. In the ML-8A Zone, the provisions of § 140-93 with respect to the maintenance guarantees shall apply.
K. 
Improvements required prior to issuance of certificate of occupancy. In the ML-8A Zone, the provisions of 140-286I shall apply with respect to the issuance of certificates of occupancy.
(1) 
No permanent certificate of occupancy shall be issued for any use or building until all required improvements are installed and approved by the Township Engineer or other appropriate authority.
(2) 
No temporary certificate of occupancy shall be issued for any use or building unless the Township Engineer shall have, where applicable, certified to the following:
(a) 
Utilities and drainage: All utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed and service to the lot, building or use from such utilities shall be available.
(b) 
Street rights-of-way: All street rights-of-way necessary to provide access to the lot, building or use in question shall have been completely graded and all slope-retaining devices or slope planting shall have been installed.
(c) 
Sidewalks: All sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed.
(d) 
Streets: Curbing, and the bituminous base course of bituminous concrete streets necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
(e) 
Curbing and parking areas: Curbing and the bituminous base course of parking areas necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
(f) 
Obstructions: All exposed obstructions in parking areas, access drives or streets such as manhole frames, water boxes, gas boxes and the like shall be protected by building to the top of such exposures with bituminous concrete as directed by the Township Engineer.
(g) 
Screening, fences, and landscaping: All required screening, fencing and/or landscaping related to the lot, building or use in question shall have been properly installed, unless the Township Engineer shall direct the developer to delay the planting of screening and landscaping until the next planting season in order to improve the chances of survival of such plantings.
(h) 
Site grading: All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.
(i) 
Public water supply: Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved. However, the public water supply shall not be used to supply outdoor sprinkler systems.
(j) 
Lighting: All outdoor lighting shall have been installed and shall be operational.
(k) 
Street signs and traffic control devices: All street signs, paint lining and/or traffic control devices affecting the proposed lot, building, or use, and required under the terms of approval of a subdivision or site plan or by federal, county, or municipal rules, regulations, or laws, shall have been installed.
(l) 
Performance guarantee: The Engineer shall have received a statement signed by the developer and any entity providing any performance guarantee, which contains language identical or similar to the following: "The issuance of any certificate of occupancy (temporary or permanent) shall not be a basis for any claimed reduction in any performance guarantee."
(m) 
Other: Any other conditions established for issuance of a certificate of occupancy by the Planning Board as a condition of final site plan or subdivision approval shall be complied with.
(n) 
Temporary certificates of occupancy shall be issued for a specified period of time, not to exceed one year.
L. 
Inspection fees. The provisions of § 140-60, pertaining to inspection fees in all developments in the ML-8A Zone.
M. 
Application fees. An application shall not be deemed complete unless it is accompanied by an application fee for the entire development in the amount of $1,000, plus $125 per unit for the first 25 units, plus $35 per unit for the next 75 units, plus $20 per unit for each unit over 100 units.
N. 
Revision fees. An additional fee in the amount of 50% of the application fee up to a maximum of $3,500 shall be paid if revision of the preliminary plat or site plan requires further consideration at a Planning Board hearing. If revision of the preliminary plat or site plan does not require further consideration at a Planning Board hearing, an additional fee in the amount of 20% of the application fee up to a maximum of $l,500 shall be paid.
The MLC-8 Zoning District consists of Block 352, Lot 3, known as "Govel (Southport)" which was granted a use variance approval by the Board of Adjustment in September 1986 for 30 single-family attached housing units on 3.90 acres yielding a density of eight dwelling units per acre in accordance with general design standards contained in Part 5 and conditioned upon the maintenance of a twenty-percent set-aside or, in the event the Township adopted a development fee ordinance, the payment of a fee in accordance with the ordinance. The Township adopted a voluntary development fee ordinance (Ordinance 34-1987) on December 9, 1987, which permitted Southport and other developers that had obtained a variance on the basis of Mount Laurel considerations to satisfy their Mount Laurel responsibilities via the payment of a fee for each such unit constructed in their exclusively market projects. Ordinance 34-1987 and the variance approval of Southport is included in the Fair Share Plan and contemplated by the Housing Plan Element approved by the Court on September 24, 1990. The MLC-8 designation memorializes the Board of Adjustment approval.
The MLC-9 Zone consists of Block 273, Lot 9, known as "Old Mill Manor" which was granted a use variance approval by the Board of Adjustment in September 1986 for 15 single-family attached housing units on 1.6 acres yielding a density of 9.2 dwelling units per acre in accordance with Part 5 and conditioned upon the maintenance of a twenty-percent set-aside or, in the event the Township adopted a development fee ordinance, the payment of a fee in accordance with the ordinance. The Township adopted a voluntary development fee ordinance (Ordinance 34-1987) on December 9, 1987, which permitted Old Mill Manor and other developers that had obtained a variance on the basis of Mount Laurel considerations to satisfy their Mount Laurel responsibilities via the payment of a fee for each such unit constructed in their exclusively market projects. Ordinance 34-1987 and the variance approval of Old Mill Manor is included in the Fairs Share Plan and contemplated by the Housing Plan Element approved by the Court on September 24, 1990. The MLC-9 designation memorializes the Board of Adjustment approval.
[Amended 10-12-2005 by Ord. No. 31-2005]
A. 
Permitted principal uses. In the MLCC Zone, no premises shall be used and no structure shall be erected, altered or occupied for any purposes except the following:
(1) 
Developments not participating in the Mount Laurel program shall conform with the R-10 Residential Zone;
(2) 
For developments participating in the Wall Township Mount Laurel Program the following uses are permitted:
(a) 
Congregate care and assisted living residential facilities located in multifamily structures containing individual living units which provide for and comply with the "Standards for Assisted Living Residences" contained in N.J.A.C. 8:36-3 et seq.
(b) 
Multifamily structures containing flats or apartment units of up to 12 units per building; provided, however, that not more than six units shall be on each floor.
B. 
Permitted accessory uses.
(1) 
Common parking areas.
(2) 
Common storage structures and facilities subject to the same limitations and requirements as the principal structures.
(3) 
Common open space and recreational facilities and structures subject to the same limitations and requirements as the principal structures.
(4) 
Private attached garages with a capacity for garaging nor more than two automobiles per dwelling unit subject to the same limitations and requirements as the principal structures.
(5) 
Signs in accordance with the Wall Township sign regulations contained in Article XXIX.
(6) 
Fences in accordance with the Wall Township fence regulations contained in § 140-206.
(7) 
Support facilities, functions and services intended for the use and benefit of congregate care residents and their guests including:
(a) 
Indoor and outdoor recreational facilities.
(b) 
Physical therapy facilities.
(c) 
Entertainment facilities.
(d) 
Libraries.
(e) 
Food preparation facilities.
(f) 
Dining facilities.
(g) 
Linen service facilities.
(h) 
Housekeeping service.
(i) 
Security facilities, administrative offices, storage facilities, chapels, and facilities for the temporary lodging of guests.
C. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein, applications for development in the MLCC Zone shall follow and be subject to the applicable ordinances, procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review and other applicable ordinances which are incorporated herein by reference.
D. 
Maximum regulations. Congregate care and multifamily development in the MLCC Zone shall be subject to the following maximum regulations:
(1) 
Density. The gross density shall be no more than 20 dwelling units per acre with:
(a) 
Not more than 45% of the site area developed for congregate care housing at a net density of no more than 30 dwelling units per acre; and
(b) 
Not more than 55% of the site area developed for multifamily housing at a net density of no more than 12 dwelling units per acre.
(2) 
Lot area. The minimum lot area for congregate care or multifamily development shall be four acres.
(3) 
Building coverage. The maximum building coverage, including accessory buildings, shall be:
(a) 
Fifteen percent for multifamily development; and
(b) 
Twenty percent for congregate care development.
(4) 
Impervious surfaces. The maximum total impervious surface, including pavement and buildings, shall be:
(a) 
Forty percent for multifamily development; and
(b) 
Forty-five percent for congregate care development.
(5) 
Floor area ratio. The maximum floor area ratio, including principal and accessory buildings, shall be:
(a) 
0.30 for multifamily development; and
(b) 
0.35 for congregate care development.
(6) 
Building height. Building height shall be a maximum of 35 feet as set forth in § 140-17, Definitions. Buildings within 150 feet of any single-family residential zoning district shall be limited to two stories plus a basement and an attic. A basement or an attic may not be used for habitation and shall be used only for storage, utilities or similar uses. Congregate care structures and multifamily dwelling unit buildings more than 150 feet from any single-family residential zone shall be limited to three stories.
E. 
Minimum regulations. Congregate care and multifamily development in the MLCC Zone shall be subject to the following minimum regulations:
(1) 
Set back requirements for buildings.
(a) 
From an existing public street: 100 feet.
(b) 
From an internal road: 25 feet.
(c) 
From any internal parking access road: 25 feet.
(d) 
From any internal parking area: 15 feet.
(e) 
From any residential property line: 65 feet.
(f) 
From any nonresidential property line: 30 feet.
(g) 
From any other structure: 25 feet, provided that when buildings have glass-to-glass proximity, a minimum of 50 feet shall be provided unless the glass planes are at more than a fifteen-degree angle from one another.
(h) 
From any wetlands transition area: 15 feet.
(2) 
Multifamily dwelling unit storage. Multifamily dwelling units containing two or more bedrooms shall provide for not less than 300 cubic feet of storage space, which space may be in basements or cellars or in an external storage area attached to the unit and which shall be in addition to closet space provided within the unit.
(3) 
Dwelling unit width.
(a) 
No multifamily dwelling unit shall be less than 20 feet in width.
(b) 
No congregate care unit shall be less than 12 feet in width.
(4) 
Multifamily dwelling unit characteristics. Each multifamily dwelling unit shall contain, at a minimum, a separate bedroom, a separate bathroom and a kitchen, which shall be located separate and apart from other rooms, with the exception of a dining area. The bedroom mix of dwelling units shall be in conformance with this section or a developer's agreement approved by the Court.
(5) 
Open space and recreation areas. Active and passive recreational and open space areas shall be provided and shall include suitable landscaping, sitting and walking areas, horseshoe and boccie courts, field areas, swimming pool, a tot-lot, and/or court sport facilities.
(6) 
Buffer areas. Landscaped buffer strips shall be permanently maintained in accordance with the following regulations. The buffer area may be included in required setback areas and in required wetland transition areas;
(a) 
Buffer location and depth. Buffers shall be maintained as follows:
[1] 
Where the tract abuts an existing nonresidential use or zone, a buffer strip at least 25 feet in width; and
[2] 
Where congregate care or multifamily development abuts a single-family residential use or zone, a buffer strip at least 50 feet in width; and
[3] 
Where congregate care and multifamily development abut, a buffer strip a least 30 feet in width.
(b) 
Requirement of buffer area. Where an area required for a buffer is already wooded, it shall be left in its natural state, and the existing growth shall be supplemented with additional plant material where necessary. Buffer areas shall contain a strip not less than 20 feet in width containing massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous screen throughout the entire year within two full growing seasons following the planting of the buffer. Evergreen trees shall have a minimum height of five to six feet when planted, deciduous trees shall be a minimum caliper of 2 1/2 inches, and shrubs shall be of sizes and planted in accordance with American Association of Nurserymen's Standards.
(c) 
Use of buffer areas. Required buffers shall be used for no other purpose than as a buffer and as part of the required open space of the tract. The only structures which may be erected with a buffer area are fences as elsewhere regulated in Part 4, Zoning, and required utilities and access drives. All nonpaved areas shall be suitably landscaped with trees, shrubs, grass, ground covers and other landscaping materials.
F. 
Other regulations. Congregate care and multifamily developments in the MLCC Zone shall be subject to the following regulations, requirements and standards:
(1) 
The front facade of any structure containing more than one dwelling unit shall not continue on the same plane for a distance of more than 50 feet. Offsets between front facade planes shall not be less than four feet nor more than 20 feet. No facades offset from and adjoining another facade shall be on planes within four feet of one another.
(2) 
All utilities shall be installed underground by the developer.
(3) 
All dwelling units shall be served by public water and sanitary sewer systems. The developers shall pay the cost of connection and transmission facilities necessary to connect to the sewer and water systems servicing the development.
(4) 
Garbage, refuge storage and recyclable collection areas suitable for containerized collection shall be provided in sufficient numbers and at locations convenient to the dwelling units. Such areas shall be screened from view by solid masonry walls, or other suitable materials.
(5) 
Garbage and refuse collection shall be provided and maintained by the body responsible for internal private streets and other common facilities.
(6) 
Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required by this chapter or appropriate or necessary to the development shall be installed at the expense of the developer in accordance with the specifications of this section except as modified herein.
(a) 
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer and his successors in title.
(b) 
Private parking access drives shall intersect the interior private collector road at not less than one-hundred-foot intervals in center.
(c) 
Common private parking ports shall not be classified as permanent dead-end streets (§ 140-233).
(7) 
All streets and roads within the tract shall be private streets and shall be maintained by the body responsible for common areas. Rights of access and enforcement shall be formally granted to the Township.
(8) 
Internal private roads (§ 140-233) shall have the following pavement widths:
(a) 
Interior private collector roads shall be 30 feet wide (no parking provided).
(b) 
Interior private collector roads shall have a minimum four-foot wide concrete sidewalk. Where adjacent to overhangs and parking areas, the minimum width of sidewalks shall be five feet six inches. This sidewalk may be within a required setback area.
(c) 
Private parking access roads shall be a minimum of 25 feet wide when included within any parking area.
(d) 
Emergency access roads shall perform to minimum standards approved by the Township Engineer for emergency access and fire-fighting equipment.
(9) 
Parking. Parking stalls shall be a minimum of nine feet by 18 feet. Handicapped parking stalls shall be 12 feet by 18 feet and serviced by depressed curbing. Parking shall be provided as follows:
(a) 
Congregate care dwellings: at least 1/2 parking spaces shall be provided for each living unit. In addition, guest and employee parking shall be provided at the ratio of one space for every five units.
(b) 
Multifamily dwellings: at least two parking spaces shall be provided for each dwelling unit. At least one parking space for each dwelling unit shall be within 100 feet of that dwelling unit measured along the route reasonably expected to be used to walk from the dwelling unit to the parking space.
(10) 
Common open space, recreational or other facilities shall be owned, operated and maintained as such by the owner, if rental, or by an association comprised of all the owners of the individual units if such units are to be sold by the developer.
(11) 
All conventional dwelling units shall be constructed to be offered for sale on a fee simple or condominium basis and shall be subject to such restrictions and covenants as may be required to establish common rights and responsibilities.
(12) 
All proposed deed restrictions, articles of incorporation or other documents related to the creation of a homeowners' association, trust documents, sales deeds, or other documents to provide for ownership, age restrictions for rental units, and maintenance of common property and facilities shall be submitted to the Township for review by the Planning Board and Township Attorney prior to final review of any subdivision or site plan.
(13) 
In any case where the maintenance or repair of any wall, fence or other improvement by its owner or his agent would require entry upon adjacent property, an appropriate easement or right shall be created in favor of the subject owner. All such easements shall be detailed as to the required notice and any limitations upon the right of entry and shall provide a specific means of arbitration in the event of disputes.
(14) 
Performance guarantee. In the MLCC Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
(15) 
Maintenance guarantee. In the MLCC Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply.
(16) 
Improvements required prior to issuance of certificate of occupancy. In the MLCC Zone, the provisions of § 140-302K shall apply with respect to the issuance of certificate of occupancy.
(17) 
Inspection fees. The provisions of § 140-60 pertaining to the inspection fees shall be applicable to all development within the MLCC Zone.
(18) 
The provisions of this section shall be specifically subject to the provisions of Article XLI, General Requirements, of this Part 6, and a developer's agreement with the Township Committee pertaining to provisions of inclusionary Mount Laurel units.
A. 
The ML-25 Zoning District consists of Block 811, Lots 23 and 24, known as "Orchard Crest (Lions Head)" for 206 units on 171.2 acres yielding a density of 1.2 dwelling units per acre and conditioned upon a voluntary contribution of $1,030,000 ($10,000 per unit for each unit over 103 units). Such Mount Laurel development is permitted by the Housing Plan Element of the Wall Township Master Plan as adopted August 1, 1988; the Consent Order Approving Settlement entered March 3, 1989; and the developer's agreement. To the extent of any inconsistency among these documents, the terms of the consent order of March 3, 1989, shall govern.
B. 
Permitted principal uses. In the ML-25 Mount Laurel Compliance Zone, no premises shall be permitted and no structure shall be erected, altered or occupied for any purpose except the following:
(1) 
Same as permitted in the Rural Residential Zone in conformance with the R-60 Residential Zoning District requirements.
(2) 
Mount Laurel development shall be in conformance with the Schedule of Area, Yard and Building Requirements as follows:
(a) 
Minimum lot area.
[1] 
Interior lot: 25,000 square feet.
[2] 
Corner lot: 25,000 square feet.
(b) 
Mean width.
[1] 
Interior lot: 110 feet.
[2] 
Corner lot: 125 feet.
[3] 
Frontage: 80 feet.
[4] 
Depth: 150 feet.
(c) 
Maximum lot coverage.
[Amended 11-21-2006 by Ord. No. 29-2006]
[1] 
Building coverage: 15%.
[2] 
Impervious coverage: 30%.
(d) 
Minimum yard depths.
[1] 
Principal building.
[a] 
Front yard: 30 feet.
[b] 
Side yard: 10 feet.
[c] 
Rear yard: 25 feet.
(e) 
Maximum building height.[1]
[1] 
Principal building: 2 1/2 stories and 35 feet.
[2] 
Accessory building: one story and 16 feet.
[1]
Editor's Note: Former Subsection B(2)(e), Accessory buildings, was repealed 11-21-2006 by Ord. No. 29-2006 and former Subsection B(2)(f) was renumbered as Subsection B(2)(e).
The MH Zoning District consists of Block 72, Lots 31, 32 and 35, and known as "Bearmore Mobile Homes," which was granted use variance approval by the Board of Adjustment for 37 mobile home units on 7.75 acres yielding a density of seven dwelling units per acre in accordance with Chapter 153, Mobile Homes and Mobile Home Parks.
The ML-7 regulations contained in this section may be utilized for a one-hundred-percent set-aside Mount Laurel inclusionary project on a portion or portions of Lot 17 and 45 in Block 907 as a conditional use within the GI  General Industrial Zone. Development of this site is designed to implement the Housing Plan Element adopted by the Wall Township Planning Board on March 30, 1998, provided that not more than 110 units on not less than 17.5 acres be permitted on the site. The development of the one-hundred-percent inclusionary residential development in accordance with this section shall be in accordance with the Judgment of Repose granted by His Honor Eugene D. Serpentelli, A.J.S.C., on February 17, 1998.
A. 
Permitted principal uses. In the ML-7 Zone, no premises shall be used and no structure shall be erected, altered or occupied for any purposes except the following:
(1) 
Townhouses, provided that not more than 12 units shall be attached.
(2) 
Quadplexes.
(3) 
Multifamily structures containing flats or apartment units of up to 16 units per building; provided, however, that not more than eight units shall be on each floor.
(4) 
Public parks, playgrounds and conservation areas.
(5) 
Municipal services and facilities.
B. 
Permitted accessory uses.
(1) 
Common parking areas.
(2) 
Common private recreational facilities and structures, and open space.
(3) 
Private attached garages with a capacity for garaging not more than two automobiles per dwelling unit.
(4) 
Storage sheds attached to individual dwelling units and/or structures containing dwelling units.
(5) 
Signs in accordance with the Wall Township sign regulations contained in Article XXIX.
(6) 
Fences in accordance with the Wall Township fence regulations contained in § 140-206.
(7) 
Such other customary accessory uses and structures as may be permitted by the approving authority. All structures accessory to dwelling units shall be attached to the dwelling unit to which they are accessory. Any common storage facility shall be attached to a common building rather than freestanding.
C. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein, applications for development in the ML-7 Zone shall follow and be subject to the applicable ordinances, procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review and other applicable ordinances which are incorporated herein by reference.
D. 
Maximum regulations. Development in the ML-7 Zone shall be subject to the following maximum regulations:
(1) 
Density. The net density shall not be more than seven dwelling units per acre of upland area including upland areas dedicated even as conservation area; provided, however, that rental apartment development may be developed at a net density of not more than eight dwelling units per acre.
(2) 
Impervious surfaces. The maximum total impervious surface, including buildings, shall be 40% of the developable area of the tract.
(3) 
Building height. Building height shall be a maximum of 35 feet as set forth in § 140-17, Definitions. Each building shall be limited to two stories plus an attic and a basement which shall be all or partly below grade. Attics and basements shall be used only for storage, utilities or similar uses. The Planning Board may permit three-story structures on sloped areas of 5% to 15% where buildings would be "shelved" into the slope.
(4) 
Development on slopes. No development of any building shall be permitted on slopes which exceed 15%. Roads and utilities may be developed on slopes which exceed 15% if the Planning Board finds that:
(a) 
Such development is necessary to the development of the site in accordance with principles of good planning; and
(b) 
That the developer will achieve such development with the minimum of disturbance to the slope and existing vegetation and that any disturbance shall be remediated to the maximum extent possible.
E. 
Minimum regulations. Development in the ML-7 Zone shall be subject to the following minimum regulations:
(1) 
Setback requirements.
(a) 
from an existing public street: 65 feet.
(b) 
From an internal road: 25 feet.
(c) 
From any internal parking access road: 20 feet.
(d) 
From any internal parking area: 15 feet.
(e) 
From any external tract boundary: 65 feet.
(f) 
From any other structure: 25 feet, provided that when buildings have glass to glass proximity, a minimum of 35 feet shall be provided unless the glass planes are at more than a fifteen-degree angle from one another.
(g) 
From any wetlands transition area: 20 feet.
(2) 
Dwelling unit storage. No dwelling unit shall contain less than 300 cubic feet of storage space, which space may be in attics, basements or cellars or may be in an external storage area attached to the unit and which shall be in addition to closed space provided within the unit.
(3) 
Dwelling unit width. No multifamily dwelling unit shall be less than 16 feet in width.
(4) 
Dwelling unit characteristics. Each dwelling unit shall contain, at a minimum, a separate bedroom, a separate bathroom and an kitchen which shall be located separate and apart from other rooms, with the exception of a dining area. The mix of dwelling units shall be in conformance with this chapter.
(5) 
Open space and recreation areas. Active and passive recreational and open space areas shall be provided. There shall be a minimum of one acre of active recreation area for each 100 dwelling units or fractions thereof. Recreation shall include a softball field, picnic areas tot-lots (one per 100 dwellings), and basketball courts (one per 100 dwellings). A swimming pool is optional by the developer. Common open space, recreational or other facilities shall be owned, operated and maintained as such by an association comprised of all the owners of the individual units.
(6) 
Buffer areas. A landscaped buffer strip of at least 35 feet in width shall be permanently maintained in accordance with the following regulations. The buffer area may be included in required setback areas and in regulated wetland transition areas.
(a) 
Buffer location. Where the tract abuts an existing residential use and where any nonresidential use abuts a residential use within the zone, a landscaped buffer strip at least 35 feet in width shall be permanently maintained along the property line abutting the existing residential use. Existing vegetation shall be maintained to the greatest extent possible and supplemented if necessary to form a continuous planted buffer area.
(b) 
Requirements of buffer area. Buffer areas shall contain massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous screen throughout the entire year within two full growing seasons following the planting of the buffer. Evergreen trees shall have a minimum height of five to six feet when planted, deciduous trees shall be a minimum caliper of two inches and shrubs shall be of sizes and planted in accordance with American Association of Nurserymen's Standards.
(c) 
Use of buffer areas. Required buffers shall be used for no other purpose than as a buffer and as part of the required open space of the tract. The only structures which may be erected within a buffer area other than wetland transition area are fences as elsewhere regulated in this chapter. All nonpaved areas shall be suitably landscaped with trees, shrubs, grass, ground covers and other landscaping materials.
(d) 
Wooded areas. Where an area required for a buffer is already wooded, it shall be left in its natural state, and the existing growth shall be supplemented with additional plant material where necessary to bring the buffer area up to the minimum requirements of this chapter.
(7) 
Signs. A maximum of two permanent entry identification sign not to exceed 100 square feet in aggregate area shall be permitted. Said entry signs shall not be more than 10 feet in height.
F. 
Other regulations. Developments in the ML-7 Zone shall be subject to the following regulations, requirements and standards:
(1) 
The front facade of any structure containing more than one dwelling unit shall not continue on the same plane for a distance of more than the width of six adjacent units. Offsets between front facade planes shall not be less than four feet nor more than 20 feet.
(2) 
All utilities shall be installed underground by the developer.
(3) 
All dwelling units shall be served by public water and sanitary sewer systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to the sewer and water systems servicing the development.
(4) 
Garbage, refuge storage and recyclable collection areas suitable for containerized collection shall be provided in sufficient numbers and at locations convenient to the dwelling units. Such areas shall be screened from view by solid masonry walls, or other suitable materials.
(5) 
Garbage and refuse collection shall be provided and maintained by the body responsible for internal private streets and other common facilities.
(6) 
Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required by this chapter or appropriate or necessary to the development shall be installed at the expense of the developer in accordance with the specifications of this chapter except as modified herein.
(a) 
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer and his successor in title.
(b) 
Private parking access drives shall intersect the interior private collector road at not less than one-hundred-foot intervals on center.
(c) 
Common private parking ports shall not be classified as permanent dead-end streets (§ 140-233).
(7) 
All streets and roads within the tract shall be private streets and shall be maintained by the body responsible for common areas. Rights of access and enforcement shall be formally granted to the Township.
(8) 
Internal private roads (§ 140-233) shall have the following pavement widths.
(a) 
Interior private access roads shall be a minimum of 30 feet wide with no parking provided, and 36 feet if parking is provided on one side. Access roads connecting to Township streets shall conform to Township street standards.
(b) 
Interior private collector roads shall have a minimum four-foot wide concrete sidewalk. Where adjacent to overhang and parking areas, the minimum width of sidewalks shall be four feet, with a minimum grass strip between the sidewalk and curb of two feet. This sidewalk may be within a required setback area.
(c) 
Private parking access roads shall be a minimum of 25 feet wide when included within any parking area.
(9) 
At least two parking spaces shall be provided for each dwelling unit. In addition, guest parking shall be provided at the ratio of one space for every four units. At least one parking space for each dwelling unit shall be within 100 feet of that dwelling unit measured along the route reasonably expected to be used to walk from the dwelling unit to the parking space. Parking stalls shall be a minimum of nine feet by 18 feet. Handicapped parking stalls shall be twelve feet by 18 feet and serviced by depressed curbing.
(10) 
Development within the ML-7 Zone shall provide 20% inclusionary low- and moderate-income dwelling units in accordance with Article XLII, low- and moderate-income housing regulations for inclusionary housing developments. All conventional dwelling units may be constructed on a rental basis or may be offered for sale on a fee simple or condominium basis, subject to such restrictions and covenants as may be required to establish common rights and responsibilities. All low- and moderate-income units shall be rental units only.
(11) 
All proposed restrictive covenant, articles of incorporation or other documents related to the creation of a homeowners' association, trust documents or other deeds or documents to provide for ownership and maintenance of common property and facilities shall be submitted to the Township for review by the Planning Board and Township Attorney prior to final review of any subdivision or site plan.
(12) 
In any case where the maintenance or repair of any wall, fence or other improvements by its owner or his agent would require entry upon the adjacent property, an appropriate easement or right shall be created in favor of the subject owner. All such easements shall be detailed in specifications as to the required notice and any limitations upon the right of entry and shall provide a specific means of arbitration in the event of disputes.
(a) 
Performance guarantee. In the ML-7 Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
(b) 
Maintenance guarantee. In the ML-7 Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply.
(c) 
Improvements required prior to issuance of certificate of occupancy. In the ML-7 Zone, the provisions of § 140-286I shall apply with respect to the issuance of certificates of occupancy.
(d) 
Inspection fees. The provisions of § 140-60 of this chapter pertaining to inspection fees shall be applicable to all development within the ML-7 Zone.
(e) 
The provisions of this section shall be specifically subject to the provisions of Article XLII, low- and moderate-income housing regulations for inclusionary housing development.
A. 
Purposes. The MLC-RAC, MLC-3.4 and MLC-HB-200 Zoning Districts consist of Block 874, Lots 2 and 3, and Block 893, Lots 19, 24, 26, 47, 48, 50 and 51, which was zoned for retirement community, townhouse and highway business in accordance with Ordinance 4-94 and conditioned upon a voluntary contribution of $5,000 per unit of residential development to the Wall Township Affordable Housing Trust Fund as provided in § 140-282 and approved by a Judgment of Repose on September 24, 1990, and the fifth amendment thereto filed on December 15, 1994, and the Housing Plan Element and Fair Share Plan of the Township of Wall adopted September 16,1990.
B. 
Approving authority. The Planning Board shall be the approving authority for all applications for development under this section.
C. 
Eligibility for participation. In every area zoned for MLC-RAC, property may be developed in accordance with the provisions of the zone district in which the property was located immediately prior to its inclusion in the MLC-RAC Zone, or a developer may elect to participate in the Mount Laurel compliance process. A developer shall be eligible to participate upon satisfaction of the following conditions:
(1) 
Proof of ownership or a signed contract of sale of land within an area zoned for MLC-RAC; and
(2) 
The execution of a developer's agreement with the Township of Wall stipulating the amount and phasing of the contributions to be made to the Wall Township Affordable Housing Trust Fund.
D. 
Permitted principal uses. In the MLC-RAC Zone, no site shall be used and no structure shall be erected, altered or occupied for any purpose, except the following:
(1) 
Developments not participating in the Mount Laurel Compliance Program shall conform with the R-60 or OP-10 Zone District regulations as may be applicable.
(2) 
For developments participating in the Mount Laurel Compliance Program, the following uses are permitted: adult community projects, as defined in § 140-281, consisting only of single-family detached units.
E. 
Definition of "adult community project" (ACP).
(1) 
An "adult community project" is a private residential community comprised of various housing types and accessory uses intended for, and limited and restricted to, use and occupancy by:
(a) 
Any person of the age of 55 years or over; or
(b) 
A husband or wife, regardless of age, residing with his or her spouse, provided the spouse of such person is of the age of 55 years or over; or
(c) 
A child or children residing with a permissible occupant, provided the child or children is or are of the age of 19 years or older; or
(d) 
An individual or individuals, regardless of age, residing with and providing physical or economic support to a permissible occupant.
(2) 
The foregoing occupancy restrictions shall not be construed to prohibit the occupants of any unit in an ACP from entertaining guests, of any age, in their units, including temporary residency not to exceed three months, with no financial or other pecuniary consideration to be paid therefor.
F. 
Minimum tract size. An ACP may only be developed on one or more contiguous parcels of land having a total gross area of not less than 50 acres.
G. 
Permitted principal uses. The principal uses of buildings in an ACP shall be limited to the following:
(1) 
Single-family detached units, provided that they comply with the area and bulk zoning requirements of this section.
(2) 
Recreation facilities permitted under this section.
(3) 
Sales and administrative offices required for the construction, sale, resale and management of the ACP.
(4) 
Maintenance buildings.
H. 
Permitted accessory uses. The accessory uses of buildings and structures in an ACP shall be limited to the following:
(1) 
Master television antenna system and/or cable television antenna/reception facilities.
(2) 
Common parking areas for guest parking or dedicated for specific parking purposes such as recreational vehicle and trailer parking.
(3) 
Buildings for storage of vehicles, equipment and supplies.
(4) 
Outbuildings and structures as part of the recreation facilities.
(5) 
Public and private parks and gardens.
(6) 
Private greenhouses.
(7) 
Private swimming pools.
I. 
Permitted accessory uses for dwelling units. Accessory uses on the same single-family residential lot and customarily incidental to the permitted principal use shall be permitted, including:
(1) 
Private attached garage with a capacity for garaging two vehicles per unit.
(2) 
Storage sheds attached to and incorporated in the design of individual dwelling units.
(3) 
Fences.
(4) 
Decks, patios, gazebos and screened porches.
(5) 
Such other customary accessory uses and structures as may be permitted by the approving authority.
J. 
Bulk requirements. The following bulk requirements shall be applicable to the MLC-RAC Zone:
(1) 
Open space/coverage/density requirements. The following requirements shall apply to any ACP:
(a) 
Maximum building coverage: 25% of gross area of ACP tract.
(b) 
Maximum building density: 2.2 units per gross acre of ACP tract; subject, however, to the condition that a maximum of 400 dwelling units shall be permitted in the ACP.
(c) 
Minimum open space: 30% of gross area of ACP tract. For purposes of this requirement, "open space" shall mean those portions of the ACP tract not covered by buildings, structures of any kind, streets or other surfaces paved with impervious materials.
K. 
Bulk requirements. The following bulk requirements shall apply to the individual dwelling in an ACP.
(1) 
All detached units to be constructed on individual lots in an ACP shall comply with and conform to the following requirements:
(a) 
Minimum lot area:
[1] 
Corner lot: 7,000 square feet.
[2] 
Interior lot: 5,000 square feet.
(b) 
Minimum lot width and frontage:
[1] 
Corner lot: 70 feet.
[2] 
Interior lot: 50 feet.
[3] 
In the case of an irregularly shaped lot, the frontage may be reduced to 60% of the minimum requirement.
(c) 
Minimum lot depth: 100 feet.
(d) 
Minimum setbacks:
[1] 
Front yard measured from lot line (exclusive of attached side entry garage units which shall have a minimum front yard setback of 10 feet): 20 feet.
[2] 
One side yard: 5 feet.
[3] 
Combined side yards: 15 feet.
[4] 
Rear yard: 20 feet.
(e) 
Minimum distance between buildings: 15 feet.
(2) 
Minimum parking requirements:
(a) 
Each detached unit shall include two attached garage spaces and two off-street parking spaces, for a total of four spaces.
(b) 
A private driveway with capacity for off-street parking of two automobiles shall be deemed to constitute two parking spaces.
(3) 
Decks, etc.: A deck, patio or screened porch shall be permitted within 10 feet of any rear yard line and five of any side yard line.
(4) 
Maximum building height: 35 feet or 2 1/2 stories, provided that no more than 20% of all units shall be greater than one story in height.
(5) 
Minimum accessory building setbacks:
(a) 
Side yard: 10 feet.
(b) 
Rear yard: 10 feet.
L. 
Utilities. An ACP must be fully serviced by public water service and sanitary sewerage systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to the systems.
M. 
Required recreation facilities. Any ACP shall contain and provide for the benefit, use and enjoyment of its residents, the following recreation facilities:
(1) 
A recreation area containing a recreation building or clubhouse equal in size to 10 square feet for each dwelling unit in the ACP.
(2) 
A swimming pool of a minimum size of 30 feet by 50 feet, with an adjacent improved sitting area surrounding all sides of the pool with an aggregate area equal to twice the water surface area of the pool.
(3) 
Parking facilities serving the recreation area, with a minimum number of parking spaces equal to one space for each 50 square feet of area comprising the recreation building.
(4) 
Picnic/barbecue areas with a minimum size of 10 square feet for each dwelling unit in the ACP.
(5) 
One tennis court for each 200 dwelling units in the ACP.
(6) 
Boccie courts.
(7) 
Shuffleboard courts.
N. 
Optional recreation facilities. An ACP may contain the following facilities for the benefit, use and enjoyment of its residents:
(1) 
Paddle tennis courts.
(2) 
Jogging trail.
(3) 
Fitness/exercise courses.
(4) 
Gardening areas (including greenhouses).
(5) 
Such other activities which the Planning Board shall find to be consistent with the life-style of residents of an ACP and which are subordinate to the residential character of an ACP.
O. 
Ownership of recreation facilities. All recreation facilities shall be owned by a homeowners' association as defined herein.
P. 
Setback and distance measurements. Building setbacks and minimum distances between all buildings shall be measured from lot lines (and not from street lines) to building foundation lines, excluding foundations for fireplaces, porches and other exterior protrusions of a building which do not protrude beyond six feet from the building foundation line.
Q. 
Perimeter boundary setbacks. No buildings or structures, other than entrance gatehouses, walls or fences, shall be located within 50 feet of any exterior boundary line of the ACP tract.
R. 
Homeowners' association; recorded covenants.
(1) 
Any ACP shall be governed and regulated by on or more recorded declarations of covenants and restrictions (C&R's) which shall provide for and create one or more incorporated membership organizations under Title 15 of the New Jersey Statutes in which all unit owners in the ACP shall be required to be members (the "homeowners' association"). The C&R's shall provide for:
(a) 
The ownership, maintenance, operation and upkeep of all recreation facilities, open space, streets and other common areas within the ACP by the homeowners' association;
(b) 
The restrictions on unit occupancy set forth in Subsection E;
(c) 
The procedure for creating, imposing and collecting assessments from each unit owner to finance the foregoing; and
(d) 
The organization, operation and management of the homeowners' association.
(2) 
A complete copy of the proposed C&R's and all documents creating and organizing the homeowners' association shall be submitted to the Planning Board for review and approval with the first application for final subdivision and/or site plan approval submitted for the ACP or the first section thereof.
S. 
Streets and roads. All streets and roads in an ACP shall conform to the provisions of Part 5 of this Chapter 140, Land Use and Development Regulations, except as hereinafter specifically provided.
(1) 
The developer-applicant of an ACP shall expressly condition the preliminary subdivision and/or site plan approval of the ACP upon all streets and roads within the ACP being privately owned and maintained by the homeowners' association in perpetuity. Such streets and roads shall be constructed in accordance with Part 5, except as follows:
(a) 
Minor streets (i.e. streets of not more than 1,200 feet in length which shall be through streets or terminate in a cul-de-sac) and minor collector streets shall have an overall paved roadway width of 32 feet.
(b) 
Major collector streets shall have a paved roadway width of 40 feet.
(c) 
All ACP streets shall be constructed with a six-inch road gravel base conforming to the New Jersey Highway Specifications Grade A or B, with a CABC-1 of 1 1/2 inches in thickness of bituminous concrete binder course and a one-inch bituminous concrete surface course. If roll curbing is utilized, the measurement of the paved roadway width shall include roll curb, along any street, and in addition thereto, any lot which is directly across a street.
(2) 
Neighboring dwellings, as hereinabove defined, shall be considered substantially alike in exterior design and appearance if they are not different in at least three of the following six respects:
(a) 
The relative location of a garage porch or any other such structural appurtenance with respect to the facade.
(b) 
The relative location or type of windows and doors.
(c) 
The type of roof, with respect to any appurtenances, configuration, or pitch.
(d) 
The type or color of siding material.
(e) 
The type of roofing material or the color or the pattern thereof.
(f) 
Orientation of the building when viewed from a single viewing point.
T. 
Procedures for approval of ACP. Any developer applicant proposing to develop an ACP shall make application to the Planning Board for approval of a preliminary subdivision or site plan pursuant to N.J.S.A. 40:55D-1 et seq.
U. 
No municipal responsibility for operations. Neither the provisions of this section, nor the granting of subdivision or site plan approval for an ACP shall be deemed to render the Township liable or responsible for:
(1) 
The interpretation or enforcement of any agreement between the applicant, developer, owner or operator of the ACP and any resident or residents thereof;
(2) 
The review, supervision or control of the operation of an ACP or any phase thereof; or
(3) 
The installation of any services of any kind involving utilities to serve an ACP; provided, however, that the Township shall retain the right to enforce the terms and provisions of this chapter and all other ordinances of the Township of Wall applicable thereto.
V. 
Other regulations. All other regulations contained in this Chapter 140, Land Use and Development Regulations, not specifically modified herein, shall apply to development in the MLC-RAC Zone.
A. 
Purpose. The purposes of the MLC-3.4 Mount Laurel Compliance District shall be as set forth in § 140-309A herein. The regulations established by the section are also intended to accomplish the purposes set forth in § 140-309A herein.
B. 
Approving authority. The Planning Board shall be the approving for all applications for development under this section.
C. 
Eligibility for participation. In every area zoned for MLC-3.4, property may be developed in accordance with the provisions of the zone district in which the property was located immediately prior to its inclusion in the MLC-3.4 Zone, or a developer may elect to participate in the Mount Laurel compliance process. A developer shall be eligible to participate upon satisfaction of the following conditions:
(1) 
Proof of ownership or a signed contract of sale of land within an area zoned for MLC-3.4;
(2) 
The execution of a developer's agreement with the Township of Wall stipulating the amount and phasing of the contributions to be made to the Wall Township Affordable Housing Trust Fund.
D. 
Permitted principal uses. In the MLC-3.4 Zone, no site shall be used and no structure shall be erected, altered or occupied for any purpose, except the following:
(1) 
Developments not participating in the Mount Laurel Program shall conform with the OP-10 Zone District regulations.
(2) 
For developments participating in the Mount Laurel Compliance Program, the following uses are permitted: attached townhome developments, with a maximum of 52 dwelling units, with no more than eight dwelling units to a building.
E. 
Permitted accessory uses. Permitted accessory uses in the MLC-3.4 Zone shall be as follows:
(1) 
Common parking areas.
(2) 
Common storage structures and facilities subject to the same limitations and requirements as the principal structures.
(3) 
Common open space and recreational facilities and structures subject to the same limitations and requirements as the principal structures.
(4) 
Private attached garages with a capacity for garaging not more than two automobiles per unit subject to the same limitations and requirements as the principal structures.
(5) 
Signs in accordance with Wall Township sign regulations.[1]
[1]
Editor's Note: See Art. XXIX of this chapter.
(6) 
Fences in accordance with Wall Township fence regulations.[2]
[2]
Editor's Note: See § 140-206 of this chapter.
(7) 
Support facilities, functions and services intended for the use and benefit of the occupants and owners of the units.
F. 
Maximum regulations. Developments in the MLC-3.4 Zone shall be subject to the following maximum regulations:
(1) 
Density. The gross density shall be no more than 3.4 units per acre, subject to Subsection F(2) hereof.
(2) 
Number of units. No more than 52 townhouse units shall be constructed.
(3) 
Lot area. The lot area of the tract to be developed shall be no less than 15 acres.
(4) 
Building coverage. The maximum building coverage shall be no more than 15%.
(5) 
Impervious coverage. The impervious coverage shall be no more than 40%.
(6) 
Height. The maximum building height shall be no more than 2 1/2 stories/35 feet.
G. 
Minimum regulations. Developments in the MLC-3.4 Zone shall be subject to the following minimum regulations:
(1) 
Minimum open space. Thirty percent of the gross area of the tract to be developed in the MLC-3.4 Zone shall be open space. For purposes of this requirement, "open space" shall mean those portions of the tract not covered by buildings, structures of any kind, streets or other surfaces paved with impervious materials.
(2) 
Minimum setback requirements:
(a) 
From an existing public road: 60 feet.
(b) 
From an internal road: 25 feet.
(c) 
From any other building 30 feet, provided a minimum of 50 feet from glass-to-glass proximity is maintained.
(d) 
From on street internal parking areas: 15 feet.
(3) 
Dwelling unit width. No unit such be less than 20 feet wide.
(4) 
Storage. Each unit with two or more bedrooms shall provide, in addition to closets within the unit, not less than 300 cubic feet of storage located in a basement, cellar, or external area.
(5) 
Unit characteristics. Units shall contain, at a minimum, a separate bedroom, a separate bathroom, and a kitchen which shall be located separate and apart from other rooms, with the exception of a dining area.
(6) 
Open space. Open space shall be provided and shall be suitably landscaped. Open space may include active or passive recreational areas such as sitting and walking areas, tot-lots, court sport facilities, field areas and swimming pools.
(7) 
Internal cartways.
(a) 
Minimum cartway width shall be 36 feet.
(b) 
Where only one building or no building fronts on an internal road at any location the minimum cartway shall be 32 feet.
(8) 
Buffer areas. Landscaped buffer strips shall be permanently maintained in accordance with the following regulations. The buffer area may be included in required setback areas and in required wetlands or wetland transition areas:
(a) 
Buffer location and depth.
[1] 
Where the tract abuts an existing nonresidential use or zone, a buffer strip at least 25 feet in width; and
[2] 
Where the tract abuts a single-family residential use or zone, a buffer strip at least 50 feet in width.
(b) 
Requirement of buffer area. Where an area required for a buffer is already wooded, it shall be left in its natural state, and the existing growth shall be supplemented with additional plant material where necessary. Buffer areas shall contain a strip not less than 20 feet in width containing massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous screen throughout the entire year within two full growing seasons following the planting of the buffer. Evergreen trees shall have a minimum height of five to six feet when planted, deciduous trees shalt be a minimum caliper of 2 1/2 inches, and shrubs shall be of sizes and planted in accordance with American Association of Nurserymen's Standards.
(c) 
Use of buffer areas. Required buffers shall be used for no purpose other than as a buffer and as part of the required open space of the tract. The only structures which may be erected within a buffer area are fences as elsewhere regulated in this chapter and required utilities and access drives. All nonpaved areas shall be suitably landscaped with trees, shrubs, grass, ground covers and other landscaping materials.
H. 
Other regulations. Developments in the MLC-3.4 Zone shall be subject to the following regulations, requirements and standards:
(1) 
The front facade of any structure containing more than one dwelling unit shall not continue on the same plane for a distance of more than 50 feet. Offsets between front facade planes shall not be less than four feet nor more than 20 feet. No facade offset from and adjoining another facade shall be on planes within four feet of one another.
(2) 
All utilities shall be installed underground by the developer.
(3) 
All dwelling units shall be served by public water and sanitary sewer systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to the systems.
(4) 
Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required by the Township's regulations or appropriate or necessary to the development shall be installed at the expense of the developer in accordance with the specifications of this chapter except as modified herein.
(a) 
Drainage maintenance in privately maintained streets shall be the responsibility of the developer and his successors in title.
(b) 
Private parking access drives shall intersect the interior private collector road at not less than one-hundred-foot intervals on center.
(5) 
All streets and roads within the tract shall be private streets and shall be maintained by the body responsible for common areas. Rights of access and enforcement shall be formally granted to the Township.
(6) 
Parking on street. Parking stalls shall be a minimum of nine feet by 18 feet. Handicapped parking stalls shall be 12 feet by 19 feet and be serviced by decreased curbing.
(7) 
Common open space, recreational or other facilities shall be owned, operated and maintained as such by the owner, if rental, or by an association composed of all the owners of the individual units, if such units are to be sold by the developer.
(8) 
All conventional dwelling units constructed to be offered on a fee simple or condominium basis shall be subject to such restrictions and covenants as may be required to establish common rights and responsibilities.
(9) 
All proposed restrictive covenants, articles of incorporation or other documents related to the creation of a homeowners' association, trust documents, deeds or other documents to provide for ownership, age restrictions for sales or rental units, and maintenance of common property and facilities shall be submitted to the Township for review by the Planning Board and Township Attorney prior to final review of any subdivision or site plan.
(10) 
In any case where the maintenance or repair of any wall, fence or other improvement by its owner or his agent would require entry upon adjacent property, an appropriate easement or right shall be created in favor of the subject owner. All such easements shall be detailed as to the required notice and any limitations upon the right of entry and shall provide a specific means of arbitration in the event of disputes.
(11) 
Performance guarantees, improvements and inspection fees.
(a) 
Guarantees. In the MLC-3.4 Zone, the provisions of this Chapter 140, Land Use and Development Regulations, with respect to performance and maintenance guarantees shall apply.[3]
[3]
Editor's Note: See §§ 140-92 and 140-93 of this chapter.
(b) 
Improvements required prior to issuance of certificate of occupancy. In the MLC-3.4 Zone, the provisions of this Chapter 140, Land Use and Development Regulations, shall apply with respect to the issuance of certificates of occupancy.[4]
[4]
Editor's Note: See § 140-286I of this chapter.
(c) 
Inspection fees. The provisions of this Chapter 140, Land Use and Development Regulations, pertaining to inspection fees shall be applicable to all development within the MLC-3.4 Zone.[5]
[5]
Editor's Note: See § 140-60 of this chapter.
(d) 
Other regulations. All of the regulations contained in the Land Use and Development Regulations of the Township, not specifically modified herein, shall apply to development in the MLC-3.4 Zone.
A. 
Purpose. The purpose of the MLC-HB-200 Mount Laurel Compliance District is to permit certain flexibility in the development of commercial property associated with a residential development which participates in the Township's Mount Laurel Compliance Program.
B. 
Approving authority. The Planning Board shall be the approving authority for all applications for development under this section.
C. 
Eligibility for participation. In every area zoned for MLC-HB-200, property may be developed in accordance with the provisions of the zone district in which the property was located immediately prior to its inclusion in the MLC-HB- 200 Zone, or a developer may elect to participate in the Mount Laurel compliance process. A developer shall be eligible to participate upon satisfaction of the following conditions:
(1) 
Proof of ownership or a signed contract of sale of land within an area zoned for MLC-HB-200; and
(2) 
The execution of a developer's agreement with the Township of Wall stipulating the amount and phasing of the contributions to be made to the Wall Township Affordable Housing Trust Fund.
D. 
Permitted principal uses. In the MLC-HB-200 Zone, no site shall be used and no structure shall be erected, altered or occupied for any purpose, except the following:
(1) 
Developments not participating in the Mount Laurel Compliance Program shall conform with the OP-10 Zone District regulations.
(2) 
For developments participating in the Mount Laurel Compliance Program, the following uses are permitted:
(a) 
All permitted, accessory and conditional uses in the HB-200 Zone District, with the exception of the following uses:
NAICS Code
Use
255
Special trade contractors
4411
Motor vehicle dealers
4471
Gasoline service stations
441222
Boat dealers
44121
Recreational vehicle dealers
441221
Motorcycle dealers
8122
Funeral services
5321
Automobile rental and leasing
8111
Automobile repair shops
811192
Car washes
(3) 
Eating places, with and without liquor licenses (NAICS codes 722and 72241) shall be permitted uses; provided, however, that no drive-through window at any eating establishment shall be permitted, and, provided further that no freestanding eating establishment of the type commonly referred to as a "fast-food establishment" shall be permitted in the zone.
E. 
Bulk requirements and other regulations. All bulk zoning requirements and other regulations of this Chapter 140, Land Use and Development Regulations, applicable to the HB-200 Zone District shall be applicable to the MLC-HB-200 Zone District, except as follows:
(1) 
The maximum building coverage in the MLC-HB-200 Zone shall be 100,000 square feet.
(2) 
The maximum impervious coverage in the MLC-HB-200 Zone shall be 65%.
A. 
Age restriction. In the ML-12A Zone, a request for age-restricted housing units may only be granted after the Wall Township Planning Board or Board of Adjustment has received the consent of the Township Committee. The consent of the Township Committee shall consist of the authorization and execution of a developer's agreement between the Township and the owner or developer of property located in the ML-12A Zone. The developer's agreement shall govern the nature of the area restricted multifamily project to be constructed by the developer, and shall provide for the payment of a monetary contribution to the Township's Affordable Housing Trust Fund by the developer. The Planning Board shall make compliance with such developer's agreement a condition of any approval it may grant for a development in the ML-12A Zone.
B. 
Permitted principal uses. In the ML-12A Zone, no premises shall be used and no structure shall be erected, altered or occupied for any purposes except the following:
(1) 
Townhouses, provided that not more than eight units shall be attached.
(2) 
Quadplexes.
(3) 
Multifamily structures containing flats or apartment units.
(4) 
Municipal services and facilities.
(5) 
Conditional commercial uses in compliance with the HB-120 Zone.
C. 
Permitted accessory uses.
(1) 
Enumeration of permitted accessory uses.
(a) 
Common parking areas.
(b) 
Common private recreational facilities and structures and open space.
(c) 
Private attached garages with a capacity for garaging not more than two automobiles per dwelling unit.
(d) 
Storage sheds attached to individual dwelling units and/or structures containing dwelling units not to exceed 20 square feet per shed.
(e) 
Signs in accordance with the Wall Township sign regulations contained in Article XXIX.
(f) 
Fences in accordance with the Wall Township fence regulations contained in § 140-206.
(g) 
Such other customary accessory uses and structures as may be permitted by the approving authority.
(2) 
All structures accessory to dwelling units shall be attached to the dwelling unit to which they are accessory.
(3) 
Any common storage facility shall be attached to a common building, rather than freestanding.
D. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein, applications for developments in the ML-12A Zone shall follow and be subject to the applicable procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review of this chapter and other applicable ordinances which are incorporated herein by reference.
E. 
Maximum regulations. Development in the ML-12A Zone shall be subject to the following maximum regulations:
(1) 
Density. The gross density shall be no more than 23 dwelling units per acre.
(2) 
Impervious surfaces. The maximum total impervious surface, including buildings, shall be 60% of the developable area of the tract for residential units.
(3) 
Building height. Each building shall be limited to four stories and an optional basement, either of which may be partly below grade. Dwelling units may be located on any of the four stories. Basements shall be used only for a rental/management office, storage utilities common community facilities and amenities or similar uses. Building height shall be a maximum of 40 feet as set forth in § 140-17, Definitions, of this chapter. Each building shall be limited to three stories and a basement which shall be partly below grade. Basements shall be used only for a rental/management office, storage, utilities or similar uses.
(4) 
Bedroom distribution. All units shall have either one or two bedrooms.
F. 
Minimum regulations. Developments in the ML-12A Zone shall be subject to the following minimum regulations:
(1) 
Building setback requirements.
(a) 
From an existing public street: 65 feet.
(b) 
From an internal road: 15 feet.
(c) 
From any internal parking access road: 15 feet.
(d) 
From any internal parking area: 15 feet.
(e) 
From any external tract boundary: 25 feet.
(f) 
From any other structure: 20 feet, provided that when buildings have glass to glass proximity, minimum of 25 feet shall be provided unless the glass planes are at more than fifteen-degree angle.
(2) 
Dwelling unit width. No dwelling shall be less than 19 feet six inches in width.
(3) 
Dwelling unit characteristics. Each dwelling unit shall contain, at a minimum, a separate bedroom, a separate bathroom and a kitchen which shall be located separate and apart from other rooms, with the exception of a dining area. The mix of dwelling units shall be in conformance with this chapter.
(4) 
Buffer areas.
(a) 
Buffer location. Where the tract abuts an existing residential use and where any nonresidential use abuts residential use within the zone, a landscaped buffer strip at least 20 feet in width shall be permanently maintained along the property line abutting the existing residential use. Existing vegetation shall be maintained to the greatest extent possible.
(b) 
Requirement of buffer area. Buffer areas shall contain massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous screen throughout the entire year within two full growing seasons following the planting of the buffer. Evergreen trees shall have a minimum height of five to six feet when planted, deciduous trees shall be a minimum caliper of 1 1/2 inches and shrubs shall be of sizes and planted in accordance with the American Association of Nurserymen's Standards.
(c) 
Use of buffer, areas. Required buffers shall be used for no other purpose than as a buffer and as part of the required open space of the tract. The only structures which may be erected within a buffer area are fences as elsewhere regulated in Part 4, Zoning, of this chapter, sidewalks, trails retaining walls, drive openings, and necessary internal driveways. All nonpaved areas shall be suitably landscaped with trees, shrubs, grass, ground covers, and other landscaping materials. Retaining areas shall be permitted in steep-slope areas.
(d) 
Wooded areas. Where an area required for a buffer is already wooded, it shall be left in its natural state to the maximum extent feasible, and the existing growth shall be supplemented with additional plant material where necessary to bring the buffer area up to the minimum requirements of Part 4, Zoning, of this chapter.
(e) 
Landscaping. On any lot or property proposed for residential development of two or more lots or two or more residential units which abut a property used for commercial, recreational, office, industrial, medical, manufacturing, or airport purposes or a lot or property zoned for commercial, recreational, office, industrial or airport use, a landscape buffer strip of at least 20 feet in width shall be permanently maintained along the property line abutting such use or zone.
G. 
Other regulations. Developments in the ML-12A Zone shall be subject to the following regulations, requirements and standards:
(1) 
All utilities shall be installed underground by the developer.
(2) 
All dwelling units shall be served by public water and sanitary sewer systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to the sewer and water systems servicing the development.
(3) 
Garbage, refuge storage and recyclable collection areas suitable for containerized collection shall be provided in two areas. Such areas shall be screened from view by fencing or other suitable materials.
(4) 
Garbage and refuse collection shall be provided and maintained by the body responsible for internal private streets and other common facilities.
(5) 
Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required by this chapter or appropriate or necessary to the development shall be installed at the expense of the developer in accordance with the specifications of this chapter except as modified herein:
(a) 
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer and his successors in title.
(b) 
Common private parking ports shall not be classified as permanent dead-end streets (§ 140-233).
(6) 
All streets and roads within the tract shall be private streets and shall be maintained by the body responsible for common areas. Rights of access and enforcement shall be formally granted to the Township.
(7) 
Internal private roads (§ 140-233) shall have the following pavement widths:
(a) 
Interior loop aisles shall be 18 feet wide (no parking provided).
(b) 
Parking access/aisles should be 25 feet wide.
(c) 
The entrance roadway shall be 30 feet wide.
(d) 
Interior private collector roads shall be 25 feet wide (no parking provided).
(e) 
Interior private collector roads shall have a minimum four-foot wide sidewalk. Where adjacent to overhangs and parking areas, the minimum width of sidewalk shall be five feet six inches. This sidewalk may be within a required setback area. If the sidewalks are within an island separating parking stalls, the sidewalks may be from curb to curb but no less than four feet in width.
(8) 
Parking.
(a) 
Parking shall be provided as follows:
Number of Parking Spaces Per Unit
Number of Bedrooms
1
0.75
2
1.00
(b) 
Parking stalls shall be a minimum of nine feet by 18 feet, including overhang areas. Handicapped parking stalls shall be eight feet wide with a five-foot aisle by 18 feet long and serviced by depressed curbing.
(c) 
A minimum of 130 parking spaces shall be provided.
(d) 
A minimum of 10% of the parking spaces shall be provided.
(e) 
Each parking space shall consist of a suitably graded, drained and unobstructed area in the plane of which no straight line shall have a grade in excess of 7% or less than 0.5%.
(f) 
Curb return radii on safety islands adjacent to traffic flow shall be a minimum of two feet.
(g) 
All parking spaces shall be of sufficient size to allow parking in one maneuver. Parking spaces, ramps, etc., shall be provided for the physically handicapped, in accordance with the Americans with Disabilities Act.
(h) 
Backup areas with a minimum depth of five feet shall be provided in all parking lots where there are dead-ends.
(9) 
Common open space, recreational or other facilities shall be owned, operated and maintained as such by an association comprised of all the owners of the individual units.
(10) 
All detention basins and facilities located within the ML-12A Zone shall comply with all applicable regulations under the Flood Hazard Control Act, N.J.S.A. 58:16A-50 et seq. and the New Jersey Stormwater Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas are utilized for stormwater management, the regulations of the New Jersey Department of Environmental Protection shall apply and any inconsistent provisions of the applicable Wall Township ordinances may be waived. Trees, shrubs and other vegetation may be planted on the slopes or banks of detention basins or facilities constructed in fill, provided the landscaping is attractively maintained. All detention and retention basins with permanent dry-weather pools of water shall have a water depth to minimize propagation of mosquitoes and provided with mechanical aeration for water quality.
(11) 
All proposed restrictive covenants, articles of incorporation or other documents related to the creation of a homeowners' association, trust documents or other deed or documents to provide for ownership, age restrictions for rental units, and maintenance of common property and facilities shall be submitted to the Township for review by the Planning Board and Township Attorney prior to final review of any subdivision or site plan.
(12) 
In any case where the maintenance or repair of any wall, fence or other improvement by its owner or his or her agent would require entry upon the adjacent property, an appropriate easement or right shall be created in favor of the subject owner. All such easements shall be detailed in specifications as to the required notice and any limitations upon the right of entry shall provide a specific means of arbitration in the event of disputes.
(13) 
Performance guarantee. In the ML-12A Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
(14) 
Maintenance guarantee. In the ML-12A Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply.
(15) 
Improvements required prior to issuance of certificate of occupancy. In the ML-12A Zone, the provisions of § 140-286I shall apply with respect to the issuance of certificates of occupancy.
(16) 
Inspection fees. The provisions of § 140-60 of this chapter pertaining to inspection fees shall be applicable to all development within the ML-12A Zone.
H. 
Design requirements. Developments in the ML-12A Zone shall be subject to the following standards:
(1) 
The site plan shall be required to depict and delineate the edge of all woodlands, but shall not be required to map or survey all trees on site.
(2) 
All improvements within 50 feet of the boundary of the site shall be shown on the site plan.
ML-13-SC Multifamily Senior Citizen (13 DU/acre) Zone. The ML-12-SC Zoning District consists of Block 240, Lot 54, which was granted use variance approval by the Board of Adjustment on December 18, 1991, for 26 age-restricted senior citizen rental apartment units known as "Colfax Senior Apartments" on 1.90 acres yielding a density of 13.68 dwelling units per acre in accordance with general design standards contained in Part 5 and conditioned upon the a deed restriction for 100% of the units limiting the initial rent in 1992 to be $400 per unit plus utilities with an annual increase in the rental rate not to exceed the annual cost of living index. The Township has determined that the rental rate established at the time of the approval qualified the 22 one-bedroom and two two-bedroom units as moderate-income units in accordance with the New Jersey Council on Affordable Housing 1992 affordable income limits and thus are qualified for credit in accordance with N.J.A.C. 5:93-1 et seq. The ML-13-SC zoning district designation memorializes the Board of Adjustment approval and conditions made a part thereof.
[Added 11-21-2006 by Ord. No. 23-2006]
A. 
Permitted principal uses. In the MLCC (30 dwelling units per acre) Zone, no premises shall be used and no structure shall be erected, altered or occupied for any purposes except the following:
(1) 
Developments not participating in the Mount Laurel program shall conform with all regulations of this chapter pertaining to the RR-6 Residential Zone;
(2) 
For developments participating in the Wall Township Mount Laurel Program, the following uses are permitted; all such uses hereinafter collectively referred to as "congregate care":
(a) 
Congregate care and assisted living residential facilities located in multifamily structures containing individual living units which provide for and comply with the Standards for Assisted Living Residents contained in N.J.A.C. 8:36-3 et seq.
(b) 
Ambulatory care facilities.
(c) 
Nursing homes.
B. 
Permitted accessory uses.
(1) 
Common parking areas.
(2) 
Common storage structures and facilities subject to the same limitations and requirements as the principal structures.
(3) 
Common open space and recreational facilities and structures subject to the same limitations and requirements as the principal structures.
(4) 
Signs in accordance with the Wall Township sign regulations contained in Article XXIX.
(5) 
Fences in accordance with the Wall Township fence regulations contained in § 140-206.
(6) 
Support facilities, functions and services intended for the use and benefit of congregate care residents and their guests, including:
(a) 
Indoor and outdoor recreational facilities.
(b) 
Physical therapy facilities.
(c) 
Entertainment and personal care facilities.
(d) 
Libraries.
(e) 
Food preparation facilities.
(f) 
Dining facilities.
(g) 
Linen service facilities.
(h) 
Housekeeping services.
(i) 
Secure facilities, administrative offices, storage facilities, chapels, and facilities for the temporary lodging of guests.
C. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein, applications for development in the MLCC Zone shall follow and be subject to the applicable ordinances, procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review and other applicable ordinances which are incorporated herein by reference.
D. 
Maximum regulations. Development in the MLCC Zone shall be subject to the following maximum regulations:
[Amended 3-14-2007 by Ord. No. 5-2007]
(1) 
Density. The gross density shall be no more than 30 dwelling units per acre.
(2) 
Lot area. The minimum lot area for congregate care or multifamily development shall be four acres.
(3) 
Building coverage. The maximum building coverage, including accessory buildings, shall be 20%.
(4) 
Impervious surfaces. The maximum total impervious surface, including pavement and buildings, shall be 40%.
(5) 
Building height. Building height shall be a maximum of 35 feet as set forth in § 140-17, Definitions. A basement or an attic may not be used for habitation and shall be used only for storage, utilities or similar uses. Congregate care structures shall be limited to three stories.
E. 
Minimum regulations. Congregate care and multifamily development in the MLCC Zone shall be subject to the following minimum regulations:
(1) 
Setback requirements for buildings.
(a) 
From an existing public street: 100 feet.
(b) 
From an internal road: 15 feet.
(c) 
From any internal parking access road: 15 feet.
(d) 
From any internal parking area: 15 feet.
(e) 
From any residential property line: 65 feet.
(f) 
From any nonresidential property line: 30 feet.
(2) 
Open space and recreation areas. Active and passive recreational and open space areas shall be provided and shall include suitable landscaping, sitting and walking areas, and such other recreational facilities as may be appropriate for the use.
(3) 
Buffer areas. Landscaped buffer strips shall be permanently maintained in accordance with the following regulations. The buffer area may be included in required setback areas and in required wetland transition areas.
(a) 
Buffer location and depth. Buffers shall be maintained as follows:
[1] 
Where the tract abuts an existing nonresidential use or zone, a buffer strip at least 20 feet in width; and
[2] 
Where congregate care development abuts a single-family residential use or zone, a buffer strip at least 50 feet in width; and
[3] 
Where the tract abuts public open space, no buffer shall be required.
(b) 
Requirements of buffer area. Where an area required for a buffer is already wooded, it shall be left in its natural state, and the existing growth shall be supplemented with additional plant materials where necessary. Buffer areas shall contain a strip not less than 20 feet in width containing massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous screen throughout the entire year within two full growing seasons following the planting of the buffer. Evergreen trees shall have a minimum height of five to six feet when planted, deciduous trees shall be a minimum caliper of 2 1/2 inches, and shrubs shall be of sizes and planted in accordance with American Association of Nurserymen's standards.
(c) 
Use of buffer areas. Required buffers shall be used for no other purpose than as a buffer and as part of the required open space of the tract. The only structures which may be erected with a buffer area are fences as elsewhere regulated in the chapter, and required utilities and access drives. All nonpaved areas shall be suitably landscaped with trees, shrubs, grass, ground covers and other landscaping materials.
F. 
Other regulations. Congregate care developments in the MCC Zone shall be subject to the following regulations, requirements and standards:
(1) 
All utilities shall be installed underground by the developer.
(2) 
All developments shall be served by public water and sanitary sewer systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to the sewer and water systems servicing the development.
(3) 
Garbage, refuse storage and recyclable collection areas suitable for containerized collection shall be provided in sufficient numbers and locations. Such areas shall be screened from view by solid masonry walls, or other suitable materials.
(4) 
Garbage and refuse collection shall be provided and maintained by the body responsible for internal private streets and other common facilities.
(5) 
Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required by this chapter or appropriate or necessary to the development shall be installed at the expense of the developer in accordance with the specifications of this section except as modified herein.
(a) 
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer and his successors in title.
(b) 
Private parking access drives shall intersect the interior private collector road at not less than one-hundred-foot intervals in center.
(c) 
Common private parking ports shall not be classified as permanent dead-end streets (§ 140-233).
(6) 
All streets and roads within the tract shall be private streets and shall be maintained by the body responsible for common areas. Rights of access and enforcement shall be formally granted to the Township.
(7) 
Internal private roads (§ 140-233) shall have the following pavement widths:
(a) 
Interior private collector roads shall be 30 feet wide (no parking provided).
(b) 
Interior private collector roads shall have a minimum four-foot-wide concrete sidewalk. Where adjacent to overhangs and parking areas, the minimum width of sidewalks shall be five feet six inches. This sidewalk may be within a required setback area.
(c) 
Private parking access roads shall be a minimum of 25 feet wide when included within any parking area.
(d) 
Emergency access roads shall perform to minimum standards approved by the Township Engineer for emergency access and fire-fighting equipment.
(8) 
Parking. Parking stalls shall be a minimum of nine feet by 18 feet. Handicapped parking stalls shall be 12 feet by 18 feet and serviced by depressed curbing. Parking shall be provided as follows:
(a) 
Congregate care dwellings: at least 1/2 parking space shall be provided for each dwelling unit. In addition, guest and employee parking shall be provided at the ratio of one space for every five units.
(9) 
Common open space, recreational or other facilities shall be owned, operated and maintained as such by the owner.
(10) 
In any case where the maintenance or repair of any wall, fence or other improvement by its owner of his agent would require entry upon adjacent property, an appropriate easement or right shall be created in favor of the subject owner. All such easements shall be detailed as to the required notice and any limitations upon the right of entry and shall provide a specific means of arbitration in the event of disputes.
(11) 
Performance guarantee. In the MLCC Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
(12) 
Maintenance guarantee. In the MLCC Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply.
(13) 
Improvements required prior to issuance of certificate of occupancy. In the MLCC Zone, the provisions of § 140-302K shall apply with respect to the issuance of a certificate of occupancy.
(14) 
Inspection fees. The provisions of § 140-60 pertaining to inspection fees shall be applicable to all development within the MLCC Zone.
(15) 
The provisions of this section shall be specifically subject to the provisions of Article XLI, General Requirements, of this Part 6, and a developer's agreement with the Township Committee pertaining to provisions of inclusionary Mount Laurel units.
[Added 8-22-2018 by Ord. No. 10-2018]
A. 
Purpose. The purpose of this zone is to allow for a multifamily project of mixed residential uses that partially addresses the Township's affordable housing obligation. The developer's agreement shall govern the nature of the restricted multifamily project to be constructed by the developer, and require a 20% set-aside for affordable housing with the option of a payment in lieu of construction if permitted in the developers agreement. The Planning Board shall make compliance with such developer's agreement a condition of any approval it may grant for a development in the ML-10 Zone. Development not part of the Mount Laurel compliance program shall conform to underlining zoning requirements.
B. 
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract, containing the entirety of the multifamily and townhouse developments along with all ancillary components; separate tracts for the multifamily and townhouse developments; and the fee simple parcels within the townhouse tract. This zone operates under a technical subdivision provision pursuant to § 140-81 of the Wall Township Ordinance, which allows a developer to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
C. 
Permitted principal uses. In the ML-10 Zone, no premises shall be used and no structure shall be erected, altered or occupied for any purposes except the following:
(1) 
Attached dwellings.
(a) 
Townhouses, provided that not more than six units shall be attached.
(2) 
Multifamily.
D. 
Permitted accessory uses.
(1) 
Enumeration of permitted accessory uses and structures.
(a) 
Common parking areas.
(b) 
Common private recreational facilities and structures and open space, including but not limited to a clubhouse and swimming pool.
(c) 
Private attached garages for not more than two vehicles.
(d) 
Common maintenance and trash facilities.
(e) 
All provisions of the Wall Township sign regulations contained in Article XXIX shall apply with the exception of the following:
[1] 
Maximum number of monument signs, inclusive of a double-sided sign constituting one sign: one plus two directional signs which shall also be monument signs;
[2] 
Maximum height: eight feet;
[3] 
Maximum area per side of each sign: 80 square feet for monument sign and 20 square feet for related directional sign;
[4] 
Minimum sign setback from the property line: 10 feet;
[5] 
Minimum distance between signs: 40 feet.
(f) 
Up to but not exceeding one caretaker unit.
(g) 
Such other uses and structures that are customary and incidental to the principal use as may be permitted by the approving authority. All structures accessory to individual dwelling units shall be attached to the dwelling unit to which they are accessory.
(h) 
Detached/freestanding storage units, which shall be used only for the personal storage of residents residing on site, or equipment to maintain the facility.
E. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein, applications for developments in the ML-10 Zone shall follow and be subject to the applicable procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review of this chapter and other applicable ordinances which are incorporated herein by reference.
F. 
Maximum regulations. Development in the ML-10 Zone shall be subject to the following maximum regulations:
(1) 
Density. The gross density of the overall tract shall be no more than 10 dwelling units per acre, prior to any dedications of land to public entities.
(2) 
Impervious surfaces. The maximum total impervious surface shall not exceed 60%, of the developable area of the tract.
(3) 
The maximum total lot coverage by buildings shall be 30% of the developable area of the tract.
(4) 
Residential units per building. The maximum residential units per building in multifamily buildings shall be 30. The maximum residential units per building in townhouses shall be six.
(5) 
Principal building length. The maximum principal building length for both multifamily and townhouse buildings shall be 200 feet.
(6) 
Building height.
(a) 
Each townhouse shall be limited to 2.5 stories and 35 feet and shall include the option of a basement, provided that the basement is not a story above grade.
(b) 
Each multifamily building shall be a maximum of three stories and 45 feet.
(c) 
Accessory clubhouse and maintenance buildings shall be limited to one story and 20 feet in height.
(d) 
Building height shall be measured as set forth in § 140-17, Definitions, of this chapter, except that height in this zone shall be measured from the average proposed finished grade to the midpoint of the roof.
(7) 
Bedroom distribution. Multifamily units shall have either one-, two-, or three-bedroom units. Townhouses shall have either two- or three-bedroom units.
G. 
Minimum regulations. Developments in the ML-10 Zone shall be subject to the following minimum regulations:
(1) 
Overall tract requirements, including parcels for both multifamily and townhouses developments:
(a) 
Minimum lot area: 18 acres.
(b) 
Minimum lot width: 200 feet.
(c) 
Minimum lot frontage: 200 feet.
(d) 
Minimum lot depth: 200 feet.
(e) 
Minimum building setback from internal lot lines: zero feet.
(f) 
Minimum principal building setback from external tract line: 50 feet.
(g) 
Minimum accessory building setback from external tract boundary: 15 feet.
(h) 
Minimum distance between structures: 35 feet.
(i) 
Minimum principal building setback from internal roads: 15 feet.
(j) 
Minimum principal building setback from internal parking access roads: 15 feet.
(k) 
Minimum principal building setback from internal parking area: 15 feet.
(l) 
Accessory structures shall be permitted in the front yard area if adequately screened and buffered from view from all public streets.
(2) 
Parcel requirements for individual townhouse lots:
(a) 
Minimum lot area: 0.04 acre.
(b) 
Minimum lot width: 20 feet.
(c) 
Minimum lot frontage: 20 feet.
(d) 
Minimum lot depth: 90 feet.
(e) 
Minimum setbacks, principal:
[1] 
Front yard setback: 15 feet.
[2] 
Side yard setback: zero feet.
[3] 
Rear yard setback: five feet (to deck), 15 feet to building.
(3) 
Dwelling unit width. No multifamily dwelling shall be less than 15 feet in width. No townhouse dwelling shall be less than 20 feet in width.
(4) 
Dwelling unit characteristics. Each dwelling unit shall contain, at a minimum, a separate bedroom, a separate bathroom and a kitchen which shall be located separate and apart from other rooms except for the living area. The mix of dwelling units shall be in conformance with this chapter.
(5) 
Dwelling unit size.
(a) 
Multifamily dwelling units shall have a minimum of 750 square feet of habitable area.
(b) 
Townhouse dwelling units shall have a minimum dwelling unit size of 1,400 square feet.
(6) 
Dwelling unit storage. No dwelling unit shall contain less than 250 cubic feet of storage space, which may be within garages, basements, cellars or separate storage buildings, and which shall be in addition to bedroom closet space provided with the unit. If within garages, a rectangle of not less than nine feet by 18 feet shall remain clear for parking vehicles.
(7) 
Open space and recreation areas. The applicant shall provide recreational amenities for townhouse and multifamily residents, including:
(a) 
A recreation building or clubhouse with a minimum size of 25 square feet for each dwelling unit in the development.
(b) 
Open lawn play area(s) with a minimum combined square footage of 1,000 square feet.
(c) 
Picnic/barbecue area(s).
(d) 
Bicycle parking.
(e) 
Three or more of the following facilities: a swimming pool of a minimum size of 800 square feet, boccie court, pickleball court, tot lot/play area, tennis court, basketball court, community garden, exercise area, off-leash dog area, and other related recreational amenities as approved by the Board. For the purposes of this subsection, a swimming pool shall count as two facilities.
(8) 
Buffer and landscape areas.
(a) 
Buffer location. Except as otherwise permitted by the approving authority, where the overall tract abuts an existing residential zone, use, or use permitted in a residential zone, a landscaped buffer strip at least 35 feet in width shall be permanently maintained along the property line abutting such zone or use. Where the overall tract abuts a nonresidential zone or use not permitted in a residential zone, a landscaped buffer strip at least 25 feet in width shall be established and permanently maintained along the property line abutting such zone or use. Existing vegetation shall be maintained to the greatest extent possible.
(b) 
Buffer areas shall consist of lawn area and massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreen coniferous trees shall have a minimum height of six feet when planted. Deciduous trees shall have a minimum caliper of 2 1/2 inches when planted. All plant material shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurseryman, Inc.
(c) 
Use of buffer, areas. Required buffers shall be used for no other purpose than as a buffer and as part of the required open space of the tract. The only structures which may be erected within a buffer area are fences as elsewhere regulated in Part 4 of the Land Use and Development Regulations and retaining walls, drive openings, and necessary internal driveways, for the first 400 feet of driveway entrance to the site unless otherwise permitted by the approving authority.
(d) 
Wooded areas. Where an area required for a buffer is already wooded, it shall be left in its natural state to the maximum extent feasible, and the existing growth shall be supplemented with additional plant material where necessary as required by the approving authority.
(e) 
The proposed tree clearing grading and landscape plan shall respect and complement the existing topographic features of the site where practical.
(f) 
All mechanical equipment, trash enclosures, and related accessory structures shall be screened from view.
H. 
Other regulations. Developments in the ML-10 Zone shall be subject to the following regulations, requirements and standards:
(1) 
All utilities shall be installed underground by the developer.
(2) 
All dwelling units shall be served by public water and sanitary sewer systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to the sewer and water systems servicing the development.
(3) 
Garbage, refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with Article XXXV of the Land Use and Development Regulations.
(4) 
Garbage and refuse collection shall be provided and maintained by the body responsible for internal private streets and other common facilities.
(5) 
Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required by this chapter or appropriate or necessary to the development shall be installed at the expense of the developer in accordance with the specifications of this chapter except as modified herein:
(a) 
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer and his successors in title.
(6) 
All streets and roads within the tract shall be private streets and shall be maintained by the body responsible for common areas. Rights of access and enforcement shall be formally granted to the Township.
(7) 
The New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 shall govern the pavement width of internal private roads.
(8) 
Parking. The New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 shall govern the parking requirements.
(a) 
Parking shall be allowed in the front yard of each individual tract.
(b) 
The minimum parking setback from the external overall tract boundary shall be 10 feet. Parking shall not be permitted in required buffer areas.
(9) 
Common open space, recreational or other facilities shall be owned, operated and maintained as such by an association comprised of all the owners of the individual units and/or a property management company for the apartment buildings.
(10) 
All detention basins and facilities located within the ML-9 Zone shall comply with all applicable regulations under the Flood Hazard Control Act, N.J.S.A. 58:16A-50 et seq., and the New Jersey Stormwater Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas are utilized for stormwater management, the regulations of the New Jersey Department of Environmental Protection shall apply and any inconsistent provisions of the applicable Wall Township ordinances may be waived. Trees, shrubs and other vegetation may be planted on the slopes or banks of detention basins or facilities constructed in fill, provided the landscaping is attractively maintained. All detention and retention basins with permanent dry-weather pools of water shall have a water depth to minimize propagation of mosquitoes and provided with mechanical aeration for water quality.
(11) 
All proposed restrictive covenants, articles of incorporation or other documents related to the creation of a homeowners' association, trust documents or other deed or documents to provide for ownership, age restrictions for rental units, and maintenance of common property and facilities shall be submitted to the Township for review by the Planning Board and Township Attorney prior to final review of any subdivision or site plan.
(12) 
In any case where the maintenance or repair of any wall, fence or other improvement by its owner or his or her agent would require entry upon the adjacent property, an appropriate easement or right-of-way shall be created in favor of the subject owner. All such easements shall be detailed in specifications as to the required notice and any limitations upon the right of entry shall provide a specific means of arbitration in the event of disputes.
(13) 
Soil removal. The provisions of § 140-117 of this chapter pertaining to the removal of soil shall apply to developments in the ML-8A Zone as modified as follows:
(a) 
The provisions of § 140-117A shall be modified to authorize the Planning Board to issue a temporary soil removal of subsoil as may be necessary to construct the structures approved by the approving authority.
(b) 
The provisions of § 140-117B shall be modified to authorize the Planning Board to issue a temporary soil removal permit for the removal of soil, sand or gravel as may be necessary to render the premises suitable for the ML-8A development, for which a site plan or major subdivision plat has been approved. The Planning Board shall apply the standards of Chapter 188, Soil Removal.
(14) 
Performance guarantee. In the ML-10 Zone, the provisions of § 140-92 with respect to performance guarantees shall apply. Performance guarantees shall be permitted separately for the multifamily and townhouses phases.
(15) 
Maintenance guarantee. In the ML-10 Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply. Maintenance guarantees shall be permitted separately for the multifamily and townhouses phases.
(16) 
Improvements required prior to issuance of certificate of occupancy. In the ML-10 Zone, the provisions of § 140-286I shall apply with respect to the issuance of certificates of occupancy.
(a) 
No permanent certificate of occupancy shall be issued for any use or building until all required improvements are installed and approved by the Township Engineer or other appropriate authority.
(b) 
No temporary certificate of occupancy shall be issued for any use or building unless the Township Engineer shall have, where applicable, certified to the following:
[1] 
Utilities and drainage. All utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed, and service to the lot, building or use from such utilities shall be available.
[2] 
Street rights-of-way. All street rights-of-way necessary to provide access to the lot, building or use in question shall have been completely graded and all slope-retaining devices or slope planting shall have been installed.
[3] 
Sidewalks. All sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed.
[4] 
Streets. Curbing and the bituminous base course of bituminous concrete streets necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
[5] 
Curbing and parking areas. Curbing and the bituminous base course of parking areas necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
[6] 
Obstructions. All exposed obstructions in parking areas, access drives or streets such as manhole frames, water boxes, gas boxes and the like shall be protected by building to the top of such exposures with bituminous concrete as directed by the Township Engineer.
[7] 
Screening, fences, and landscaping. All required screening, fencing and/or landscaping related to the lot, building or use in question shall have been properly installed, unless the Township Engineer shall direct the developer to delay the planting of screening and landscaping until the next planting season in order to improve the chances of survival of such plantings.
[8] 
Site grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.
[9] 
Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved. However, the public water supply shall not be used to supply outdoor sprinkler systems.
[10] 
Lighting. The lighting plan shall comply with all applicable ordinance requirements, as well as the following standards:
[a] 
All outdoor lighting shall be aimed, located, designed, fitted and maintained so as not to present a disabling glare hazard to drivers or a nuisance to neighboring properties. Glare shall be controlled through the use of full cutoff fixtures, the appropriate application of mounting height, wattage, aiming, fixture placement, and fixture design, etc. and the addition of shields and baffles as necessary.
[b] 
Applicants shall use fixtures to complement the building architecture. Pole-mounted lights shall be a maximum of 20 feet tall. Floodlights and spotlights shall not be permitted.
[c] 
Lighting shall be controlled by automatic switching devices, such as timers, motion detectors, and/or photocells, to extinguish potentially offending, nonessential light sources overnight, to minimize glare and sky-lighting consequences.
[d] 
Freestanding signs shall not be internally illuminated.
[11] 
Street signs and traffic control devices. All street signs, paint lining and/or traffic control devices affecting the proposed lot, building, or use, and required under the terms of approval of a subdivision or site plan or by federal, county, or municipal rules, regulations, or laws, shall have been installed.
[12] 
Performance guarantee. The Engineer shall have received a statement signed by the developer and any entity providing any performance guarantee, which contains language identical or similar to the following: "The issuance of any certificate of occupancy (temporary or permanent) shall not be a basis for any claimed reduction in any performance guarantee."
[13] 
Other. Any other conditions established for issuance of a certificate of occupancy by the Planning Board as a condition of final site plan or subdivision approval shall be complied with.
[14] 
Temporary certificates of occupancy shall be issued for a specified period of time, not to exceed one year.
(17) 
Inspection fees. The provisions of § 140-60 of this chapter pertaining to inspection fees shall be applicable to all development within the ML-10 Zone.
I. 
Affordable housing requirements. The restrictions and standards applicable to inclusionary housing of low- and moderate-income persons and families are set forth in Article XLII of the Land Use and Development Regulations. The affordable housing set-aside requirement for multifamily rental units shall be 20%. There is no required affordable housing set-aside for townhouse units. However, the townhouse developer shall make a payment in lieu of construction in an amount to be negotiated with the Township governing body as set forth in a developer's agreement.
J. 
Design requirements. Development in the ML-10 Zone shall conform to the design guidelines in Part 5 of the Land Use and Development Regulations in addition to the following supplemental guidelines:
(1) 
The site plan shall be required to depict and delineate the edge of all woodlands, and shall be required to map or survey only the trees on site that are greater than 12 inches in diameter.
(2) 
The minimum open space shall be 40%.
(3) 
The front facade of any structure shall not continue on the same plane for a distance of more than the width of two horizontally adjacent units. Offsets between front facade planes shall not be less than two feet for no more than 20 feet.
(4) 
Building architecture. Development shall comply with the Building Design Standards of § 140-252, as well as the following additional standards:
(a) 
Primary elements of traditional architectural styles with pitched roofs with a minimum slope of 5/12.
[1] 
When buildings are greater than 9,000 square feet, and where a fully pitched roof throughout would not be practical, a sloped perimeter roof with a slope of 5/12 or greater shall be permitted in coordination with a flat roof, provided that the appearance is that of a full roof. The primary roofing materials shall be standing seam metal or dimensional shingles.
(b) 
All buildings shall provide architectural elements such as wall articulations and roofline variations. Box-like building shapes that offer minimal articulation of the walls and roofline shall be prohibited.
(c) 
All facades facing driveways, parking areas, or public rights-of-way shall be architecturally treated as front facades.
(d) 
All accessory buildings and structures shall be treated architecturally to complement the residential buildings.
K. 
Waivers or modifications of standards and requirements. The approving authority may grant waivers or modifications of any improvement requirements or standards of this section or Part 4 of the Land Use and Development Regulations if appropriate and warranted by the facts and circumstances of each particular development, including but not limited to whether what is proposed conforms to RSIS. The resolution of approval shall specifically state the reasons for any such waivers or modifications.
[Added 9-23-2020 by Ord. No. 7-2020; amended 11-26-2024 by Ord. No. 16-2024]
A. 
Purpose. The purpose of this zone is to allow for an inclusionary multifamily project of age-restricted residential uses consisting of 28 market rate units and 10 rental age-restricted affordable units that partially addresses the Township's affordable housing obligation. The developer's agreement shall govern the nature of the age-restricted multifamily project to be constructed by the developer, and require a set-aside for affordable housing providing for 10 rental age-restricted affordable units. The Planning Board shall make compliance with such developer's agreement a condition of any approval it may grant for a development in the AHl- Atlantic Avenue Zone.
B. 
Permitted principal uses. In the AH1-Atlantic Avenue, no premises shall be used and no structure shall be erected, altered or occupied for any purposes except the following, provided that a minimum of 10 affordable age-restricted rental units are provided.
(1) 
Multifamily dwellings.
(2) 
Townhouse dwellings.
(3) 
Stacked townhouse dwellings. A stacked townhouse shall be defined as a structure containing two or more connected dwelling units stacked one dwelling unit above another that share the same footprint, which can include shared floors divided by walls and shared common party walls, with private entrances to each unit that may have a shared/covered vestibule. A stacked townhouse building shall have a maximum of 10 dwelling units.
C. 
Permitted accessory uses.
(1) 
Enumeration of permitted accessory uses and structures.
(a) 
Common parking areas.
(b) 
Garage parking facilities under multifamily dwellings.
(c) 
Common private recreational facilities, structures, and open space.
(d) 
Common maintenance and trash facilities.
(e) 
All provisions of the Wall Township sign regulations contained in Article XXIX shall apply except that one monument style sign identifying the name of the development, as defined below, is permitted.
[1] 
Sign, monument: A sign in which the entire bottom is in contact with the ground, utilizing a base or structural frame of stone, brick, or other material that is harmonious in architectural style and material to the existing principal building(s) on site.
[2] 
Maximum sign face area: 50 square feet per side, except that no double-faced sign shall be greater than 18 inches in thickness as measured between sign faces.
[3] 
Maximum sign height: seven feet.
[4] 
Minimum setback: five feet from the front, side, and rear property lines.
[5] 
Structural frame shall project perpendicular from a sign face by no more than six inches and parallel by no more than 18 inches.
[6] 
Signs may only be externally illuminated by ground lights directed at the sign and in compliance with § 140-213, Lighting.
(f) 
Such other uses and structures that are customary and incidental to the principal use as may be permitted by the approving authority. All structures accessory to individual dwelling units shall be attached to the dwelling unit, to which they are an accessory.
(g) 
Temporary sales/rental trailer, the location to be shown on the approved site plan, which shall be removed after 90% of the dwelling units have received a certificate of occupancy.
(h) 
One rental management office located within one of the residential buildings.
D. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein, applications for developments in the AH1-Atlantic Avenue Zone shall follow and be subject to the applicable procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review of this chapter and other applicable ordinances which are incorporated herein by reference.
E. 
Maximum regulations. Development in the AH1-Atlantic Avenue Zone shall be subject to the following maximum regulations:
(1) 
Density. The gross density of the overall tract shall not exceed 38 units, consisting of not more than 28 market rate age-restricted units and 10 age-restricted affordable units.
(2) 
Impervious surfaces. The maximum total impervious surface shall not exceed 65%.
(3) 
The maximum total lot coverage by buildings shall be 30%.
(4) 
Residential units per building. The maximum number of units per building in multifamily residential buildings shall be 12. The maximum number of units per building in a townhouse or stacked townhouse residential building shall be 10.
(5) 
Principal building length. The maximum principal building length for multifamily buildings shall be 120 feet. The maximum principal building length for townhouse and stacked townhouse buildings shall be 197 feet.
(6) 
Building height.
(a) 
Each multifamily, townhouse, and stacked townhouse building shall be a maximum of three stories and 42 feet.
(b) 
Accessory maintenance building shall be limited to one story and 20 feet in height.
(7) 
Bedroom distribution. Affordable units shall comply with N.J.A.C. 5:80-26.3(c).
F. 
Minimum regulations. Developments in the AH1 - Atlantic Avenue Zone shall be subject to the following minimum regulations:
(1) 
Overall tract requirements:
(a) 
Minimum lot area: four acres.
(b) 
Minimum lot width: 200 feet.
(c) 
Minimum lot frontage: 200 feet.
(d) 
Minimum lot depth: 800 feet.
(e) 
Minimum building setback from internal lot lines: zero feet.
(f) 
Minimum principal building setback from external tract line:
[1] 
Front yard: 100 feet.
[2] 
Side yard: 25 feet.
[3] 
Rear yard: 80 feet.
(g) 
Minimum distance between principal structures: 25 feet.
(h) 
Minimum principal building setback from internal roads: 10 feet, except for direct garage access.
[1] 
Minimum principal building setback from internal parking area: 10 feet.
(2) 
Dwelling unit width. No multifamily, townhouse, or stacked townhouse dwelling shall be less than 15 feet in width.
(3) 
Dwelling unit characteristics. Each dwelling unit shall contain, at a minimum, a separate bedroom, a separate bathroom and a kitchen which shall be located separate and apart from other rooms except that a combined living room and kitchen area shall be permitted. The mix of dwelling units shall be in conformance with this chapter.
(4) 
Dwelling unit size.
(a) 
Multifamily dwelling units shall have a minimum of 750 square feet of habitable area.
(5) 
Garages, basements, cellars or a separate storage building, and which shall be in addition to bedroom closet space provided with the unit. If within garages, a rectangle of not less than nine feet by 18 feet shall remain clear for parking vehicles.
(6) 
Open space and recreation areas. The applicant shall provide a minimum of two of the following recreational amenities:
(a) 
Open lawn play area(s) with a minimum combined square footage of 1,000 square feet.
(b) 
Picnic/barbecue area(s).
(c) 
Bicycle parking.
(d) 
A bocce court, community garden, or other related recreational amenities as approved by the Board.
(7) 
Buffer and landscape areas.
(a) 
Buffer location.
[1] 
A minimum combined yard landscape buffer of 15 feet, with no less than five feet on each side shall be permanently maintained along the side property lines.
[2] 
A minimum twenty-five-foot buffer along the rear property line shall be maintained.
(b) 
Buffer areas shall consist of lawn area and/or massed evergreen and deciduous trees and shrubs planted and fencing designed and constructed in such a manner that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreen coniferous trees shall have a minimum height of six feet when planted. Deciduous trees shall have a minimum caliper of 2 1/2 inches when planted. All plant material shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurseryman, Inc. Any buffer area less than 15 feet in depth shall also include a minimum six-foot-high solid decorative fence, except that said fence shall not exceed four feet in height in any front yard or front yard setback.
(c) 
Use of buffer areas. Required buffers shall be used for no other purpose than as a buffer and as part of the required open space of the tract. The only structures which may be erected within a buffer area are fences as elsewhere regulated in Part 4, of the Land Use and Development Regulations; retaining walls, stormwater basins, and walkways or driveways providing direct access onto adjacent property, unless otherwise permitted by the approving authority. Perimeter driveways/walkways or driveways/walkways accessing a collector or arterial road shall not be permitted within a required buffer area.
(d) 
Wooded areas. Where an area required for a buffer is already wooded, it shall be left in its natural state to the maximum extent feasible, and the existing growth shall be supplemented with additional plant material where necessary as required by the approving authority.
(e) 
The proposed tree clearing grading and landscape plan shall respect and complement the existing topographic feature of the site where practical.
(f) 
All mechanical equipment, trash enclosures, and related accessory structures shall be screened from view.
G. 
Other regulations. Developments in the AH1-Atlantic Avenue Zone shall be subject to the following regulations, requirements and standards:
(1) 
All utilities shall be installed underground by the developer.
(2) 
All dwelling units shall be served by public water and sanitary sewer systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to the sewer and water systems servicing the development
(3) 
Garbage, refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with § 140-164 and Article XXXV of the Land Use and Development Regulations except that outdoor storage areas for solid waste shall be permitted within a side yard and must be properly maintained.
(4) 
Garbage, refuse, leaf and brush collection, removal of snow ice and other obstructions from internal roads and streets and lighting of roads and streets shall be provided and maintained by the body responsible for internal private streets and other common facilities. If the Township provides garbage pickup, reimbursement to the owner shall be governed by the Qualified Private Communities Statute (N.J.S.A. 40:67- 23.3).
(5) 
Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required by this chapter or appropriate or necessary to the development shall be installed at the expense of the developer in accordance with the specifications of this chapter except as modified herein.
(a) 
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer and his successors in title.
(6) 
All streets and roads within the tract shall be private streets and shall be maintained by the body responsible for common areas. Rights of access and enforcement shall be formally granted to the Township upon written request by the body responsible for common areas and upon the adoption of a resolution of the Township Committee authorizing the enforcement of the provisions of Subtitle 1 of Title 39 on the subject property.
(7) 
The New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 shall govern the pavement width of internal private roads.
(8) 
Parking. The New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 shall govern parking requirements.
(a) 
Parking shall be allowed in the front yard.
(b) 
The minimum parking setback from the external overall tract boundary shall be 10 feet. Parking shall not be permitted in required buffer areas.
(9) 
Common open space, recreational or other facilities shall be owned, operated and maintained as such by an association comprised of all the owners of the individual units.
(10) 
All detention basin(s) and facilities located within the AH1-Atlantic Avenue Zone shall comply with all applicable regulations under the Flood Hazard Control Act, N.J.S.A. 58:16-A50, et. seq. and the New Jersey Stormwater Management Act, N.J.S.A. 7:8, et. seq. If any wetlands areas are utilized for stormwater management, the regulations of the New Jersey Department of Environmental Protection shall apply and any inconsistent provisions of the applicable Wall Township ordinances may be waived. Trees, shrubs and other vegetation may be planted on the slope or banks of detention basins or facilities constructed in fill, provided the landscaping is attractively maintained. All detention and retention basins with permanent dry-weather pools of water shall have a water depth to minimize propagation of mosquitoes and provided with the mechanical aeration for water quality.
(11) 
All proposed restrictive covenants, articles of incorporation or other documents relate to the creation of a homeowners' association, trust documents or other deed or documents to provide for ownership, age restrictions for rental units, and maintenance of common property and facilities shall be submitted to the Township for review by the Planning Board and Township Attorney prior to final review of any subdivision or site plan.
(12) 
In any case where the maintenance or repair of any wall, fence or other improvement by its owner or his or her agent would require entry upon the adjacent property, an appropriate easement or right-of-way shall be implied in favor of the owner who requires access. All such easements shall be detailed in specifications in the Homeowner's Association documents as to the required notice of any limitations upon the right of entry shall provide a specific means of arbitration in the event of disputes.
(13) 
Soil removal. The provisions of § 140-117 of this chapter pertaining to the removal of soil shall apply to the developments in the AH1-Atlantic Avenue Zone.
(14) 
Performance guarantee. In the AH1-Atlantic Avenue Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
(15) 
Maintenance guarantee. In the AH1-Atlantic Avenue Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply.
(16) 
Improvements required prior to issuance of certificate of occupancy. In the AH1- Atlantic Avenue Zone, the provisions of § 140-288 shall apply with respect to the issuance of certificates of occupancy.
(a) 
No permanent certificate of occupancy shall be issued for any use or building until all required improvements are installed and approved by the Township Engineer or other appropriate authority.
(b) 
No temporary certificate of occupancy shall be issued for any use or building unless the Township Engineer shall have, where applicable, certified to the following:
[1] 
Utilities and drainage. All utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed and service to the lot, building or use from such utilities shall be available.
[2] 
Street right-of-way. All street rights-of-way necessary to provide access to the lot, building or use in question shall have been completely graded and all slope-retaining devices or slope planting shall have been installed.
[3] 
Sidewalks: All sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed.
[4] 
Streets: Curbing, and the bituminous base course of bituminous concrete streets necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
[5] 
Curbing and parking areas: Curbing and the bituminous base course of parking areas necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
[6] 
Obstructions: All exposed obstructions in parking areas, access drives or streets such as manhole frames, water boxes, gas boxes and the like shall be protected by building the top of such exposures with bituminous concrete as directed by the Township Engineer.
[7] 
Screening, fences, and landscaping: All required screening, fencing and/or landscaping related to the lot, building or use in questions shall have been properly installed, unless the Township Engineer shall direct the developer to delay the planting of screening and landscaping until the next planting season in order to improve the chances of survival of such plantings.
[8] 
Site grading: All site grading necessary to permit property surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.
[9] 
Public water supply: Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved. However, the public water supply shall not be used to supply outdoor sprinkler systems.
[10] 
Lighting: The lighting plan shall comply with all applicable ordinance requirements, as well as the following standards:
[a] 
All outdoor lighting shall be aimed, located, designed, fitted and maintained so as not to present a disabling glare hazard to drivers or nuisance to neighboring properties. Glare shall be controlled through the use of full cutoff fixtures, the appropriate application of mounting height, wattage, aiming, fixture placement, and fixture design, etc. and the addition of shields and baffles as necessary.
[b] 
Applicant shall use fixtures to complement the building architecture. Pole-mounted lights shall be a maximum of 20 feet tall. Floodlights and spotlights shall not be permitted.
[c] 
Lighting shall be controlled by automatic switching devices, such as timers, motion detectors, and/or photocells, to extinguish potentially offending, nonessential light sources overnight, to minimize glare and sky-lighting consequences.
[d] 
LED lighting shall not exceed 3,500° Kelvin.
[11] 
Street signs and traffic control devices: All street signs, paint lining and/or traffic control devices affecting the proposed lot, building, or use, and required under the terms of approval of a subdivision or site plan or by federal, county, or municipal rules, regulations, or laws, shall have been installed.
[12] 
Performance guarantee: The Engineer shall have received a statement signed by the developer and any entity providing any performance guarantee, which contains language identical or similar to the following: "The issuance of any certificate of occupancy (temporary or permanent) shall not be a basis for any claimed reduction in any performance guarantee."
[13] 
Other: any other conditions established for issuance of a certificate of occupancy by the Planning Board as a condition of final site plan or subdivision approval shall be complied with.
[14] 
Temporary certificates of occupancy shall be issued for a specified period of time, not to exceed one year.
(17) 
Inspection fees. The provisions of § 140-60 of this chapter pertaining to inspection fees shall be applicable to development within the AH1-Atlantic Avenue Zone.
H. 
Affordable housing requirements. The restrictions and standards applicable to inclusionary housing of low- and moderate-income persons and families are set forth in Article XLII of the Land Use and Development Regulations. The required affordable housing set-aside requirement shall be 20% with a minimum of 10 units and shall comply with all applicable provisions of the substantive and procedural rules and regulations as set forth by the New Jersey (Department of Community Affairs) Council on Affordable Housing at N.J.A.C. 5:93 and 5:97 et seq. In addition, affordable housing units in this district shall comply with the Uniform Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., and the amended Fair Housing Act at P.L. 2008, c. 46, including but not limited to the provision of very-low-income units.
I. 
Design requirements. Development in the AH1-Atlantic Avenue Zone shall conform to the design guidelines in Part 5 of the Land Use and Development Regulations in addition to the following supplemental guidelines:
(1) 
The site plan shall be required to depict and delineate the edge of all woodlands, and shall be required to map or survey only the trees on site that are greater than 12 inches in diameter.
(2) 
The minimum lot open space shall be 35% and may include wetlands, wetland buffers, conservation easements, stormwater basin areas, grass and planted areas, areas within the floodplain to meet this requirement.
(3) 
The front facade of any structure shall not continue on the same plane for a distance of more than the width of two horizontally adjacent units. Offsets between front facade planes shall not be less than two feet for nor more than 20 feet.
(4) 
Building architecture. Development shall comply with building design standards of § 140-252, as well as the following additional standards:
(a) 
Primary elements of traditional architectural styles with pitched roofs with a minimum slope of 5/12.
[1] 
When buildings are greater than 9,000 square feet, and where a fully pitched roof throughout would not be practical, a sloped perimeter roof with a slope of 5/12 or greater shall be permitted in coordination with a flat roof, provided that the appearance is that of a full roof.
[2] 
The primary roofing materials shall be standing seam metal or dimensional shingles.
(b) 
All buildings shall provide architectural elements such as wall articulations and roofline variations. Box-like building shapes that offer minimal articulation of the walls and roofline shall be prohibited.
(c) 
All facades facing driveways, parking areas, or public rights-of-way shall be architecturally treated as front facades.
(d) 
All accessory buildings and structures shall be treated architecturally to complement the residential buildings.
J. 
Waivers or modifications of standards and requirements. The approving authority may grant waivers or modifications of any improvement requirements or standards of this section or Part 4 of the Land Use and Development Regulations if appropriate and warranted by the facts and circumstances of each particular development, including but not limited to whether what is proposed conforms to RSIS. The resolution of approval shall specifically state the reasons for any such waivers or modifications.
[Added 10-28-2020 by Ord. No. 9-2020]
A. 
Purpose. The purpose of this zone is to allow for a multifamily project of mixed residential uses that partially addresses the Township's affordable housing obligation. The developer's agreement shall govern the nature of the multifamily project to be constructed by the developer and require a 20% set-aside for affordable housing providing for a minimum of 32 family rental units. The Planning Board shall make compliance with such developer's agreement a condition of any approval it may grant for a development in the AH2 Route 34 Zone.
B. 
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract, containing the entirety of the multifamily and townhouse developments along with all ancillary components; separate tracts for the multifamily and townhouse developments; and the fee simple parcels within the townhouse tract. This zone operates under a technical subdivision provision pursuant to § 140-81 of the Wall Township Ordinance, which allows a developer to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility and other easements shall be applicable to the overall tract.
C. 
Permitted principal uses. In the AH2 Zone, no premises shall be used and no structure shall be erected, altered or occupied for any purposes except the following:
(1) 
Townhouses.
(2) 
Multifamily dwellings.
D. 
Permitted accessory uses.
(1) 
Enumeration of permitted accessory uses and structures.
(a) 
Common parking areas.
(b) 
Common private recreational facilities and structures and open space, including but not limited to a clubhouse, swimming pool, tot lot and walking path.
(c) 
Private attached garages for not more than two vehicles.
(d) 
Common maintenance and trash facilities.
(e) 
All provisions of the Wall Township sign regulations contained in Article XXIX shall apply except that two monument style signs identifying the name of the development, as defined below, is permitted.
[1] 
Sign, monument. A sign in which the entire bottom is in contact with the ground, utilizing a base or structural frame of stone, brick, or other material that is harmonious in architectural style and material to the existing principal building(s) on site.
[2] 
Maximum sign face area: 50 square feet.
[3] 
Maximum sign height: seven feet.
[4] 
Minimum setback: five feet from the front, side, and rear property lines.
[5] 
Structural frame shall project perpendicular from a sign face by no more than six inches and parallel by no more than 18 inches.
[6] 
Signs may only be externally illuminated by ground lights directed at the sign and in compliance with § 140-213, Lighting.
(f) 
Fences and retaining walls.
(g) 
Patios, balconies, and decks.
(h) 
Trash enclosures.
(i) 
Temporary sales/rental trailer, the location to be shown on the approved site plan, which shall be removed after 90% of the dwelling units have received a certificate of occupancy.
(j) 
Such other uses and structures that are customary and incidental to the principal use as may be permitted by the approving authority.
(k) 
Stormwater facilities.
(l) 
Pump stations.
E. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein, applications for developments in the AH2 Zone shall follow and be subject to the applicable procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review of this chapter and other applicable ordinances which are incorporated herein by reference.
F. 
Maximum regulations. Development in the AH2 Zone shall be subject to the following maximum regulations:
(1) 
Density. The gross density of the overall tract shall be no more than 10 dwelling units per acre, prior to any dedications of land to public entities.
(2) 
Residential units per building. The maximum residential units per building shall be 12.
(3) 
Principal building length. The maximum principal building length for both multifamily and townhouse buildings shall be 250 feet.
(4) 
Building height.
(a) 
Each townhouse shall be limited to 2.5 stories and 35 feet and shall include the option of a basement, provided that the basement is not a story above grade.
(b) 
Each multifamily building shall be a maximum of three stories and 40 feet.
(c) 
Accessory clubhouse and maintenance buildings shall be limited to one story and 25 feet in height.
(d) 
Building height shall be measured as set forth in § 140-17, Definitions.
G. 
Minimum regulations. Developments in the AH2 Zone shall be subject to the following minimum regulations:
(1) 
Overall tract requirements, including parcels for both multifamily and townhouse developments:
(a) 
Minimum lot area: 15 acres.
(b) 
Minimum lot width: 450 feet.
(c) 
Minimum lot frontage: 450 feet.
(d) 
Minimum lot depth: 450 feet.
(e) 
Minimum building setback from internal lot lines: zero feet.
(f) 
Minimum principal building setback from external tract line: 50 feet.
(g) 
Minimum accessory building setback from external tract boundary: 50 feet.
(h) 
Minimum distance between structures: 30 feet.
(i) 
Minimum principal building setback from internal roads: 15 feet.
(j) 
Minimum principal building setback from internal parking access roads: 15 feet.
(k) 
Minimum principal building setback from internal parking area: 10 feet.
(l) 
Minimum principal building setback from detention basins: 10 feet.
(m) 
Accessory structures, including but not limited to, basins, internal roadways, parking areas, and fences shall be permitted in the front yard area setback if adequately screened and buffered from view from all public streets. Patios shall be permitted to encroach not more than 10 feet into the required front yard area setback if adequately screened and buffered from view from all public streets.
(n) 
Signs, sidewalks and walkways shall be permitted in any yard area provided they otherwise comply with the requirements of this chapter.
(2) 
Parcel requirements for individual townhouse lots.
(a) 
Minimum lot area: 0.04 acre.
(b) 
Minimum lot width: 20 feet.
(c) 
Minimum lot frontage: 20 feet.
(d) 
Minimum lot depth: 90 feet.
(e) 
Minimum setbacks, principal:
(f) 
Front yard setback: 15 feet.
[1] 
Side yard setback: zero feet.
[2] 
Rear yard setback: five feet (to patio, deck, and individual air conditioning and generator units), 15 feet to building.
(3) 
Dwelling unit width. No multifamily dwelling shall be less than 15 feet in width. No townhouse dwelling shall be less than 20 feet in width.
(4) 
Dwelling unit characteristics. Each dwelling unit shall contain, at a minimum, a separate bedroom, a separate bathroom and a kitchen which shall be located separate and apart from other rooms except that that a combined living room, dining room and kitchen area shall be permitted. The mix of dwelling units shall be in conformance with this chapter.
(5) 
Dwelling unit size.
(a) 
Multifamily dwelling units shall have a minimum of 700 square feet of habitable area.
(b) 
Townhouse dwelling units shall have a minimum dwelling unit size of 1,400 square feet.
(6) 
Dwelling unit storage. No townhouse dwelling unit shall contain less than 250 cubic feet and no multifamily dwelling unit shall contain less than 140 cubic feet which may be within garages, basements, storage closets adjoining a dwelling (e.g., attached to decks and patios) if completely enclosed on all sides, or separate storage buildings, and which shall be in addition to bedroom closet space provided with the unit. If within garages, a rectangle of not less than nine feet by 18 feet shall remain clear for parking vehicles.
(7) 
Open space and recreation areas. The applicant shall provide recreational amenities for townhouse and multifamily residents, including three or more of the following facilities:
(a) 
A recreation building or clubhouse with a minimum size of 25 square feet for each dwelling unit in the development.
(b) 
A swimming pool of a minimum size of 800 square feet.
(c) 
Open lawn play area(s) with a minimum combined square footage of 1,000 square feet.
(d) 
Picnic/barbecue area(s).
(e) 
Bicycle parking.
(f) 
Bocce court, pickle ball court, tot lot/play area, tennis court, basketball court, community garden, exercise area, off-leash dog area, and other related recreational amenities as approved by the Board.
(g) 
For the purposes of this subsection, Subsection G(7)(a) and (b) shall count as two recreational facilities each, Subsection G(7)(b), (c), (d), (e), and (f) shall count as one recreational facility each.
(8) 
Buffer and landscape areas.
(a) 
Buffer location. Except as otherwise permitted by the approving authority, where the overall tract abuts an existing residential zone, use, or use permitted in a residential zone, a landscaped buffer strip at least 25 feet in width shall be permanently maintained along the property line abutting such zone or use. Where the overall tract abuts a nonresidential zone or use not permitted in a residential zone, a landscaped buffer strip at least 40 feet in width shall be established and permanently maintained along the property line abutting such zone or use.
(b) 
Buffer areas shall consist of lawn area and massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous visual screen throughout the entire year within a period of three full growing seasons following the planting of the buffer. Evergreen coniferous trees shall have a minimum height of six feet when planted. Deciduous trees shall have a minimum caliper of 2 1/2 inches when planted. All plant material shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurseryman, Inc.
(c) 
Use of buffer, areas. Required buffers shall be used for no other purpose than as a buffer and as part of the required open space of the tract. The only structures which may be erected within a buffer area are fences, as elsewhere regulated in Part 4 of the Land Use and Development Regulations, and retaining walls, stormwater facilities, entrance and exit drive openings, sidewalks, and signs.
(d) 
Wooded areas. Where an area required for a buffer is already wooded, it shall be left in its natural state to the maximum extent feasible, and the existing growth shall be supplemented with additional plant material where necessary as required by the approving authority.
(e) 
The proposed tree clearing grading and landscape plan shall respect and complement the existing topographic features of the site where practical.
(f) 
All mechanical equipment, and related accessory structures shall be screened from view.
H. 
Other regulations. Developments in the AH2 Zone shall be subject to the following regulations, requirements and standards:
(1) 
All utilities shall be installed underground by the developer.
(2) 
All dwelling units shall be served by public water and sanitary sewer systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to the sewer and water systems servicing the development.
(3) 
Garbage, refuse storage, and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall otherwise comply with Article XXXV of the Land Use and Development Regulations.
(4) 
Garbage, refuse, leaf and brush collection, removal of snow ice and other obstructions from internal roads and streets and lighting of roads and streets shall be provided and maintained by the body responsible for internal private streets and other common facilities. Reimbursement to the owner shall be governed by the Qualified Private Communities Statute (N.J.S.A. 40:67-23.3).
(5) 
Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required by this chapter or appropriate or necessary to the development shall be installed at the expense of the developer in accordance with the specifications of this chapter except as modified herein:
(a) 
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer and his successors in title.
(6) 
All streets and roads within the tract shall be private streets and shall be maintained by the body responsible for common areas. Rights of access and enforcement shall be formally granted to the Township upon written request by the body responsible for common areas and upon the adoption of a resolution of the Township Committee authorizing the enforcement of the provisions of Subtitle 1 of Title 39 on the subject property.
(7) 
The New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 shall govern the pavement width of internal private roads.
(8) 
Parking. The New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 shall govern the parking requirements, including parking stall dimensions.
(a) 
Parking shall be allowed in the front yard setback of each individual tract.
(b) 
The minimum parking setback from the external overall tract boundary shall be 10 feet.
(9) 
Common open space, recreational or other facilities shall be owned, operated and maintained as such by an association comprised of all the owners of the individual units and/or a property management company for the apartment buildings.
(10) 
All detention basins and facilities located within the AH2 Zone shall comply with all applicable regulations under the Flood Hazard Control Act, N.J.S.A. 58:16A-50 et seq., and the New Jersey Stormwater Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas are utilized for stormwater management, the regulations of the New Jersey Department of Environmental Protection shall apply, and any inconsistent provisions of the applicable Wall Township ordinances may be waived. Trees, shrubs and other vegetation may be planted on the slopes or banks of detention basins or facilities constructed in fill, provided the landscaping is attractively maintained. All detention and retention basins with permanent dry-weather pools of water shall have a water depth to minimize propagation of mosquitoes and provided with mechanical aeration for water quality.
(11) 
All proposed restrictive covenants, articles of incorporation or other documents related to the creation of a homeowners' association, trust documents or other deed or documents shall be submitted to the Township for review by the Planning Board and Township Attorney as a condition of the approving resolution.
(12) 
In any case where the maintenance or repair of any wall, fence or other improvement by its owner or his or her agent would require entry upon the adjacent property, an appropriate easement or right-of-way shall be created in favor of the subject owner. All such easements shall be detailed in specifications as to the required notice and any limitations upon the right of entry shall provide a specific means of arbitration in the event of disputes.
(13) 
Performance guarantee. In the AH2 Zone, the provisions of § 140-92 with respect to performance guarantees shall apply. Performance guarantees shall be permitted separately for each phase.
(14) 
Maintenance guarantee. In the AH2 Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply. Maintenance guarantees shall be permitted separately for each phase.
(15) 
Improvements required prior to issuance of certificate of occupancy. In the AH2 Zone, the provisions of § 140-288 shall apply with respect to the issuance of certificates of occupancy.
(a) 
No permanent certificate of occupancy shall be issued for any use or building until all required improvements are installed and approved by the Township Engineer or other appropriate authority required for that particular use or building.
(b) 
No temporary certificate of occupancy shall be issued for any use or building unless the Township Engineer shall have, where applicable, certified to the following:
[1] 
Utilities and drainage. All utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed, and service to the lot, building or use from such utilities shall be available.
[2] 
Street rights-of-way. All street rights-of-way necessary to provide access to the lot, building or use in question shall have been completely graded and all slope- retaining devices or slope planting shall have been installed.
[3] 
Sidewalks. All sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed.
[4] 
Streets. Curbing and the bituminous base course of bituminous concrete streets necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
[5] 
Curbing and parking areas. Curbing and the bituminous base course of parking areas necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
[6] 
Obstructions. All exposed obstructions in parking areas, access drives or streets such as manhole frames, water boxes, gas boxes and the like shall be protected by building to the top of such exposures with bituminous concrete as directed by the Township Engineer.
[7] 
Screening, fences, and landscaping. All required screening, fencing and/or landscaping related to the lot, building or use in question shall have been properly installed, unless the Township Engineer shall direct the developer to delay the planting of screening and landscaping until the next planting season in order to improve the chances of survival of such plantings.
[8] 
Site grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.
[9] 
Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved.
[10] 
Lighting. The lighting plan shall comply with all applicable ordinance requirements, as well as the following standards:
[a] 
All outdoor lighting shall be aimed, located, designed, fitted and maintained so as not to present a disabling glare hazard to drivers or a nuisance to neighboring properties. Glare shall be controlled through the use of cutoff fixtures, the appropriate application of mounting height, wattage, aiming, fixture placement, and fixture design, etc. and the addition of shields and baffles as necessary. LED lights shall not exceed 3,500 degrees Kelvin.
[b] 
Applicants shall use fixtures to complement the building architecture. Pole-mounted lights shall be a maximum of 20 feet tall. Floodlights and spotlights shall not be permitted.
[c] 
Lighting shall be controlled by automatic switching devices, such as timers, motion detectors, and/or photocells, to extinguish potentially offending, nonessential light sources overnight, to minimize glare and sky-lighting consequences.
[d] 
Freestanding signs shall not be internally illuminated.
[11] 
Street signs and traffic control devices. All street signs, paint lining and/or traffic control devices affecting the proposed lot, building, or use, and required under the terms of approval of a subdivision or site plan or by federal, county, or municipal rules, regulations, or laws, shall have been installed.
[12] 
Performance guarantee. The Engineer shall have received a statement signed by the developer and any entity providing any performance guarantee, which contains language identical or similar to the following: "The issuance of any certificate of occupancy (temporary or permanent) shall not be a basis for any claimed reduction in any performance guarantee."
[13] 
Other. Any other conditions established for issuance of a certificate of occupancy by the Planning Board as a condition of final site plan or subdivision approval shall be complied with.
[14] 
Temporary certificates of occupancy shall be issued for a specified period of time, not to exceed one year.
[15] 
Inspection fees. The provisions of § 140-60 of this chapter pertaining to inspection fees shall be applicable to all development within the AH2 Zone.
[16] 
Multiple permitted residential principal uses and buildings shall be allowed on a single lot.
[17] 
Sidewalks shall only be required on one side of the internal roadways within the overall development but shall provide connections to all NJDOT sidewalks and adjacent lots.
I. 
Affordable housing requirements. The restrictions and standards applicable to inclusionary housing of low- and moderate-income persons and families are set forth in Article XLII of the Land Use and Development Regulations. A minimum of 20% of the total number of residential units, at least 32 units, shall be set aside as affordable rental units, and all affordable units shall be in multifamily buildings. The Township may request the construction of two additional affordable units (for a total of 34 units) in accordance with the terms set forth in the developer's agreement, without any reduction to the number of total market rate units. The affordable housing units shall comply with all applicable provisions of the substantive and procedural rules and regulations as set forth by the New Jersey (Department of Community Affairs) Council on Affordable Housing at N.J.A.C. 5:93 and 5:97 et seq. In addition, affordable housing units in this district shall comply with the Uniform Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., and the amended Fair Housing Act at P.L. 2008, c. 46, including but not limited to the provision of very-low-income units.
J. 
Design requirements. Development in the AH2 Zone shall conform to the design guidelines in Part 5 of the Land Use and Development Regulations in addition to the following supplemental guidelines:
(1) 
The site plan shall be required to depict and delineate the edge of all woodland.
(2) 
The minimum open space shall be 25%, which may include stormwater facilities.
(3) 
The front facade of any structure shall not continue the same plane for a distance of more than the width of two horizontally adjacent units. Offsets between front facade planes shall not be less than two feet for no more than 20 feet.
(4) 
Building architecture. Development shall comply with the following standards:
(a) 
Primary elements of traditional architectural styles with pitched roofs with a minimum slope of 5/12.
(b) 
When buildings are greater than 9,000 square feet, and where a fully pitched roof throughout would not be practical, a sloped perimeter roof with a slope of 5/12 or greater shall be permitted in coordination with a flat roof, provided that the appearance is that of a full roof. The primary roofing materials shall be standing seam metal or dimensional shingles.
(c) 
All buildings shall provide architectural elements such as wall articulations and roofline variations. Box-like building shapes that offer minimal articulation of the walls and roofline shall be prohibited.
(d) 
All accessory buildings and structures shall be treated architecturally to complement the residential buildings.
(e) 
Architectural requirements in all other sections of the Township Code shall not apply.
K. 
Waivers or modifications of standards and requirements. The approving authority may grant waivers or modifications of any improvement requirements or standards of this section or Part 4 of the Land Use and Development Regulations if appropriate and warranted by the facts and circumstances of each particular development, including but not limited to whether what is proposed conforms to RSIS. The resolution of approval shall specifically state the reasons for any such waivers or modifications.
(1) 
Developments with the AH2 Zone may be exempt from any required "tree replacement" provisions in the Township ordinances.
L. 
Whenever a standard in the AH2 Zone conflicts with another standard in the municipal land development ordinance, the AH2 Zone standard shall prevail.
M. 
Miscellaneous.
(1) 
Developer shall permit enforcement of Title 39 within internal roadways of development.
(2) 
The internal roadways and utility lines therein shall be dedicated to the Township, and the Township shall accept the same.
(3) 
Trash and recycling service will be provided by public hauler.
[Added 11-24-2020 by Ord. No. 6-2020]
A. 
Purpose. The AH3 Zone is intended to provide for the development of townhouse and multifamily housing of which 20% is restricted to occupancy by households of very-low-, low- and moderate-income. Affordable dwellings shall be integrated with and indistinguishable in outward appearance from the market-rate housing. There shall be a minimum of 60 affordable family rental dwelling units in the AH3 Zone District.
B. 
Applicability of standards. The use, bulk, design and performance standards of the AH3 Zone District shall supersede all other provisions of the Wall Township Land Use Development Ordinance. However, where the regulations and standards of the AH3 are silent, the standards of Land Development Ordinance shall apply.
C. 
Permitted uses.
(1) 
Principal uses.
(a) 
Townhouses.
(b) 
Stacked townhouses. A stacked townhouse shall be defined as a structure containing two or more connected dwelling units stacked one dwelling unit above the other, which can include shared floors divided by walls and shared common party walls, with private entrances to each unit.
(c) 
Apartments.
(2) 
Accessory uses.
(a) 
Private garages and off-street parking;
(b) 
Patios;
(c) 
Fences and walls;
(d) 
Conservation areas, recreation, open space and public purpose uses;
(e) 
Stormwater management and other utilities;
(f) 
Structures for maintenance and storage of maintenance equipment;
(g) 
Structures for tenant storage;
(h) 
Clubhouse, pool, community building, rental/management office, and model;
(i) 
Accessory uses on the same lot and customarily incidental to the principal use.
D. 
Area and bulk requirements.
(1) 
Tract requirements.
(a) 
The maximum number of dwelling units shall be 300;
(b) 
The development of the tract shall be limited to the developable area as approved in the March 4, 2010 letter from the New Jersey Department of Environmental Protection (NJDEP), Division of Watershed Management which refers to a concept plan entitled "Boulder Development LLC Concept Plan," prepared by R. Deboer, PP of French and Parrello Associates, dated January 28, 2010, last revised February 2, 2010 for Block 913 Lots 2, 3 and 15. Development limitations, as it relates to the identified concept plan, for the tract only refer to the developable area (19.9 acres) and does not endorse or require the building and site layout as depicted on the concept plan.
(c) 
The minimum setback from a public street right-of-way to any building shall be 25 feet;
(d) 
The minimum setback from a public street to off-street parking area shall be 60 feet;
(e) 
The minimum tract setback from rear and side property lines shall be 50 feet;
(f) 
The minimum planted frontage buffer to Asbury Road shall be 25 feet and provided in accordance with § 140-212.
(g) 
The minimum planted tract buffer shall be 25 feet and provided in accordance with § 140-212.
(h) 
Impervious coverage shall not exceed 70% of developable area;
(i) 
Building coverage shall not exceed 50% of developable area.
(2) 
Townhouses.
(a) 
Maximum height: 45 feet/three stories.
(b) 
Rear-loaded townhouses:
[1] 
Minimum distances from front facade to private streets:
[a] 
Building to sidewalk: 14 feet.
[b] 
Building to curb: 21 feet.
[c] 
Minimum distance from garage facade to curb, edge of alley pavement or edge of sidewalk: 20 feet.
[2] 
Minimum distances for side facade(s):
[a] 
Building to building: 28 feet.
[b] 
Building to private street: 15 feet.
(c) 
Front-loaded townhouses:
[1] 
Minimum distance from front facade to private streets:
[a] 
Building to sidewalk: 20 feet.
[b] 
Building to curb: 26 feet.
[c] 
Minimum distance from garage facade to sidewalk: 20 feet.
[2] 
Minimum distance for side facade(s):
[a] 
Building to building: 25 feet.
[b] 
Building to private streetline: 18 feet.
(3) 
Apartments.
(a) 
Maximum height: 48 feet/three stories.
(b) 
Minimum building setbacks:
[1] 
Building to building: 25 feet.
[2] 
Building to parking area or driveway: 15 feet.
(c) 
For each apartment, in addition to any storage areas contained within the apartment, there shall be provided 300 cubic feet of storage in a conveniently accessible area in the cellar, basement or ground floor of the building where storage will not constitute a fire hazard and where belongings can be kept locked and separated from the belongings of other occupants.
(4) 
Accessory office, clubhouse and maintenance buildings shall be limited to one story and 30 feet in height.
(5) 
Accessory structures except for stormwater management and walking paths shall not be located in the front yard area.
(6) 
All mechanical equipment and related appurtenances shall be screened from view.
(7) 
Signs.
(a) 
Community building: The community building may have one identification sign which may include the street address.
(b) 
Monument signs: one single-sided interior monument sign may be provided at each road entrance from a public road, as set forth below:
[1] 
Sign, monument: A sign in which the entire bottom is in contact with the ground, utilizing a base or structural frame of stone, brick, or other material that is harmonious in architectural style and material to the existing principal building(s) on site.
[2] 
Maximum sign face area: 50 square feet.
[3] 
Maximum sign height: seven feet.
[4] 
Minimum setback: five feet from the front, side, and rear property lines.
[5] 
Structural frame shall project perpendicular from a sign face by no more than six inches and parallel by no more than 18 inches.
(c) 
Directional signs: Up to two directional signs shall be allowed on each street or driveway frontage from which vehicular access is derived. A directional sign shall not exceed six square feet in sign area and shall not exceed six feet in height. A directional sign shall be set back from any lot line by at least three feet.
(d) 
Residential building identification: Each residential building may have up to two attached identification signs. The maximum sign area of each shall not exceed six square feet. Such signs shall be appropriately integrated within the architecture of the buildings.
(e) 
Signs may only be externally illuminated by ground lights directed at the sign and in compliance with § 140-213, Lighting.
E. 
Development requirements.
(1) 
Community design.
(a) 
Streets that are not through streets through the development, and all infrastructure within those streets, shall be privately owned and maintained.
(b) 
All public and private streets, alleys, and driveways shall demonstrate adequate access and circulation of the most restrictive Wall Township fire apparatus, taking in consideration parking spaces.
(c) 
No refuse container or trash or recycling collection area shall be located closer than 50 feet from any residential unit.
(d) 
Street trees shall be planted an average of 45 feet on center along the entirety of the public and private frontages, except for frontages on lanes or alleys and except in front of front-loaded townhouses.
(e) 
All streets and roads within the tract shall be private streets and shall be maintained by the body responsible for common areas unless otherwise determined by resolution of the Township Committee. Rights of access and enforcement shall be formally granted to the Township upon written request by the body responsible for common areas and upon the adoption of a resolution of the Township Committee authorizing the enforcement of the provisions of Subtitle 1 of Title 39 on the subject property.
(f) 
Pedestrian walkways connecting streets and the dwellings shall be provided.
(2) 
Open space and recreation standards.
(a) 
Open space and recreational amenities shall be provided, and shall include at a minimum:
[1] 
Children's play area, with appropriate amenities approved by the Board;
[2] 
Community building, which may include, but is not limited to, a clubhouse, leasing office, and model, of which a minimum of 4,000 square feet shall be devoted to recreational uses for the residents;
[3] 
In-ground pool with a deck area for seating;
[4] 
Central open space for passive uses; and
[5] 
Walking trail.
(b) 
Common open space, recreational or other facilities shall be owned, operated and maintained as such by an association comprised of all the owners of the individual units and/or a property management company for the apartment buildings.
(3) 
Parking requirements.
(a) 
Townhouses.
[1] 
Townhouses shall be provided with the number of parking spaces pursuant to R.S.I.S. standards.
[2] 
Every Townhouse shall have at least one enclosed garage measuring a minimum of 12 feet wide and 270 square feet.
(b) 
Apartments.
[1] 
Apartments shall be provided with the number of parking spaces pursuant to R.S.I.S. standards.
(4) 
Utilities.
(a) 
All utilities shall be installed underground by the developer.
(b) 
All dwelling units shall be served by public water and sanitary sewer systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to the sewer and water systems servicing the development.
(5) 
Garbage, refuse, leaf and brush collection, removal of snow ice and other obstructions from internal roads and streets and lighting of roads and streets shall be provided and maintained by the body responsible for internal private streets and other common facilities. Reimbursement to the owner shall be governed by the Qualified Private Communities Statute (N.J.S.A. 40:67-23.3).
(6) 
Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required by this chapter or appropriate or necessary to the development shall be installed at the expense of the developer in accordance with the specifications of this chapter except as modified herein:
(a) 
Drainage maintenance in privately maintained streets shall be the responsibility of the developer and his successors in title.
F. 
Design standards. Deviations from these standards shall be considered exceptions pursuant to N.J.S.A. 40:55D-51.
(1) 
Building design. The purpose of these building design standards is to ensure that the design of townhouse and apartment buildings promotes a desirable visual and spatial environment.
(a) 
Townhouses.
[1] 
Townhouses shall be designed with a unified architectural scheme.
[2] 
Each building shall contain, at a minimum, one end unit model and one interior model. Each base model type home in any block shall have at least two alternative front elevations containing different design features, including, but not limited to, porches, porticos, columns, dormers, accent windows or door color.
[3] 
Materials shall be unified among all townhouses.
[4] 
For alley-loaded townhouses, the finished first floor shall be a minimum of 18 inches above the front sidewalk elevation, and the front sidewalk shall rise no more than 16 inches at the sidewalk and 60 inches at the stoop.
[5] 
A fence, wall, plantings or some other element shall be provided to delineate the sidewalk from the front yard.
(b) 
Apartments.
[1] 
Facades.
[a] 
Building facade length shall not exceed 150 feet.
[b] 
The front facade of any structure shall not continue the same plane for a distance of more than the width of two horizontally adjacent units. Offsets between front facade planes shall not be less than two feet for no more than 20 feet.
[2] 
Roofs.
[a] 
Roofs shall be pitched with a minimum slope of 5/12.
[b] 
When buildings are greater than 9,000 square feet, and where a fully pitched roof throughout would not be practical, a sloped perimeter roof with a slope of 5/12 or greater shall be permitted in coordination with a flat roof, provided that the appearance is that of a full roof. The primary roofing materials shall be standing seam metal or dimensional shingles.
[c] 
All buildings shall provide architectural elements such as wall articulations and roofline variations. Box-like building shapes that offer minimal articulation of the walls and roofline shall be prohibited.
(2) 
Lighting. The lighting plan shall comply with all applicable ordinance requirements, as well as the following standards:
(a) 
All outdoor lighting shall be aimed, located, designed, fitted and maintained so as not to present a disabling glare hazard to drivers or a nuisance to neighboring properties. Glare shall be controlled through the use of cutoff fixtures, the appropriate application of mounting height, wattage, aiming, fixture placement, and fixture design, etc. and the addition of shields and baffles as necessary.
(b) 
LED lights shall not exceed 3,500 degrees Kelvin.
(c) 
Applicants shall use fixtures to complement the building architecture. Pole-mounted lights shall be a maximum of 20 feet tall. Floodlights and spotlights shall not be permitted.
(d) 
Lighting shall be controlled by automatic switching devices, such as timers, motion detectors, and/or photocells, to extinguish potentially offending, nonessential light sources overnight, to minimize glare and sky-lighting consequences.
G. 
Affordable housing.
(1) 
At least 20% of the dwelling units shall be affordable to very-low-, low- and moderate-income households in accordance with UHAC regulations, N.J.A.C. 5:80-26.1, with the exception that 13% of the affordable units within each bedroom distribution shall be required to be for very-low-income households earning less than 30% of the area median income.
(2) 
A minimum of 60 affordable family rental units shall be provided.
(3) 
The affordable housing units shall comply in every respect with the affordable housing requirements of the New Jersey Council on Affordable Housing, or any successor or replacement agency; the New Jersey Housing Mortgage and Finance Agency, or any successor or replacement entity; and the New Jersey courts, as such requirements exist at the time of final development approval.
(4) 
Affordable housing units shall not be age-restricted.
(5) 
The affordable units shall be subject to affordability controls of at least 30 years and affordable deed restriction as provided for by UHAC, and the affordability controls shall remain until the Township, in its sole discretion, takes action to release the unit from such requirements pursuant to the requirements of N.J.A.C. 5:80-26.10.
(6) 
The residents of the affordable units shall have full and equal access to all of the amenities, common areas, and recreation areas and facilities as the market units.
(7) 
The affordable units shall be integrated with the market units to the maximum extent possible, and the affordable units shall not be concentrated in separate building(s) or in separate area(s) from the market units. In buildings with multiple dwelling units, this shall mean that the affordable units shall be evenly distributed within each building with market units.
[Added 9-23-2020 by Ord. No. 8-2020]
A. 
Purpose.
(1) 
The intent of the AH4-Zone is to establish a suitable location within the township for the development of low- and moderate-income housing uses in the form, of an inclusionary development. This zoning district will provide realistic opportunities for the construction of low- and moderate-income housing to implement a mechanism included in the township's housing element and Third Round (1999-2025) fair share plan, which township's December 18, 2019 settlement agreement with Fair Share Housing Center to globally settle its declaratory judgment action (In the Matter of the Application of Wall Township, Monmouth County, Docket No. MON-L-5604-05) has been approved by the Superior Court, which action follows the directive of the Supreme Court's decision in the matter of In re Adoption of N.J.A.C. 5:96 & N.J.A.C. 5:97, 221 N.J. 1(2015). The AH4-Zone shall be included as part of the township housing element and Third Round (1999-2025) Fair Share Plan, which Fair Share Plan shall be the subject of review and approval at a compliance hearing and memorialized as part of a judgment of repose entered by the Superior Court.
(2) 
The residential gross density shall be guided by the area requirements and bulk standards contained herein, subject to the inclusion of a 20% set-aside of affordable homes, not to exceed a total of 105 homes for the overall development. There shall be a minimum of 20 affordable units. All aspects of the development shall further comply with the rules and regulations of the township affordable housing office and the regulations, as applicable, of the COAH (N.J.A.C. 5:91, 5:92 and 5:93, et seq.) and the Uniform Housing Affordability Controls (UHAC) (N.J.A.C. 5:80-26.1, et seq.).
B. 
Applicability. The AH4-Zone shall be applied to a portion of Block 942, Lot 132 and a portion of Lot 79, which is shown on the Official Tax Map of the Township of Wall. The Official Zoning Map of the Township of Wall is hereby amended in accordance with the foregoing and is incorporated by reference. For the purpose of permitting the development of a multifamily inclusionary development, the provisions and requirements of the AH4-Zone shall supersede the provisions and restrictions of the underlying OR-10 (Office Research) Zone district. In the event of a conflict between the provisions of this section and other sections of the Township development regulations with respect to the development of market-rate townhouses and affordable housing, the provisions of this AH4-Zone shall govern. However, where the regulations and standards of the AH4 Zone are silent, the standards of Land Development Ordinance shall apply.
C. 
Permitted principal uses.
(1) 
The following uses are permitted in the AH4-Zone:
(a) 
Townhouse attached dwellings.
(2) 
A "townhouse attached dwelling" shall be defined as a residential structure with common walls, without common ceilings or floors, consisting of three or more dwellings.
D. 
Permitted accessory uses and structures. The following accessory uses and structures are permitted in the AH4-Zone:
(1) 
Signs, as regulated in this chapter.
(2) 
Fences, as regulated in this chapter.
(3) 
Patios and decks, as regulated by this chapter.
(4) 
Outdoor refuse and/or general storage containment structures.
(5) 
Common area parking.
(6) 
Certain authorized improvements on common area property, as described in Subsection F below.
(7) 
Such other uses that are customary and incidental to the principal use.
E. 
Minimum tract size and open space requirements.
(1) 
The minimum tract size for a development in the AH4-Zone shall be 15 acres.
(2) 
A minimum of 25% of the property shall be set aside for open spaces purposes, which may include facilities such as stormwater basins and drainage swales.
(3) 
The property owner shall provide for the establishment of an organization for the ownership and maintenance of any common property and such organization shall be established and regulated by all applicable statutory standards and conditions.
(4) 
A perimeter tract buffer shall be required at a minimum width of 35 feet, except where adjacent to a residential zone district where the perimeter tract buffer shall be a minimum of 40 feet, within which no building improvements shall be permitted, except as provided for in Subsection F(7) below. Existing vegetation shall be maintained to the greatest extent possible.
F. 
Area, yard, density and locational requirements for residential development.
(1) 
For the purpose of determining gross residential density, the total tract of land shall be considered.
(2) 
The gross residential density shall not exceed six units per acre.
(3) 
Impervious surfaces. The maximum total impervious surface shall not exceed 45% of the tract.
(4) 
The maximum total building coverage shall be 25% of the tract.
(5) 
Townhouse attached dwellings to be constructed and sold on fee-simple lots, based upon the following area and dimensional requirements:
(a) 
Minimum lot area: 1,120 square feet.
(b) 
Minimum lot width: 14 feet.
(c) 
Minimum lot depth: 80 feet.
(6) 
Setback and additional requirements for residential use.
(a) 
Minimum building separation:
[1] 
Front to front: 60 feet.
[2] 
Rear to rear: 45 feet.
[3] 
All other building to building: 25 feet.
(b) 
Minimum building setbacks:
[1] 
Front yard from the street line: 12 feet.
[2] 
Side yard: zero feet.
[3] 
Rear yard: five feet (to deck, individual storage sheds, individual air conditioning units and individual generators); 10 feet to building.
[4] 
From a parking area: eight feet.
(c) 
Maximum number of townhouse attached dwelling units per buildings: eight.
(7) 
Building lot lines may extend into the perimeter tract buffer area provided that no building improvements are located therein.
(8) 
Common area property, including lands within the perimeter buffer, may contain certain improvements, such as underground utility lines, stormwater management features, retaining walls, landscaping, signage, walking paths and sidewalks.
(9) 
No residential building or structure shall exceed 40 feet or 2 1/2 stories in height, except as regulated by the height exception provisions of this chapter.
(10) 
Outdoor refuse storage containment structures shall not be subject to minimum building setbacks as set forth in Subsection F(6)(b) above.
G. 
Other regulations. Developments in the AH4-Zone shall be subject to the following regulations, requirements and standards:
(1) 
The installation of signs shall comply with regulations contained in Chapter 140, Part 4, Article XXIX, with the following exceptions:
(a) 
One temporary directional sign shall be permitted on Block 942, Lot 79, along its Route 34 frontage, provided that it does not exceed 36 square feet in size and six feet in height. Said sign may be installed no closer than 20 feet to any street line.
(b) 
The temporary directional sign may remain in place until 90% of the residences have received a certificate of occupancy on the site.
(c) 
One permanent entry monument sign may be installed at the entrance to the community, as provided below:
[1] 
Sign, monument: A sign in which the entire bottom is in contact with the ground, utilizing a base or structural frame of stone, brick, or other material that is harmonious in architectural style and material to the existing principal building(s) on site.
[2] 
Maximum sign face area: 50 square feet.
[3] 
Maximum sign height: seven feet.
[4] 
Minimum setback: five feet from the front, side, and rear property lines.
[5] 
Structural frame shall project perpendicular from a sign face by no more than six inches and parallel by no more than 18 inches.
(d) 
Signs may only be externally illuminated by ground lights directed at the sign and in compliance with § 140-213, Lighting.
(e) 
The entry monument sign shall comply with the Type 3 sign requirements set forth in § 140-227E(3).
(2) 
All utilities shall be installed underground by the developer.
(3) 
All dwelling units shall be served by public water and sanitary sewer systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to the sewer and water systems servicing the development.
(4) 
Garbage, refuse storage (in garages or enclosed containment structures) and recyclable collection areas suitable for containerized curbside collection shall be provided. Garbage and refuse collection shall be provided by the Township's Public Works Department.
(5) 
Streets, roads, driveways, parking facilities, walkways, drainage facilities and other improvements required by this chapter or appropriate or necessary to the development shall be installed at the expense of the developer in accordance with the specifications of this chapter except as modified herein.
(6) 
All streets and roads within the tract shall be private streets and shall be maintained by the body responsible for common areas, however, for the purposes of street light installation, the streets shall be considered public roadways. Rights of access and enforcement shall be formally granted to the Township upon written request by the body responsible for common areas and upon the adoption of a resolution of the Township Committee authorizing the enforcement of the provisions of Subtitle 1 of Title 39 on the subject property.
(7) 
All provisions of the Residential Site Improvement Standards (RSIS) shall be applicable within the AH4-Zone.
(8) 
Common open space, recreational or other facilities shall be owned, operated and maintained as such by an association comprised of all the owners of the individual units.
(9) 
All detention basins and facilities located within the AH4-Zone shall comply with all applicable regulations under the Flood Hazard Control Act, N.J.S.A. 58:16A-50 et seq. and the New Jersey Stormwater Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas are utilized for stormwater management, the regulations of the New Jersey Department of Environmental Protection shall apply, and any inconsistent provisions of the applicable Wall Township ordinances may be waived. Trees, shrubs and other vegetation may be planted on the slopes or banks of detention basins or facilities constructed in fill, provided the landscaping is attractively maintained. All detention and retention basins with permanent dry-weather pools of water shall have a water depth to minimize propagation of mosquitoes and provided with mechanical aeration for water quality.
(10) 
All proposed restrictive covenants, articles of incorporation or other documents related to the creation of a homeowners' association, trust documents or other deed or documents to provide for ownership and maintenance of common property and facilities shall be submitted to the Township for review by the Planning Board and Township Attorney prior to final review of any subdivision or site plan.
(11) 
In any case where the maintenance or repair of any wall, fence or other improvement by its owner or his or her agent would require entry upon the adjacent property, an appropriate easement or right shall be created in favor of the subject owner. All such easements shall be detailed in specifications as to the required notice and any limitations upon the right of entry shall provide a specific means of arbitration in the event of disputes.
(12) 
Notwithstanding any other standard to the contrary, the Land Use Officer may issue a permit for the import or removal of fill material to and from the site, provided that the estimated quantities of said import or removal is made part of the engineering testimony presented to the Planning Board at the time of approval.
(13) 
Design requirements. Development in the AH4-Zone shall be subject to the following standards:
(a) 
The site plan shall be required to depict and delineate the edge of all woodlands but shall not be required to map or survey all trees on site.
(b) 
All improvements within 50 feet of the boundary of the site shall be shown on the site plan.
(c) 
Townhomes shall contain no less than 125 cubic feet of storage space, exclusive of the required storage to be provided for at least two 96 gallon trash containers, which may be within garages, basements, cellars or separate refuse and/or general storage structures, and which shall be in addition to bedroom closet space provided with the unit. If within garages, a rectangle of not less than nine feet by 18 feet shall remain clear for parking vehicles.
(d) 
The development shall comply with all applicable building design standards set forth in § 140-252, except that for the purposes of this section, the following building design standard shall be amended to read as set forth below:
[1] 
Section 140-252A(3)(b): Accessory buildings should be architecturally treated in a uniform, compatible and harmonious manner to principal buildings.
[2] 
Section 140-252A(3)(d): All basement walls greater than 24 inches above finished grade and must be treated to relate properly to the design of the building.
[3] 
Section 140-252B(1): Building facade length shall not exceed 160 feet. The front facade of any structure shall not continue the same plane for a distance of more than the width of two horizontally adjacent units. Offsets between front facade planes shall not be less than two feet.
(14) 
All ordinances or parts thereof inconsistent with the provisions of this section are hereby superseded to the extent of such inconsistencies.
[Added 12-16-2020 by Ord. No. 16-2020]
A. 
Purpose. The purpose of this zone is to allow for a multifamily project of mixed residential uses that partially addresses the Township's affordable housing obligation. The developer's agreement shall govern the nature of the restricted multifamily project to be constructed by the developer and require a 20% set-aside for affordable housing providing for a minimum of 50 affordable units. The Planning Board shall make compliance with such developer's agreement a condition of any approval it may grant for a development in the AH5 Zone.
B. 
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract, containing the entirety of the multifamily development along with all ancillary components. This zone may operate under a technical subdivision provision pursuant to § 140-81 of the Wall Township Ordinance, which allows a developer to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
C. 
Permitted principal uses. In the AH5 Zone, no premises shall be used, and no structure shall be erected, altered or occupied for any purposes except the following:
(1) 
Multifamily apartments.
D. 
Permitted accessory uses.
(1) 
Common parking areas.
(2) 
Common private recreational facilities and structures and open space, including but not limited to a clubhouse, swimming pool and up to but not exceeding seven freestanding gazebos scattered throughout the site.
(3) 
Common maintenance and trash facilities.
(4) 
All provisions of the Wall Township sign regulations contained in Article XXIX shall apply except that one monument style sign identifying the name of the development, as defined below, is permitted.
(a) 
Sign, monument: A sign in which the entire bottom is in contact with the ground, utilizing a base or structural frame of stone, brick, or other material that is harmonious in architectural style and material to the existing principal building(s) on site.
[1] 
Maximum sign face area: 50 square feet.
[2] 
Maximum sign height: seven feet.
[3] 
Minimum setback: five feet from the front, side, and rear property lines.
[4] 
Structural frame shall project perpendicular from a sign face by no more than six inches and parallel by no more than 18 inches.
(b) 
Signs may only be externally illuminated by ground lights directed at the sign and in compliance with § 140-213, Lighting.
(5) 
Up to but not exceeding one caretaker unit.
(6) 
One rental management office located within one of the residential buildings on the first floor.
(7) 
Detached/freestanding storage units, which shall be used only for the personal storage of residents residing on site, or equipment to maintain the facility.
(8) 
Such other uses and structures that are customary and incidental to the principal use as may be permitted by the approving authority.
(9) 
Basements in buildings can be used for tenant storage, owner storage, maintenance facilities, manager's office, utilities and other amenities to the property.
E. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein, applications for development in the AH5 Zone shall follow and be subject to the applicable procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review of this chapter and other applicable ordinances which are incorporated herein by reference.
F. 
Maximum regulations. Development in the AH5 Zone shall be subject to the following maximum regulations:
(1) 
Density. The gross density of the overall tract shall be no more than 24 dwelling units per acre, prior to any dedications of land to public entities, with up to but not exceeding 250 dwelling units for the overall tract.
(2) 
Impervious surfaces. The maximum total impervious surface shall not exceed 75% of the developable area of the tract.
(3) 
The maximum total lot coverage by buildings shall be 30% of the developable area of the tract.
(4) 
Residential units per building. Buildings shall have a maximum of 40 dwelling units, except that buildings set back a minimum of 75 feet from a single- or two-family property may have a maximum of 60 dwelling units. When the increased number of dwelling units per building is permitted, all buildings within 50 feet of a single- or two-family property shall be reduced to not more than three stories and 35 feet in height. Additionally, when the increased number of dwelling units per building is permitted, the number of units in all buildings within 50 feet of a single- or two-family property shall be reduced by the same amount of units.
(5) 
Principal building length. The maximum principal building length for multifamily buildings shall be 200 feet.
(6) 
Building height.
(a) 
Each multifamily building shall be a maximum of four stories and 45 feet except that any multifamily building constructed within 150 feet of the right-of-way line of a secondary arterial road shall be a maximum of three stories and 35 feet.
(b) 
Accessory clubhouse and maintenance buildings shall be limited to one story and 20 feet in height.
(c) 
Building height shall be measured as set forth in § 140-17, Definitions, of this chapter, except that height in this zone shall be measured from the average proposed finished grade at each building corner to the midpoint of the roof and the original grade at a building corner shall not be a factor, or benchmark, in determining building height.
(d) 
All standards of § 140-197 for nonresidential buildings shall apply to multifamily buildings.
(e) 
Gables, pent roofs, mansard roofs and reverse gable roofs shall be permitted as appurtenances in addition to all architectural enhancements listed in § 140-197 which can exceed the building height limit by no more than 10 feet.
(7) 
Bedroom distribution. Multifamily units shall have either one-, two-, or three-bedroom units.
G. 
Minimum regulations. Developments in the AH5 Zone shall be subject to the following minimum regulations:
(1) 
Overall tract requirements for multifamily developments:
(a) 
Minimum lot area: 10 acres.
(b) 
Minimum lot width: 200 feet.
(c) 
Minimum lot frontage: 200 feet.
(d) 
Minimum lot depth: 200 feet.
(e) 
Minimum building setback from external roads: 50 feet.
(f) 
Minimum building setback from internal lot lines: zero feet.
(g) 
Minimum principal building setback from external tract lines other than external roads: 40 feet from single family detached residential property lines. Ten feet from commercial and attached residential property lines.
(h) 
Minimum accessory building setback from external tract boundary: 15 feet, except that any clubhouse or maintenance building shall meet the principal building setback.
(i) 
Minimum distance between structures: 35 feet.
(j) 
Minimum principal building setback from internal roads:
[1] 
Six feet for not more than 20% of the building facades;
[2] 
Eight feet for not more than 30% of the building facades; and
[3] 
Ten feet for the remaining 50% of the building facades.
(k) 
Minimum principal building setback from internal parking access roads:
[1] 
Six feet for not more than 20% of the building facades;
[2] 
Eight feet for not more than 30% of the building facades; and
[3] 
Ten feet for the remaining 50% of the building facades.
(l) 
Minimum principal building setback from internal parking area: 10 feet.
[1] 
Six feet for not more than 20% of the building facades;
[2] 
Eight feet for not more than 30% of the building facades; and
[3] 
Ten feet for the remaining 50% of the building facades.
(m) 
Accessory structures shall be permitted in the front yard area if adequately screened and buffered from view from all public streets and adjacent properties.
(2) 
Dwelling unit width. No multifamily dwelling shall be less than 15 feet in width.
(3) 
Dwelling unit characteristics. Each dwelling unit shall contain, at a minimum, a separate bedroom, a separate bathroom, and a kitchen which shall be located separate and apart from other rooms except that a combined kitchen and living room shall be permitted. Each dwelling unit shall have a washer and dryer. The mix of dwelling units shall be in conformance with this chapter.
(4) 
Dwelling unit size.
(a) 
Multifamily dwelling units shall have a minimum of 550 square feet of habitable area for one-bedroom units, 875 square feet for two-bedroom units, and 1,000 square feet for three-bedroom units.
(b) 
Dwelling unit storage. No dwelling unit shall contain less than 250 cubic feet of storage space, which may be within basements, cellars, or separate storage buildings, and which shall be in addition to bedroom closet space provided with the unit.
(c) 
Open space and recreation areas. The applicant shall provide recreational amenities for multifamily residents, including:
[1] 
A recreational area with a minimum size of 10 square feet for each dwelling unit in the development which can be a freestanding clubhouse or within one of the apartment buildings;
[2] 
Open lawn play area(s), or pool with a minimum combined square footage of 1,000 square feet; and
[3] 
Two or more of the following facilities: Outdoor picnic/barbecue area(s), bicycle parking, bocce court, pickleball court, tot lot/play area, tennis court, basketball court, community garden, exercise area, off-leash dog area, and other related recreational amenities as approved by the Board. For the purpose of this subsection, a swimming pool shall count as two facilities.
(5) 
Buffer and landscape areas.
(a) 
Buffer location. Except as otherwise permitted by the approving authority, where the overall tract abuts an existing residential zone, use, or use permitted in a residential zone, a landscaped buffer strip at least 20 feet in width shall be permanently maintained along the property line abutting such zone or use. Where the overall tract abuts a nonresidential zone or use not permitted in a residential zone, a landscaped buffer strip at least five feet in width shall be established and permanently maintained along the property line abutting such zone or use. Existing vegetation shall be maintained to the greatest extent possible.
(b) 
Buffer areas shall consist of lawn area and massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreen coniferous trees shall have a minimum height of six feet when planted. Deciduous trees shall have a minimum caliper of two inches when planted. All plant material shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurseryman, Inc.
(c) 
Use of buffer areas. Required buffers shall be used for no other purpose than as a buffer and as a part of the required open space of the tract. The only structures which may be erected within a buffer area are fences as elsewhere regulated in Part 4 of the Land Use and Development Regulations, retaining walls, and ingress or egress drives.
(d) 
Wooded areas. Where an area required for a buffer is already wooded, it shall be left in its natural state to the maximum extent feasible, and the existing growth shall be supplemented with additional plant material where necessary as required by the approving authority.
(e) 
The proposed tree clearing, grading and landscape plan shall respect and complement the existing topographic features of the site where practical.
(f) 
All mechanical equipment, trash enclosures, and related accessory structures shall be screened from view.
H. 
Other regulations. Developments in the AH5 Zone shall be subject to the following regulations, requirements, and standards:
(1) 
All utilities shall be installed underground by the developer.
(2) 
All dwelling units shall be served by public water and sanitary sewer systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to the sewer and water systems servicing the development.
(3) 
Garbage refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with Article XXXV of the Land Use and Development Regulations.
(4) 
Garbage and refuse collection shall be provided and maintained by the body responsible for internal private streets and other common facilities.
(5) 
Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required by this chapter or appropriate or necessary to the development shall be installed at the expense of the developer in accordance with the specifications of this chapter except as modified herein:
(a) 
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer and his successors in title.
(6) 
All streets and roads within the tract shall be private streets and shall be maintained by the body responsible for common areas. Rights of access and enforcement shall be formally granted to the Township upon written request by the body responsible for common areas and upon the adoption of a resolution of the Township Committee authorizing the enforcement of the provisions of Subtitle 1 of Title 39 on the subject property.
(7) 
The New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 shall govern the pavement width of internal private roads.
(8) 
Parking. The New Jersey Residential Site Improvement standards at N.J.A.C. 5:21 shall govern the parking requirements.
(a) 
Parking shall be allowed in the front yard of the tract along Highway 35.
(b) 
The minimum parking setback from the external overall tract boundary should be 20 feet from single family detached residential property lines and five feet from commercial and attached residential property lines. Parking shall not be permitted in required buffer areas.
(9) 
Common open space, recreational or other facilities shall be owned, operated and maintained by the property owner or its management company for the apartment buildings.
(10) 
All detention basins and facilities located within the AH5 Zone shall comply with all applicable regulations under the Flood Hazard Control Act, N.J.S.A. 58:16A-50 et seq., and the New Jersey Stormwater Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas are utilized for stormwater management, the regulations of the New Jersey Department of Environmental Protection shall apply, and any inconsistent provisions of the applicable Wall Township ordinance may be waived. Trees, shrubs, and other vegetation may be planted on the slopes or banks and the floor of detention basins or facilities constructed in fill, provided the landscaping is attractively maintained. All detention and retention basins with permanent dry-weather pools of water shall have a water depth to minimize propagation of mosquitoes and provided with mechanical aeration for water quality.
(11) 
In any case where the maintenance or repair of any wall, fence or other improvement by its owner or his or her agent would require entry upon the adjacent property, an appropriate easement or right-of-way shall be created in favor of the subject owner. All such easements shall be detailed in specifications as to the required notice and any limitations upon the right of entry shall provide a specific means of arbitration in the event of disputes.
(12) 
Soil removal. The provisions of § 140-117 of this chapter pertaining to the removal of soil shall apply to the developments in the AH5 Zone as modified as follows:
(a) 
The provisions of § 140-117A shall be modified to authorize the Planning Board to issue a temporary soil removal of subsoil as may be necessary to construct the structures approved by the approving authority.
(b) 
The provisions of § 140-117B shall be modified to authorize the Planning Board to issue a temporary soil removal permit for the removal of soil, sand or gravel as may be necessary to render the premises suitable for the development, for which a site plan or major subdivision plat has been approved. The Planning Board shall apply the standards of Chapter 188, Soil Removal.
(13) 
Performance guarantee. In the AH5 Zone, the provisions of § 140-92 with respect to performance guarantees shall apply. Performance guarantees shall be permitted separately for the multifamily phases.
(14) 
Maintenance guarantee. In the AH5 Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply. Maintenance guarantees shall be permitted separately for the multifamily phases.
(15) 
Improvements required prior to issuance of certificate of occupancy. In the AH5 Zone, the provisions of § 140-288 shall apply with respect to the issuance of certificates of occupancy.
(a) 
No permanent certificate of occupancy shall be issued for any use or building until all required improvements are installed and approved by the Township Engineer or other appropriate authority.
(b) 
No temporary certificate of occupancy shall be issued for any use or building unless the Township Engineer shall have, where applicable, certified to the following:
[1] 
Utilities and drainage. All utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed, and service to the lot, building or use from such utilities shall be available.
[2] 
Street rights-of-way. All street rights-of-way necessary to provide access to the lot, building or use in question shall have been completely graded and all slope-retaining devices or slope planting shall have been installed.
[3] 
Sidewalks. All required sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed.
[4] 
Streets. Curbing and the bituminous base course of bituminous concrete streets necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
[5] 
Curbing and parking areas. Curbing and the bituminous base course of parking areas necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
[6] 
Obstructions. All exposed obstructions in parking areas, access drives or streets such as manhole frames, water boxes, gas boxes and the like shall be protected by building to the top of such exposures with bituminous concrete as directed by the Township Engineer.
[7] 
Screening, fences, and landscaping. All required screening, fencing and/or landscaping related to the lot, building or use in question shall have been properly installed, unless the Township Engineer shall direct the developer to delay the planting of screening and landscaping until the next planting season in order to improve the chances of survival of such plantings.
[8] 
Site grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.
[9] 
Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved. However, the public water supply shall not be used to supply outdoor sprinkler systems.
[10] 
Lighting. The lighting plan shall comply with all applicable ordinance requirements, as well as the following standards:
[a] 
All outdoor lighting shall be aimed, located, designed, fitted and maintained so as not to present a disabling glare hazard to drivers or a nuisance to neighboring properties. Glare shall be controlled through the use of full cutoff fixtures, the appropriate application of mounting height, wattage, aiming, fixture placement, and fixture design, etc. and the addition of shields and baffles as necessary.
[b] 
Applicants shall use fixtures to complement the building architecture. Pole-mounted lights shall be a maximum of 20 feet tall. Floodlights and spotlights shall not be permitted.
[c] 
Lighting shall be controlled by automatic switching devices, such as timers, motion detectors, and/or photocells, to extinguish potentially offending, nonessential light sources overnight, to minimize glare and sky-lighting consequences.
[d] 
LED site lighting shall not exceed 3,500 degrees Kelvin.
[11] 
Street signs and traffic control devices. All street signs, paint lining and/or traffic control devices affecting the proposed lot, building, or use, and required under the terms of approval of a subdivision or site plan or by federal, county, or municipal rules, regulations, or laws, shall have been installed.
[12] 
Performance guarantee. The Engineer shall have received a statement signed by the developer and any entity providing any performance guarantee, which contains language identical or similar to the following: "The issuance of any certificate of occupancy (temporary or permanent) shall not be a basis for any claimed reduction in any performance guarantee."
[13] 
Other. Any other conditions established for issuance of a certificate of occupancy by the Planning Board as a condition of final site plan or subdivision approval shall be complied with.
[14] 
Temporary certificate of occupancy shall be issued for a specified period of time, not to exceed one year.
(16) 
Inspection fees. The provisions of § 140-60 of this chapter pertaining to inspection fees shall be applicable to all development within the AH5 Zone.
I. 
Affordable housing requirements.
(1) 
The restrictions and standards applicable to inclusionary housing of low- and moderate-income persons and families are set forth in Article XLII of the Land Use and Development Regulations.
(2) 
The affordable housing set-aside requirements for multifamily rental units shall be 20% with a minimum of 50 units and shall comply with all applicable provisions of the substantive and procedural rules and regulations as set forth by the New Jersey (Department of Community Affairs) Council on Affordable Housing at N.J.A.C. 5:93 and 5:97 et seq. In addition, affordable housing units in this district shall comply with the Uniform Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., with the exception that 13% of the affordable units within each bedroom distribution shall be required to be for very-low-income households earning less than 30% of the area median income.
(3) 
The affordable units shall be subject to affordability controls of at least 30 years and affordable deed restriction as provided for by UHAC, and the affordability controls shall remain until the Township, in its sole discretion, takes action to release the unit from such requirements pursuant to the requirements of N.J.A.C. 5:80-26.10.
(4) 
The residents of the affordable units shall have full and equal access to all of the amenities, common areas, and recreation areas and facilities as the market units.
(5) 
The affordable units shall be integrated with the market units to the maximum extent possible, and the affordable units shall not be concentrated in separate building(s) from the market units.
J. 
Design requirements. Development in the AH5 Zone shall conform to the design guidelines in Part 5 of the Land Use and Development Regulations in addition to the following supplemental guidelines:
(1) 
The site plan shall be required to depict and delineate the edge of all woodlands which are not to be disturbed by construction activity.
(2) 
The front facade of any structure shall not continue on the same plane for a distance of more than the width of two horizontally adjacent units. Offsets between front facade planes shall not be less than two feet or no more than 20 feet.
(3) 
Building architecture. Development shall comply with the Building Design Standards of § 140-252, as well as the following additional standards:
(a) 
Primary elements of traditional architectural styles with pitched roofs with a minimum slope of 5/12.
(b) 
When buildings are greater than 9,000 square feet, and where a fully pitched roof throughout would not be practical, a sloped perimeter roof with a slope of 5/12 or greater shall be permitted in coordination with a flat roof, provided that the appearance is that of a full roof. The primary roofing materials shall be standing seam metal or dimensional shingles.
(c) 
All buildings shall provide architectural elements such as wall articulations and roofline variations. Box-like building shapes that offer minimal articulation of the walls and roofline shall be prohibited.
(d) 
Facade treatments.
[1] 
Building facades shall be one of the following facade types:
[a] 
Primary facades: siding profiles shall include a mix of shingles, clapboard, board and batten, aluminum, vertical beaded boards, smooth boards/sheets or stucco. At least 25% but not more than 50% of a primary facade shall be brick or manufactured stone. Primary facades shall include architectural appurtenances such as parapets, spires, belfries, cupolas, domes, gables, reversed gables, pent roofs, mansard roofs or similar features.
[b] 
Secondary facades: shall complement primary facades, and must include, but may be to a lesser extent, all material types that make up the primary facade. Secondary facades shall include architectural appurtenances such as parapets, spires, belfries, cupolas, domes, gables, reversed gables, pent roofs, mansard roofs or similar features.
[c] 
Tertiary facades: may be comprised of vinyl siding, cementitious siding, or EIFIS provided the fenestration and architectural details are compatible with and harmonious with the primary and secondary facades to the satisfaction of the Planning Board.
[2] 
Building facade type shall be located as follows:
[a] 
A primary facade shall be applied to sides of buildings which front a public right-of-way. Also, a building containing the clubhouse is to have a primary facade on the side of the building which contains the main entrance. Additionally, the front of any other building on the site containing 40 dwelling units must have a primary facade.
[b] 
A secondary facade shall be applied to sides of buildings which front a parking lot or internal road on the site. Additionally, both ends of any building on the site containing 40 dwelling units must have a secondary facade.
[c] 
A tertiary facade may only be used on sides of buildings which do not front a parking lot or internal road on the site.
(e) 
All accessory buildings and structures shall be treated architecturally to complement the residential buildings.
(f) 
Not withstanding the requirements of § 140-252B(1) the maximum principal building length for multifamily buildings shall be 200 feet.
(g) 
Construction phasing: The site development and the construction of buildings may be phased as permitted by the approving authority.
(h) 
Sidewalks: Sidewalks shall not be required along secondary arterial roads, except that sidewalks shall be installed along secondary arterial roads in areas within 400 feet of a primary arterial road.
(i) 
Change of elevation: Given the existing unique and varying topography of the site, any change in elevation of more than two vertical feet by means of soil removal, fill or grading will be permitted under this section without requiring a bulk variance not withstanding the provisions of § 140-116.
(4) 
No dwelling unit shall be permitted within a basement.
K. 
Waivers or modifications of standards and requirements. The approving authority may grant waivers or modifications of any improvement requirements or standards of this section or Part 4 of the Land Use and Development Regulations if appropriate and warranted by the facts and circumstances of each particular development, including but not limited to whether what is proposed conforms to RSIS. The resolution of approval shall specifically state the reasons for any such waivers or modifications.
[Added 12-16-2020 by Ord. No. 17-2020]
A. 
Purpose. The purpose of this zone is to allow for a residential health care facility ("RHCF") as that term is defined in state regulations, that partially addresses the Township's affordable housing obligation. The developer's agreement shall govern the nature of the restricted RHCF units to be constructed by the developer, 190 of which shall be affordable to very-low-, low-, and moderate-income occupants as more fully specified in the developer's agreement between the Township and the developer of the residential health care facility contemplated in this section, the Township's Affordable Housing Ordinance, Uniform House Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1, et seq., applicable Council on Affordable Housing ("COAH") regulations, and any applicable order of the Court, including a judgment of compliance and repose order. The Planning Board shall make compliance with such developer's agreement a condition of any approval it may grant for a development in the AH6 Zone.
B. 
Permitted principal uses. In the AH6 Zone, no premises shall be used and no structure shall be erected, altered or occupied for any purposes except the following:
(1) 
RHCF units, as defined in state regulations, and their associated amenities.
C. 
Permitted accessory uses.
(1) 
Adult medical day-care for the RHCF residents.
(2) 
Religious services for the RCHF residents.
(3) 
Caretaker units, which shall not exceed 16 caretaker units.
(4) 
Common parking areas.
(5) 
Common private recreational facilities and structures and open space.
(6) 
Common maintenance and trash facilities.
(7) 
All provisions of the Wall Township sign regulations contained in Article XXIX shall apply except that one monument style sign identifying the name of the development, as defined below, is permitted.
(a) 
Sign, monument: A sign in which the entire bottom is in contact with the ground, utilizing a base or structural frame of stone, brick, or other material that is harmonious in architectural style and material to the existing principal building(s) on site.
[1] 
Maximum sign face area: 50 square feet.
[2] 
Maximum sign height: seven feet.
[3] 
Minimum setback: five feet from the front, side, and rear property lines.
[4] 
Structural frame shall project perpendicular from a sign face by no more than six inches and parallel by no more than 18 inches.
(b) 
Signs may only be externally illuminated by ground lights directed at the sign and in compliance with § 140-213, Lighting.
D. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein or in the developer's agreement, applications for developments in the AH6 Zone shall follow and be subject to the applicable procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review of this chapter and other applicable ordinances.
E. 
Maximum regulations. Development in the AH6 Zone shall be subject to the following maximum regulations:
(1) 
Density. A maximum of 190 units.
(2) 
Impervious surfaces. The maximum total impervious surface shall not exceed 70% of the tract.
(3) 
The maximum total lot coverage by buildings shall be 40% of the tract.
(4) 
Not more than 65% of the structure shall be a maximum of 40 feet and three stories. The remaining structure shall be a maximum of 35 feet and two stories.
(a) 
Building height shall be measured as set forth in § 140-17, Definitions.
F. 
Minimum regulations. Developments in the AH6 Zone shall be subject to the following minimum regulations:
(1) 
Minimum lot area: two acres.
(2) 
Minimum building setbacks:
(a) 
North-facing lot frontage: 30 feet.
(b) 
All other lot frontages: 35 feet except that a porte cochere not more than 16 feet wide by 16 feet deep shall be permitted to project no closer than 15 feet from a lot frontage.
(c) 
Abutting property line: 17 feet.
(3) 
Parking. A minimum of one parking space per five approved units shall be required. Parking shall not be permitted in required buffer areas.
(4) 
Buffer and landscape areas.
(a) 
Buffer location. Except as otherwise permitted by the approving authority, where the overall tract abuts an existing residential zone, use, or use permitted in a residential zone, a landscaped buffer strip at least 16 feet in width shall be permanently maintained along the property line abutting such zone or use. Where the overall tract abuts a nonresidential zone or use not permitted in a residential zone, a landscaped buffer strip at least 16 feet in width shall be established and permanently maintained along the property line abutting such zone or use. Existing vegetation shall be maintained to the greatest extent possible.
(b) 
Buffer areas shall consist of lawn area and massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreen coniferous trees shall have a minimum height of six feet when planted. Deciduous trees shall have a minimum caliper of 2 1/2 inches when planted. All plant material shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurseryman, Inc.
(c) 
Use of buffer, areas. Required buffers shall be used for no other purpose than as a buffer and as part of the required open space of the tract. The only structures which may be erected within a buffer area are fences as elsewhere regulated in Part 4, of the Land Use and Development Regulations and retaining walls, drive openings, and necessary internal driveways, for the first 24 feet of driveway entrance to the site unless otherwise permitted by the approving authority.
(d) 
Wooded areas. Where an area required for a buffer is already wooded, it shall be left in its natural state to the maximum extent feasible, and the existing growth shall be supplemented with additional plant material where necessary as required by the approving authority.
(5) 
The proposed tree clearing, grading and landscape plan shall respect and complement the existing topographic features of the site where practical.
(6) 
All mechanical equipment, trash enclosures, and related accessory structures shall be screened from view.
G. 
Other regulations. Developments in the AH6 Zone shall be subject to the following additional regulations, requirements and standards:
(1) 
All utilities shall be installed underground by the developer.
(2) 
All dwelling units shall be served by public water and sanitary sewer systems. The terms concerning the same are to be addressed in the developer's agreement.
(3) 
Garbage, refuse, storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with Article XXXV of the Land Use and Development Regulations.
(4) 
Garbage, refuse, leaf and brush collection, removal of snow ice and other obstructions from internal roads and streets and lighting of roads and streets shall be provided and maintained by the entity responsible for internal private streets and other common facilities. If the Township provides garbage pickup, reimbursement to the owner shall be governed by the Qualified Private Communities Statute (N.J.S.A. 40:67-23.3).
(5) 
Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required by this chapter or appropriate or necessary to the development shall be installed at the expense of the developer in accordance with the specifications of this chapter except as modified herein:
(a) 
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer and his successors in title.
(b) 
All streets and roads within the tract shall be private streets and shall be maintained by the operator. Rights of access and enforcement shall be formally granted to the Township.
(6) 
Common open space, recreational or other facilities shall be owned, operated and maintained as such by the RHCF operator.
(7) 
All detention basins and facilities located within the AH6 Zone shall comply with all applicable regulations under the Flood Hazard Control Act, N.J.S.A. 58:16A-50 et seq. and the New Jersey Stormwater Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas are utilized for stormwater management the regulations of the New Jersey Department of Environmental Protection shall apply and any inconsistent provisions of the applicable Wall Township ordinances may be waived. Trees, shrubs and other vegetation may be planted on the slopes or banks of detention basins or facilities constructed in fill, provided the landscaping is attractively maintained. All detention and retention basins with permanent dry-weather pools of water shall haven water depth to minimize propagation of mosquitoes and provided with mechanical aeration for water quality.
(8) 
All proposed restrictive covenants, articles of incorporation or other documents related to occupancy or maintenance of common property and facilities shall be submitted to the Township for review by the Planning Board and Township Attorney prior to final review of any subdivision or site plan.
(9) 
Soil removal. The provisions of § 140-117 of this chapter pertaining to the removal of soil shall apply.
(10) 
Performance guarantee. In the AH6 Zone, the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq. ("MLUL"), and Wall Township Ordinance with respect to performance guarantees shall apply. Performance guarantees shall be permitted separately for different phases of the RHCF development.
(11) 
Maintenance guarantee. In the AH6 Zone, the provisions of the MLUL and Wall Township Ordinance with respect to maintenance guarantees shall apply. Maintenance guarantees shall be permitted separately for different phases of the RHCF development.
(12) 
Improvements required prior to issuance of certificate of occupancy. In the AH6 Zone, the provisions of § 140-288 shall apply with respect to the issuance of certificates of occupancy to the extent consistent with the developer's agreement.
(a) 
No permanent certificate of occupancy shall be issued for use of the RHCF building until all required improvements are installed and approved by the Township Engineer or other appropriate authority.
(b) 
No temporary certificate of occupancy shall be issued for use of the RHCF building unless the Township Engineer shall have, where applicable, certified to the following:
[1] 
Utilities and drainage: All utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed and service to the lot, building or use from such utilities shall be available.
[2] 
Street rights-of-way: All street rights-of-way necessary to provide access to the lot, building or use in question shall have been completely graded and all slope-retaining devices or slope planting shall have been installed.
[3] 
Sidewalks: All sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed.
[4] 
Streets: Curbing, and the bituminous base course of bituminous concrete streets necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
[5] 
Curbing and parking areas: Curbing and the bituminous base course of parking areas necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
[6] 
Obstructions: All exposed obstructions in parking areas, access drives or streets such as manhole frames, water boxes, gas boxes and the like shall be protected by building to the top of such exposures with bituminous concrete as directed by the Township Engineer.
[7] 
Screening, fences, and landscaping: All required screening, fencing and/or landscaping related to the lot, building or use in question shall have been properly installed, unless the Township Engineer shall direct the developer to delay the planting of screening and landscaping until the next planting season in order to improve the chances of survival of such plantings.
[8] 
Site grading: All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.
[9] 
Public water supply: Public water shall be provided by the Township in accordance with the developer's agreement. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed, tested, and approved.
[10] 
Lighting: The lighting plan shall comply with all applicable ordinance requirements, as well as the following standards:
[a] 
All outdoor lighting shall be aimed, located, designed, fitted and maintained so as not to present a disabling glare hazard to drivers or a nuisance to neighboring properties. Glare shall be controlled through the use of full cutoff fixtures, the appropriate application of mounting height, wattage, aiming, fixture placement, and fixture design, etc. and the addition of shields and baffles as necessary.
[b] 
Applicant shall use fixtures to complement the building architecture. Pole-mounted lights shall be a maximum 25 feet tall. Floodlights and spotlights shall not be permitted.
[c] 
Lighting shall be controlled by automatic switching devices, such as timers, motion detectors, and/or photocells, to extinguish potentially offending, nonessential light sources overnight, to minimize glare and sky-lighting consequences.
[d] 
LED lighting shall not exceed 3,500 degrees Kelvin.
[11] 
Street signs and traffic control devices: All street signs, paint lining and/or traffic control devices affecting the proposed lot, building, or use, and required under the terms of approval of a subdivision or site plan or by federal, county, or municipal rules, regulations, or laws, shall have been installed.
[12] 
Performance guarantee: The Engineer shall have received a statement signed by the developer and any entity providing any performance guarantee, which contains language identical or similar to the following: "The issuance of any certificate of occupancy (temporary or permanent) shall not be a basis for any claimed reduction in any performance guarantee."
[13] 
Other: Any other conditions established for issuance of a certificate of occupancy by the Planning Board as a condition of final site plan or subdivision approval shall be complied with.
[14] 
Temporary certificates of occupancy shall be issued for a specified period of time.
(13) 
Inspection fees. The provisions of § 140-60 of this chapter pertaining to inspection fees shall be applicable to all development within the AH6 Zone as specified in the developer's agreement.
H. 
Affordable housing requirements.
(1) 
All units in the RHCF shall be affordable to low-, very-low-, and moderate-income occupants as specified in the developer's agreement and in accordance with UHAC regulations, N.J.A.C. 5:80-26.1, with the exception that 13% of the affordable units within each bedroom distribution shall be required to be for very-low-income households earning less than 30% of the area median income.
(2) 
The affordable units shall be subject to affordability controls of at least 30 years and affordable deed restriction as provided for by UHAC, and the affordability controls shall remain until the Township, in its sole discretion, takes action to release the unit from such requirements pursuant to the requirements of N.J.A.C. 5:80-26.10.
(3) 
The residents of the affordable units shall have full and equal access to all of the amenities, common areas, and recreation areas and facilities as the market units.
I. 
Waivers or modifications of standards and requirements. The approving authority may grant waivers or modifications of any improvement requirements or standards of this section or of the Land Use and Development Regulations if appropriate and warranted by the facts and circumstances of each particular development. The resolution of approval shall specifically state the reasons for any such waivers or modifications.
[Added 5-26-2021 by Ord. No. 9-2021]
A. 
Purpose. The purpose of this zone is to allow for a residential project that partially addresses the Township's affordable housing obligation. The developer's agreement shall govern the nature of the affordable units to be constructed by the developer, and require 68 affordable units restricted to occupancy by households of very low, low and moderate income, and the buildings containing such units shall be integrated throughout the development. Building(s) may contain affordable units only, and nothing herein prohibits any particular building from having both market-rate and affordable units. The Planning Board shall make compliance with such developer's agreement a condition of any approval it may grant for a development in the AH7 Zone.
B. 
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include 1) one overall tract, containing the entirety of the development along with all ancillary components; 2) a separate tract for a water tower; and 3) the right to create fee-simple townhouse parcels. This zone operates under a technical subdivision provision pursuant to § 140-81 of the Wall Township ordinance, which allows a developer to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
C. 
Permitted principal uses. In the AH7 Zone, no premises shall be used and no structure shall be erected, altered or occupied for any purposes except the following:
(1) 
Multifamily apartments and flats. A maximum of 36 units is permitted per building.
(2) 
Townhouses, provided that not more than six units be attached in one building.
(3) 
Stacked townhouses. A stacked townhouse shall be defined as a structure containing two or more connected dwelling units stacked one dwelling unit above another, which can include shared floors divided by walls and shared common party walls, with private entrances to each unit. Permitted stacked townhouse types shall be as follows:
(a) 
Duplexes: shall be defined as two units sharing the same footprint. A maximum of six duplexes shall be permitted per building, with a maximum of 12 units.
(b) 
Triplexes: Shall be defined as three units sharing the same footprint.
[1] 
A maximum of six triplexes shall be permitted per building, with a maximum of 18 units. No more than 69 units shall be triplex.
[2] 
No triplex building shall be adjacent to or across the street from another triplex building.
(c) 
Duplexes and triplexes are permitted within the same building, with a maximum of 18 units.
(4) 
Water tower and associated structures.
D. 
Permitted accessory uses.
(1) 
Enumeration of permitted accessory uses and structures.
(a) 
Off-street parking, subject to the Residential Site Improvement Standards (RSIS) New Jersey Administrative Code, Title 5, Chapter 21.
(b) 
Private attached garages for not more than two vehicles.
(c) 
Common private recreational facilities and structures and open space, including, but not limited to, a clubhouse and swimming pool.
(d) 
Storage building/structure for indoor storage of pool and maintenance equipment.
(e) 
Fences and walls.
(f) 
Retaining walls.
[1] 
No more than 25% of the walls shall exceed eight feet in height with a maximum height of 10 feet permitted.
[2] 
Retaining walls may be tiered, and three tiers are permitted, so long as no single tier exceeds eight feet in height, with a minimum horizontal distance between tiers equivalent to the height of the next tier wall above.
[3] 
Retaining walls shall be in the rear or side yard of the overall tract and shall be permitted in the front yard if located in or adjacent to wetlands.
[4] 
Minimum setback from overall tract boundary for retaining walls in excess of six feet: five feet.
(g) 
Stormwater basins and structures.
(h) 
Mail kiosk/cluster box unit.
(i) 
Sewer pump station.
(j) 
Common maintenance and trash facilities.
(k) 
Temporary sales trailer and construction trailers, the location to be shown on the approved site plan, which shall be removed 30 days after the final dwelling unit receives a certificate of occupancy.
(l) 
Such other uses and structures that are customary and incidental to the principal use as may be permitted by the Planning Board. All structures accessory to individual dwelling units shall be attached to the dwelling unit to which they are accessory.
(m) 
Signs. All provisions of the Wall Township sign regulations contained in Article XXIX shall apply except that one monument-style sign identifying the name of the development, at each side of the site entrance as defined below, is permitted.
[1] 
Sign, monument: A sign in which the entire bottom is in contact with the ground, utilizing a base or structural frame of stone, brick, or other material that is harmonious in architectural style and material to the existing principal building(s) on-site.
[a] 
Maximum monument sign face area: 50 square feet per side if perpendicular to the right-of-way, or total if parallel to the right-of-way. For double-sided signs, a maximum separation of 18 inches between sign faces is permitted.
[b] 
Maximum monument sign height: eight feet.
[c] 
Minimum monument sign setback: five feet from the front, side, and rear property lines.
[d] 
Signs may only be externally illuminated by lights directed at the sign and in compliance with § 140-213 (Lighting).
E. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein, applications for developments in the AH7 Zone shall follow and be subject to the applicable procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review of this chapter and other applicable ordinances which are incorporated herein by reference.
F. 
Maximum regulations. Development in the AH7 Zone shall be subject to the following maximum regulations:
(1) 
A maximum of 340 residential units shall be permitted on the overall tract prior to any dedications of land to public entities.
(2) 
Impervious surfaces. The maximum total impervious surface shall not exceed 60% of the overall tract area, excluding any existing dedicated right-of-way along Highway 34.
(3) 
The maximum total building coverage shall be 30% of the overall tract area, excluding any existing dedicated right-of-way along Highway 34.
(4) 
Principal building length. The maximum principal building length shall be 200 feet.
(5) 
Building height.
(a) 
Multifamily buildings shall be limited to four stories and 48 feet in height, exclusive of parapets or similar architectural elements which are permitted up to four feet in height.
(b) 
Townhouse and stacked townhouse buildings shall be limited to three stories and 45 feet in height.
(c) 
Accessory clubhouse and maintenance buildings shall be limited to one story and 30 feet in height.
(d) 
Irrespective of any definition in Chapter 140, building height shall be defined as the vertical distance measured from the proposed first floor elevation to the highest point of the roof for flat roofs; the average distance between the eaves and ridge level for gable, hip, and gambrel roofs; and to the deck level for mansard roofs. Allowances shall be made for stepped foundations along the building length. Said measurement shall then apply to each stepped section.
(6) 
Bedroom distribution for affordable units shall comply with the Township's Affordable Housing Ordinance, except as modified by the developer's agreement.
(7) 
Maximum water tower height: 50 feet measured from top of crown to finished grade.
G. 
Minimum regulations. Developments in the AH7 Zone shall be subject to the following minimum regulations:
(1) 
Overall tract requirements:
(a) 
Minimum lot area of overall tract excluding existing dedicated right-of-way along Highway 34: 42 acres.
(b) 
Minimum lot width: 200 feet.
(c) 
Minimum lot frontage: 200 feet.
(d) 
Minimum lot depth: 200 feet.
(e) 
Minimum principal building setback from overall tract boundary: 50 feet, except that up to 25% of the side and rear property setbacks can be reduced to 25 feet.
(f) 
Minimum accessory building setback from overall tract boundary: 15 feet.
(g) 
Minimum distance between buildings: 20 feet (excluding porches, stairs and common utility rooms which may encroach up to five feet, and eaves, chimneys/fireplaces, bay windows and other ornamental architectural features which may encroach up to three feet into the required separation).
(h) 
Minimum principal building setback from internal roads and parking area: 10 feet, except balconies may extend up to five feet from front or rear of principal structure.
(i) 
Patios shall be permitted to extend six feet from the front of a principal structure. Decks and patios shall be permitted to extend up to 12 feet from the rear of a principal structure.
(j) 
Minimum roadway and parking setback from overall tract boundary: 20 feet, except this dimension may be reduced to five feet along the primary access road.
(k) 
Boulevard type access roadways shall have a minimum width of 18 feet for each separate cartway.
(2) 
Townhouse units.
(a) 
Shall comply with the provisions of Subsections F(4) and G(1)(e) and G(1)(g) through (i) herein.
(b) 
No townhouse dwelling shall be less than 20 feet in width.
(c) 
Townhouse units - lot standards if applicant proposes fee-simple lot.
[1] 
Minimum lot area: 1,600 square feet.
[2] 
Minimum lot depth: 80 feet.
[3] 
Minimum lot width: 20 feet.
[4] 
Minimum setbacks:
[a] 
Front yard: 15 feet.
[b] 
Side yard: zero feet.
[c] 
Rear yard: 15 feet building, five feet deck or patio.
(3) 
Stacked townhouse units. Shall comply with the provisions of Subsections F(4) and G(1)(e) and G(1)(g) through (i) herein.
(4) 
Open space and recreation areas. The applicant shall provide recreational amenities for residents, including:
(a) 
A recreation building or clubhouse with a minimum size of 10 square feet for each dwelling unit in the development.
(b) 
A swimming pool of a minimum size of 800 square feet.
(c) 
Open lawn area(s) with a minimum combined square footage of 1,000 square feet.
(5) 
Buffer and landscape areas.
(a) 
Buffer location. A landscape buffer strip at least 25 feet in width shall be provided along the overall tract boundary, which shall be reduced to five feet where the access road is within the buffer area. No buffer is required where an access road is shared with a contiguous property. Additionally, the buffer may be reduced to 15 feet for no more than 35% of the tract area along the rear and side overall tract lines. Existing vegetation shall be maintained to the greatest extent reasonably feasible. Grading, access roadway, privacy fencing with a maximum height of six feet, entrance monument sign(s), and retaining walls are permitted within the landscape buffer. Privacy fencing shall be permitted along the overall tract boundary with no required setback.
(b) 
Buffer areas shall consist of lawn area and massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreen coniferous trees shall have a minimum height of six feet when planted. Deciduous trees shall have a minimum caliper of 2 1/2 inches when planted. All plant material shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurseryman, Inc.
(c) 
Wooded areas. Where an area required for a buffer is already wooded, it shall be left in its natural state to the maximum extent feasible, and the existing growth shall be supplemented with additional plant material where necessary as required by the approving authority.
(d) 
The proposed tree clearing grading and landscape plan shall respect and complement the existing topographic features of the site where practical.
(e) 
All trash enclosures, and mechanical equipment adjacent to clubhouse and pool amenities shall be screened from view.
(f) 
Dumpsters shall be screened on three sides with masonry wall or vinyl fencing, with a front gate.
(g) 
Unit owners' refuse and recycling receptacles may be stored together and screened by fencing with a height at least equivalent to the receptacle height.
H. 
Other regulations. Developments in the AH7 Zone shall be subject to the following regulations, requirements and standards:
(1) 
All utilities shall be installed underground.
(2) 
All dwelling units shall be served by public water and sanitary sewer systems. The developer shall pay the cost of connection and transmission facilities necessary to connect to the sewer and water systems servicing the development. Township shall own all utilities, including pump stations.
(3) 
Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required by this chapter or appropriate or necessary to the development shall be installed at the expense of the developer in accordance with the specifications of this chapter except as modified herein:
(a) 
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer and its successors in title.
(4) 
All streets and roads within the overall tract shall be private streets and shall be maintained by the body responsible for common areas. Rights of access and enforcement shall be formally granted to the Township upon written request by the body responsible for common areas and upon the adoption of a resolution of the Township Committee authorizing the enforcement of the provisions of Subtitle 1 of Title 39 on the subject property.
(5) 
Parking. The New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 shall govern the parking requirements.
(a) 
Parking shall be allowed in the front yard of each individual lot or unit.
(b) 
Garages and driveways may be accessed by an alley.
(c) 
The minimum parking setback from the overall tract boundary shall be 20 feet. Parking shall not be permitted in required buffer areas.
(d) 
Residential units shall meet the RSIS requirements for one-, two-, or three bedroom garden apartments (for multifamily and stacked townhomes) and townhouse requirement for townhome units.
(e) 
Off-street parking shall be provided for the clubhouse at a rate of one space per 15 housing units approved. No loading space is required for the clubhouse.
(f) 
All guest parking shall be within 300 feet of unit served.
(6) 
Sidewalks shall be required on one side of the internal roads, and not required along the access road and internal alleys. Where a residential structure fronts on an internal road, the sidewalks shall be provided on the same side of the internal road as the residence. When a residential structure does not front on an internal road, sidewalks shall be provided along the front of the residence.
(7) 
Bicycle lanes and bikeways are not required.
(8) 
Common open space, recreational or other facilities shall be owned, operated and maintained as such by an association comprised of all the owners of the individual units.
(9) 
All detention basins and facilities located within the AH7 Zone shall comply with all applicable regulations under the Flood Hazard Control Act, N.J.S.A. 58:16A-50 et seq., and the New Jersey Stormwater Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas are utilized for stormwater management, the regulations of the New Jersey Department of Environmental Protection shall apply, and any inconsistent provisions of the applicable Wall Township ordinances shall be waived. Trees, shrubs and other vegetation may be planted on the slopes or banks of detention basins or facilities constructed in fill, provided the landscaping is attractively maintained. All detention and retention basins with permanent dry-weather pools of water shall have a water depth to minimize propagation of mosquitoes and provided with mechanical aeration for water quality.
(10) 
All proposed restrictive covenants, articles of incorporation or other documents related to the creation of a homeowners' association, trust documents or other deed or documents to provide for ownership, and maintenance of common property and facilities shall be submitted to the Township for review by the Planning Board and Township Attorney prior to final resolution compliance.
(11) 
In any case where the maintenance or repair of any wall, fence or other improvement by its owner or his or her agent would require entry upon the adjacent property, an appropriate easement or right-of-way shall be created in favor of the subject owner. All such easements shall be detailed in specifications as to the required notice and any limitations upon the right of entry shall provide a specific means of arbitration in the event of disputes.
(12) 
Soil removal. The provisions of § 140-117 of this chapter pertaining to the removal of soil and Chapter 188, Soil Removal, shall not apply to developments in the AH7 Zone.
(13) 
Performance guarantee. In the AH7 Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
(14) 
Maintenance guarantee. In the AH7 Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply.
(15) 
Sales trailers, sales offices, model homes, and construction trailers may receive a TCO if serviced by temporary utilities.
(16) 
Homes may receive a CO in the event there is no connection to central sewerage facilities so long as the sewerage is lawfully pumped and hauled to a sewerage treatment facility.
(17) 
Inspection fees. The provisions of § 140-60 of this chapter pertaining to inspection fees shall be applicable to all development within the AH7 Zone.
I. 
Affordable housing requirements. The restrictions and standards applicable to inclusionary housing of low- and moderate-income persons and families are set forth in Article XLII of the Land Use and Development Regulations.
(1) 
The affordable housing set-aside shall be 68 units.
(2) 
No less than 50% of the affordable units shall be for sale.
(3) 
The affordable units shall comply with all applicable provisions of the substantive and procedural rules and regulations as set forth by the New Jersey (Department of Community Affairs) Council on Affordable Housing at N.J.A.C. 5:91, 5:92, and 5:93 et seq. In addition, affordable housing units in this district shall comply with the Uniform Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., except as modified by the developer's agreement.
(4) 
The affordable units shall be subject to the affordability controls of at least 30 years and affordable deed restriction as provided for by UHAC, and the affordability controls shall remain until the Township, in its sole discretion, takes action to release the unit from such requirements pursuant to the requirements of N.J.A.C. 5:80-26.10.
(5) 
The residents of the affordable units shall have full and equal access to all of the amenities, common areas, and recreation areas and facilities as the market units.
J. 
Design requirements. Development in the AH7 Zone shall conform to the design guidelines in Part 5 of the Land Use and Development Regulations in addition to the following supplemental guidelines:
(1) 
Existing tree locations shall be determined using average wooded acre. Average wooded acre shall be defined as a selective inventory by size and species, of all trees having a DBH of eight inches or greater within the proposed limit of disturbance. The selective inventory shall be conducted using a minimum of one-half-acre plots (100 feet by 100 feet) which shall be staked or visibly marked to allow for inspection. The location of the inventory plots shall be determined by the applicant, subject to approval, by using a grid overlay drawn to the same scale as the site plan submitted with the application. A representative 5% of the wooded areas proposed to be cleared shall be inventoried.
(2) 
The minimum open space shall be 20% and may include wetlands, wetland buffers, conservation easements, stormwater basin areas, 100-year floodplain to meet this requirement.
(3) 
Building architecture. Development shall comply with the following standards:
(a) 
The front facade of any primary residential structure shall provide varied building elevations and design through a combination of varied materials and colors.
(b) 
Primary elements of traditional architectural styles with pitched roofs with a minimum slope of 5/12.
[1] 
When buildings are greater than 9,000 square feet, and where a fully pitched roof throughout would not be practical, a sloped perimeter roof with a slope of 5/12 or greater shall be permitted in coordination with a flat roof, provided that the appearance is that of a full roof. The primary roofing materials shall be dimensional shingles.
(c) 
All buildings shall provide architectural elements such as wall articulations and roofline variations.
(d) 
All accessory buildings and structures shall be treated architecturally to complement the residential buildings.
(e) 
Ordinance § 140-252A(2)(c), A(3)(c), A(3)(e), B(1), and B(2)(a) through (e) shall not apply. Ordinance § 140-252A(1)(f) and ordinance § 140-252A(1)(e) shall not apply, except as provided in the developer's agreement.
(f) 
Door openings shall include trim and either recesses or overhangs to promote a harmonious variety of light and shade on the facade of the building.
(g) 
Colors, materials and finishes shall be coordinated in all exterior elevations of buildings to achieve continuity of expression. All roof and wall projections shall be in a color to compliment adjacent surfaces.
(h) 
Exterior materials shall include variety of texture, color, and trim to prevent large undifferentiated facades of the same material.
K. 
Miscellaneous provisions. Ordinance §§ 140-83C, 140-254B and D, and 140-260C shall not apply. Ordinance § 140-255A and B shall not apply, but shall be substituted with the following: if topsoil is removed from the site, enough topsoil shall remain on-site so that no new topsoil shall be brought onto the site to complete the development.
L. 
Waivers or modifications of standards and requirements. The approving authority may grant waivers or modifications of any improvement requirements or standards of this section or Part 4 of the Land Use and Development Regulations if appropriate and warranted by the facts and circumstances of each particular development, including, but not limited to, whether what is proposed conforms to RSIS. The resolution of approval shall specifically state the reasons for any such waivers or modifications.
M. 
In the event of any conflict between the provisions and requirements of this section and the provisions and requirements of any other section of this chapter, the provisions and requirements of this section shall govern.
[Added 6-22-2021 by Ord. No. 12-2021]
A. 
Purpose. The purpose of this AH8 Zone is to allow for an age-restricted multifamily project that partially addresses the Township's affordable housing obligation by allowing a 100% affordable, noninclusionary development of no less than 150 rental apartments and accessory uses described herein. For the purposes of this zone, "age-restricted" means a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that at least 80% of the units are occupied by at least one person that is 55 years or older and complies with requirements of Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
B. 
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract, containing the entirety of the age-restricted multifamily development along with all ancillary components. This zone may operate under a technical subdivision provision pursuant to § 140-81 of the Land Use and Development Regulations of the Township of Wall (this "chapter"), which allows the project to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
C. 
Permitted principal uses. In this zone, no premises shall be used, and no structure shall be erected, altered or occupied, for any purposes except the following:
(1) 
Up to 160 age-restricted multifamily apartments.
(2) 
One management or maintenance staff apartment.
D. 
Permitted accessory uses. Accessory uses may be provided but shall not be required as a condition of approval:
(1) 
Parking areas and electric vehicle charging stations intended to serve the staff, residents, and guests.
(2) 
Interior amenities, including, but not limited to, community room, wellness and health room(s), library, meeting rooms, lobbies, laundry areas, mail centers, fitness rooms, and other traditional ancillary spaces intended to serve the residents.
(3) 
Interior accessory spaces, including, but not limited to, management and leasing offices, maintenance areas, and other traditional ancillary spaces intended to serve the management and operations of the development.
(4) 
Exterior amenities and recreational facilities and structures, including, but not limited to, open space, gathering space, bicycle parking, benches and walkways intended to serve the residents.
(5) 
Patios, balconies, and porches intended to serve the residents.
(6) 
Community garden, greenhouse, and garden shed intended to serve the residents.
(7) 
Private and public utility structures, including standby generators intended to serve the building.
(8) 
Trash and recycling enclosures intended to serve the building.
(9) 
Signage. Permitted signage shall be as follows:
(a) 
One ground sign shall be permitted such that the maximum sign area not exceed 50 square feet, the sign be set back at least five feet from the front, side and rear property lines, and the sign not exceed a height of seven feet above grade. Such sign may be illuminated with ground lights that otherwise comply with the Township's lighting and glare ordinances.
(b) 
Nonilluminated on-site informational/directional signs, provided that each sign is limited to a window, facade or ground-mounted sign of not more than two square feet in area and not more than seven feet in height above grade.
[1] 
In addition, one on-site informational/directional sign may be up to nine square feet, not to exceed seven feet in height.
(c) 
No prohibited signs per § 140-219 shall be permitted.
(10) 
Stormwater management facilities.
(11) 
Fences and walls.
(a) 
If retaining walls are proposed, no single wall may exceed six feet in height. Tiered walls may be proposed, provided that no single tier exceeds five feet, and no more than three tiers may be proposed, and where a minimum of 10 feet horizontal is provided between tiers.
(b) 
Retaining walls shall be constructed of durable masonry materials that complement the site design and building architecture. Timber retaining walls shall not be permitted.
(12) 
Utility shed for equipment storage.
(13) 
Temporary construction trailers, per § 140-164A(5).
(14) 
Billboards in existence as of the effective date of the ordinance creating this zone shall be permitted to remain in compliance with the provisions set forth in § 140-219H. No billboard shall include elements in whole or part that are prohibited under § 140-219A through G.
(15) 
Accessory uses customarily incidental to a permitted principal use as approved by the Township Zoning Officer, provided they are in conformance with all Township ordinances.
E. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein, applications for development in this zone shall follow and be subject to the applicable procedures, regulations, standards and guidelines required for preliminary and final site plan and/or subdivision review of this chapter and other applicable ordinances which are incorporated herein by reference.
F. 
Maximum regulations. Development in the zone shall be subject to the following maximum regulations:
(1) 
Density. The gross density of the overall tract shall be no more than 160 affordable units and one caretaker/management unit.
(2) 
Impervious surfaces. The maximum total impervious surface shall not exceed 45% of the developable area of the tract.
(3) 
Building coverage. The maximum total lot coverage by buildings shall be 20% of the total area of the tract.
(4) 
Principal building length. The maximum principal building length for multifamily buildings shall be 350 feet. Where two walls intersect at an angle greater than 90°, the maximum building length shall be determined as the sum of both individual wall lengths.
(5) 
Building height. Building height standards shall comply with § 140-197 of this chapter except as set forth below:
(a) 
Each multifamily building shall be a maximum of three stories and 36 feet as measured from the average proposed finished grade at each building corner.
(6) 
Bedroom distribution. Age-restricted multifamily units shall have either one or two bedrooms and shall comply with § 140-291 of the Code of the Township of Wall.
(7) 
Accessory buildings shall be harmonious in color and style to the principal structure and shall be permitted as follows:
(a) 
One maintenance/storage shed shall be permitted as follows:
[1] 
Maximum area: 120 square feet.
[2] 
Maximum height: 16 feet.
(b) 
One recreational gazebo shall be permitted as follows:
[1] 
Maximum area: 220 square feet.
[2] 
Maximum height 16 feet.
G. 
Minimum regulations. Development in the zone shall be subject to the following minimum regulations:
(1) 
Overall tract requirements for age-restricted multifamily developments:
(a) 
Minimum principal building setback from external tract lines other than external roads:
[1] 
One hundred feet from residential property, used or zoned for detached single-family dwellings.
[2] 
Seventy-five feet from property lines of all other uses or zones.
(b) 
Minimum principal building front yard setback: 100 feet.
(c) 
Minimum building setback from parking, parking aisles, or internal circulation roadways: 15 feet.
(d) 
Minimum building setback from internal lot lines: Zero feet.
(e) 
Accessory buildings shall not be permitted within the front yard area and shall have a minimum rear and side yard setback of 50 feet.
(2) 
Minimum recreational facilities shall be as follows:
(a) 
A minimum of 1,500 square feet of interior fitness/community room space.
(b) 
A minimum of 750 square feet of patio/garden area.
(c) 
Walking paths.
(d) 
All exterior recreational structures shall meet principal building setbacks and shall be prohibited in the front yard.
H. 
Buffer and landscape areas. Development in the zone shall not be subject to buffer, landscaping and screening requirements of § 140-212 of this chapter, and the following buffer, landscaping and screening standards shall apply:
(1) 
Buffer location. Except as otherwise permitted by the approving authority, where the overall tract abuts an existing single-family detached residential use or zone, a landscaped buffer strip at least 15 feet in width shall be permanently maintained along the property line abutting such zone or use. Where the overall tract abuts a nonresidential zone or a property zoned for multifamily or townhome development uses, a landscaped buffer strip at least five feet in width shall be established and permanently maintained along the property line abutting such zone or use. Existing vegetation may serve as the landscaped buffer strip, provided compliance with Subsection H(2), below, is met.
(2) 
Buffer areas shall consist of lawn area and massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreen coniferous trees shall have a minimum height of six feet when planted. Deciduous trees shall have a minimum caliper of 2 1/2 inches when planted. All plant material shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurseryman, Inc.
(3) 
Use of buffer areas. Required buffers shall be used for no other purpose than as a buffer and as a part of the required open space of the tract. The only structures which may be erected within a buffer area are fences and retaining walls, except that walkways and ingress or egress driveways may be permitted within the required buffer in areas within 15 feet of a front property line. Buffers shall not be required in any required sight triangle.
(4) 
Wooded areas. Where an area required for a buffer is already wooded, it may be left in its natural state to create the buffer, and the existing growth shall be supplemented with additional plant material where necessary as required by the approving authority.
(5) 
All mechanical equipment, trash enclosures, and related accessory structures shall be screened from public view.
(6) 
Development in the zone shall not be subject to landscaping and landscape design requirements of Article XXXVII or § 140-278 of this chapter, and should instead apply the following landscape standards:
(a) 
A landscaping plan prepared by a licensed landscape architect (LLA) licensed in the State of New Jersey. The plan shall be prepared with the following design principles in mind:
[1] 
An overall recurring pattern of plant groupings and material shall be provided throughout the site, integrating the various elements of site design to create pleasing and identifiable site characteristics.
[2] 
Landscaping shall include a plant palette consisting of deciduous and evergreen trees, shrubs, ground cover, perennials and annuals.
[3] 
The use of native, salt-tolerant, deer-resistant material is encouraged. Monocultures of material will not be accepted.
[4] 
Where existing natural growth is proposed to remain, the plans shall include methods, notes and details to protect existing trees and growth during and after construction.
[5] 
Plant species variety shall be selected with consideration given to different colors, textures, shapes, blossoms and foliage and should provide a four-season interest.
[6] 
Landscaping shall be provided in public areas and adjacent to buildings to screen parking areas, mitigate adverse impacts, and provide windbreaks for winter winds and summer cooling for buildings, streets and parking.
[7] 
Plant selection shall be based upon the premise to provide material that will best serve the intended function and use as well as to provide materials appropriate for local soil conditions, water conservation and the environment.
[8] 
The type and amount of plant material shall be varied throughout the development with accent given to site entrances. Consider massing trees at critical points.
[9] 
Consideration shall be given as to the choice and location of plant materials in order to screen or create views, to define boundaries between private and common open space, to minimize noise, to articulate outdoor spaces and define circulation systems.
[10] 
All proposed material shall be drawn to scale to reflect a fifteen-year to twenty-year growth. Planting schedules showing common and botanical names, installed and mature sizes and horticultural interest shall be provided along with applicable installation notes and details.
[11] 
Landscaping shall be provided as part of a site plan. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character.
[12] 
All trees shall be guaranteed for a minimum of two years from the time of planting by the applicant against death and disease.
[13] 
Planting specification. Deciduous trees shall be at least two inches caliper at planting and should be balled and burlapped. Size of evergreens should be four feet tall (except in required buffers) and shrubs two feet tall at planting but may be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and trees, shrubs, and ground cover shall be planted according to accepted horticultural standards. Dead and dying plants shall be replaced during the following planting season.
I. 
Other regulations. Developments in the zone shall be subject to the following regulations, requirements, and standards:
(1) 
All new utilities shall be installed underground.
(2) 
All dwelling units shall be served by public water and sanitary sewer systems.
(3) 
Garbage refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with Article XXXV of the Land Use and Development Regulations.
(4) 
New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 (RSIS) shall govern all design requirements for this zone, including, but not limited to, parking, roadways, and pavement, and shall take precedence over anything to the contrary contained in the Land Use and Development Regulations.
(5) 
Parking.
(a) 
Parking shall be pursuant to RSIS.
(b) 
Parking stalls shall be a minimum of nine feet by 18 feet, including overhang areas. Handicapped parking stalls shall be provided in accordance with the Americans with Disabilities Act.
(c) 
All parking spaces shall be of sufficient size to allow parking in one maneuver. Parking spaces, ramps, etc., shall be provided for the physically handicapped, in accordance with the Americans with Disabilities Act.[1]
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
(d) 
Back-up areas with a minimum depth of five feet shall be provided in all parking lots where there are dead ends.
(6) 
Slopes. Proposed slopes shall be no greater than 3:1. Existing slopes that are greater than 3:1 shall be permitted to remain, provided they remain undisturbed.
(7) 
Section 140-252, Building design requirements, of this chapter shall be replaced with the following requirements for this zone:
(a) 
All buildings shall be located with proper consideration of their orientation and relationship to other buildings, both existing and proposed in terms of light, air and usable open space, access to public right-of-way and off-street parking; height and bulk; drainage and existing topography; trees and vegetation; and other natural features and land forms.
(b) 
Development shall be designed to provide protection of the development from potentially adverse surrounding influence, and protection of surrounding areas from potentially adverse influence within the development.
(c) 
Elevators, vestibules and corridors of new buildings shall be designed so as to accommodate the gurneys used by the Township Emergency Services Department and the Township's volunteer first-aid squads.
(d) 
New building construction shall be required to incorporate any communications equipment necessary to insure the proper operation of the mobile communications equipment utilized by the Police Department, such as satellite receivers or frequency enhancers, as determined by the Chief of Police or his designate.
(e) 
Exterior appearance and treatment.
[1] 
All major entrances to buildings shall be properly identified with architectural elements such as recessed entranceways, projected overhangs, and porticoes.
[2] 
Window and door openings shall include appropriate trim and either recesses or overhangs to promote a harmonious variety of light and shade on the facade of the building.
[3] 
Appurtenances, such as, but not limited to, tanks, condenser units and other equipment, shall be fully screened from view.
[4] 
All roof planes or caps meeting the exterior facade shall have overhangs or appropriate cornice and trim details.
[5] 
Buildings shall be designed to be attractive from all vantage points, including fences, storage areas and rear entrances.
[6] 
Colors, materials and finishes shall be coordinated in all exterior elevations of buildings to achieve continuity of expression.
[7] 
Exterior materials shall include appropriate texture and trim to prevent large undifferentiated facades of the same material.
[8] 
Buildings shall be designed to avoid long straight, unbroken, and uninterrupted lines.
[9] 
The entrance and exit access drives shall be combined in one location, if possible, and the entrance and exit approaches shall be separated by a decorative, landscaped island that shall be planted with year-round and seasonal plantings to enhance the appearance of the property's frontage.
[10] 
All buildings shall provide architectural elements such as wall articulations and roofline variations. Box-like building shapes that offer minimal articulation of the walls and roofline shall be prohibited.
[11] 
Facades shall be articulated with horizontal divisions to reflect the traditional building elements of cap, wall and base. The cap shall feature either pitched roofs or articulated cornices and a change of color and material. The wall may include a horizontal division for the top of the ground story. Architectural divisions shall have sufficient reveal to promote shadows on the facade of the building.
[12] 
Primary building materials shall feature earth-tone colors. For the purposes of this chapter, earth-tone colors are defined as colors that draw from a palette of muted or weathered colors in an emulation of the predominant natural coloration of brown and gray soils, tree bark, leafy vegetation and rocks. The preferred earth tones on buildings shall be tans, beiges, sands, browns, warm grays, and soft greens. In addition, creams, pale peach, pale yellows, soft blues, cool grays, white, off-whites, and soft red colors are also acceptable. Accent colors may be used, provided that they appear as secondary visual elements to the primary materials. Bold, disjointed or recognizable color combinations or color patterns that form a corporate or commercial identity or logo shall be considered a sign for the purposes of this section and shall be prohibited.
[13] 
Retaining walls shall be constructed of durable masonry materials that complement the site design and building architecture.
(f) 
Lighting. Development in the zone shall not be subject to lighting requirements of Article XXXVIII or § 140-213 of this chapter and should, instead, apply the following lighting standards:
[1] 
All outdoor lighting shall be aimed, located, designed, fitted and maintained so as not to present a disabling glare hazard to drivers or a nuisance to neighboring properties.
[2] 
Shoebox-type lighting fixtures shall be used.
[3] 
Building-mounted directional fixtures, such as floodlights and spotlights, may be permitted, provided they do not present a disabling glare hazard to drivers or a nuisance to neighboring properties.
[4] 
Glare shall be controlled through the use of sharp cutoff fixtures, the appropriate application of mounting height, wattage, aiming, fixture placement, and fixture design, etc., and the addition of shields and baffles as necessary.
[5] 
LED lighting shall not exceed 3,500 degrees Kelvin.
J. 
Certificates of occupancy.
(1) 
Temporary certificates of occupancy can be issued for portions of the building, including residential dwelling units in a phase, such that portions of one phase can be inhabited, provided the Construction Official has determined compliance with all applicable UCC codes, and the Township Engineer has, where applicable, certified to the following:
(a) 
Utilities and drainage. Utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed, and service to the lot, building or use from such utilities shall be available.
(b) 
Circulation and parking. All access and parking areas necessary to provide access to the building or use in question shall have been graded and all slope-retaining devices or slope planting shall have been installed. Bituminous base course paving and curbing has been properly installed and the number of parking spaces necessary for the units ready for occupancy are completed. Any necessary traffic control or signage required for safety has been installed.
(c) 
Sidewalks. All required sidewalks necessary to provide access to building or use in question shall have been properly installed.
(d) 
Site grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.
(e) 
Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved.
(2) 
Certificates of occupancy shall be issued to allow the project to be developed in multiple construction phases, including issuance of temporary certificates of occupancy for portions of a phase.
K. 
Affordable housing development requirements.
(1) 
Waiver of cost-generative measures pursuant to N.J.A.C. 5:93-10.1 et seq. In order to permit the intended, agreed upon development of the property, the Township agrees to abide by the COAH regulations against cost-generative measures as set forth at N.J.A.C. 5:93-10.1(b). Specifically:
(a) 
Any development within the zone shall be exempt from the following provisions of this chapter: §§ 140-85 through 140-90 (Off-Tract Improvements), Article XXXVII, including, but not limited to, §§ 140-256 and 140-257 (steep slopes and stream corridors), § 140-116 (natural features). A limited EIS shall be acceptable for compliance with § 140-74 as it relates to the provision of an environmental impact statement as part the application checklists, within the Township Code.
(b) 
Any development within the zone shall not be required to submit a tree survey, comply with any tree replacement requirements nor any payments in lieu of tree replacement requirements. However, limits of tree clearing shall be shown.
(c) 
Any development within the zone shall be subject to the provisions of N.J.A.C. 5:93-10.1 and 5:93-10.2 which set forth limitations on application requirements and provide a standard of review for the Planning Board for necessary variances or deviations necessary to accomplish the intent of this district.
(d) 
The parties acknowledge and agree that the Township's waiver of otherwise applicable development regulations serves as financial assistance to an affordable housing development that is reimbursable to the Township from the Township's Affordable Housing Spending Plan.
(2) 
Article XLII of this chapter shall not apply if the project qualifies for and receives federal low-income housing tax credits. Pursuant to N.J.A.C. 5:80-26.1 ("UHAC"), UHAC does not apply to units qualifying for the federal low-income housing tax credit under Section 42 of the Internal Revenue Code. However, the affordable rental units shall comply with Subsection K(2)(a) through (d), below, as applicable. In addition, the affordable rental units shall have an affordability average as defined in UHAC, which is no more than 52% of median income.
(a) 
All affordable units shall be subject to deed restrictions on income limits for a period of not less than 30 years from the date that a certificate of occupancy issued for each of the affordable units. If this project is financed with low-income housing tax credits, then the HMFA required deed restriction shall be provided.
(b) 
The affordable dwelling units shall be split between moderate-income units and low-income units. Pursuant to N.J.S.A. 52:27D-329.1, no less than 13% of the affordable housing units of each bedroom type shall be reserved as very-low-income housing units, as such term is defined in N.J.S.A. 52:27D-304 and the UHAC. No less than 37% of the affordable housing units of each bedroom type shall be available as low-income housing units and no less than 50% of the affordable housing units shall be available as moderate-income housing units, as such terms are defined in N.J.S.A. 52:27D-304 and the UHAC.
(c) 
In the event that an equal split of the affordable dwelling units between low- and moderate-income units results in a fraction of a unit, the additional unit shall be reserved for low-income households.
(d) 
All affordable units shall be subject to the bedroom distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor regulation. All new construction affordable housing units shall be adaptable in conformance with N.J.S.A. 52:27D-311a through 52:27D-311b, P.L. 2005, c. 350, and all other applicable laws. All affordable units will be administered by a qualified administrative agent, which could be the Township's administrative agent.
[Added 6-22-2021 by Ord. No. 13-2021]
A. 
Purpose. The purpose of this zone is to provide vehicular and pedestrian access only to Block 930, Lots 18 and 19, for existing and proposed permitted uses within the OR-10 and AH7 Zones only as set forth within the Township of Wall Land Use and Development Regulations, Chapter 140.
B. 
Applicability. The OR-10/AH7 Overlay Zone shall be applied only to those portions of Block 930, Lots 18 and 19, as set forth on the legal description of an access easement situate on Lot 18, Block 930, Township of Wall, Monmouth County, New Jersey, the legal description of an access easement situate on Lot 19, Block 930, Township of Wall, Monmouth County, New Jersey, and 11/17/09 Errol Melinick, PLS, Access Easements Map attached hereto as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Township offices.
[Added 7-26-2023 by Ord. No. 10-2023]
A. 
Purpose. The purpose of this zone is to ensure the construction of a mixed-use development with an inclusionary housing component with a maximum of 350 residential units, consisting of 278 market rate units and 72 family affordable rental units, which will be a mix of very-low-, low-, and moderate-income units that partially addresses the Township's affordable housing obligation, together with commercial and retail uses.
B. 
Definitions. The following definitions shall apply to this section. Article III, "Definitions and Word Usage," of the Wall Township Land Use and Development Regulations shall apply for any words not specifically defined in this section.
AUTOMOBILE SALES
An establishment used for the display, sale, rental, or lease of new or used automobiles, trucks, vans, trailers, boats, or recreational vehicles.
AUTOMOBILE SERVICE STATION
An establishment used for the retail dispensing or sales of vehicular fuels; servicing or repair of automobiles; or the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.
CONVENIENCE STORE
A retail establishment of no more than 2,500 square feet where prepackaged foods, magazines and newspapers, cigarettes, dairy products, and/or similar foods and items are sold for on-site consumption or use elsewhere, including those establishments where, as a secondary use of the premises, prepared foods (e.g., meats, cheeses, salads, etc.) are sold over the counter in sandwiches or are packaged to take out.
CURBSIDE PICKUP ESTABLISHMENT
Subject to the supplemental regulations contained herein, a retail establishment or restaurant establishment where previously ordered and purchased items are provided, dispensed and/or served: 1) to customers through a walk-up curbside pickup window; or 2) to customers who remain in their automobiles in a designated area or parking spaces near the establishment.
DRIVE-THROUGH ESTABLISHMENT
Subject to the supplemental regulations contained herein, a retail establishment or restaurant establishment that takes customer orders at a designated on-site ordering and payment window(s), and dispenses those products to patrons who remain in their automobiles through a designated on-site window(s).
EDUCATIONAL SERVICE CENTER
An establishment that provides services delivered by teachers or instructors that explain, tell, demonstrate, supervise, and direct learning, provided that no educational service center exceeds a maximum of 15 students at any one time.
FINANCIAL INSTITUTION
Any trust company, savings bank, industrial bank, savings and loan association, building and loan association, commercial bank, credit union, federal association, investment company, or other business association, which is chartered under federal or state law, solicits, receives, or accepts money or its equivalent on deposit and loans money as a regular business. This use shall not include a check cashing or pawn shop facility.
FITNESS/HEALTH CLUB
A facility such as a fitness center, gymnasium, health or athletic club, which provides yoga, training and/or equipment for aerobic exercise, running and jogging, game courts, and/or similar activities.
MIXED USE DEVELOPMENT
A structure containing permitted nonresidential uses on the first floor and multifamily dwellings on the upper floors. The structure may contain parking on the same level as and/or below the permitted nonresidential uses on the first floor.
MOBILE PICKUP WINDOW ESTABLISHMENT
Subject to the supplemental regulations contained herein, a retail establishment or restaurant establishment where previously ordered and purchased items are provided, dispensed and/or served to customers who remain in their automobiles through a mobile pickup window. All ordering and payments shall occur in advance of the items being picked up.
OFFICE, PROFESSIONAL
Professional or government offices including: accounting, auditing and bookkeeping services; advertising agencies; architectural, engineering, planning, and surveying services; attorneys; dental, physical therapy, and medical services; counseling services; court reporting services; data processing and computer services; detective agencies and similar services; educational, scientific, and research organizations; employment, stenographic, secretarial, and word processing services; government offices including agency and administrative office facilities; management, public relations, and consulting services; photography and commercial art studios; writers and artists offices outside the home. Does not include offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessory to another use are allowed as part of an approved principal use.
PERSONAL SERVICE
Establishments primarily engaged in providing nonmedically related services involving the care of a person or is or her personal goods or apparel. These uses may also include accessory retail sales of products related to the services provided. Automobile service stations are not considered personal service.
PHARMACY
A retail establishment of no more than 2,500 square feet without a drive-through facility engaged in the sale of prescription drugs and medicines, nonprescription medicines, cosmetics, grocery and household items, and other goods for personal use and consumption. Ancillary medical services including but not limited to flushot, vaccines and other similar treatments may be administered. A walk-in or appointment-based clinic shall be permitted as accessory use to a pharmacy not to include a methadone clinic or similar facility.
RESTAURANT ESTABLISHMENT
An establishment that includes sit-down and fast-casual restaurants, and excludes fast food.
RESTAURANT, FAST-CASUAL
A restaurant with a limited menu, limited service, or self-service format, whose food is made to order and is fresher and higher quality and has more complex flavors than fast-food restaurants, and whose decor is more upscale, unique, or highly developed.
RESTAURANT, FAST-FOOD
Restaurants whose emphasis is on convenience and speed of service, that are generally part of a restaurant chain or franchise, and that provide a limited menu and minimal table or fast counter service, and whose meals are typically inexpensive and made from standardized ingredients that are partially or fully cooked in bulk in advance and kept hot and then finished and packaged to order.
RESTAURANT, SIT-DOWN
An establishment where food and beverage are served to the public on demand from a menu during stated business hours, served in and on reusable containers and dinnerware, to be consumed on the premises primarily inside and/or outside the building at tables, booths, or counters, with chairs, benches, or stools.
RETAIL, BULK
A retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs (i.e., "big box" retail). Bulk retail is differentiated from general retail by any of the following characteristics: items for sale include large, categorized products (e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale, and retail nursery stock, etc.) and may also include a variety of carryout goods (e.g., groceries, household, and personal care products).
RETAIL, FOOD
A retail establishment within a permanent structure selling food or beverages for consumption off-premises either immediately or with further preparation. Such establishments may include, but not be limited to, supermarket, grocery store, bakery, candy store, butcher, ice cream store, coffee store, delicatessen, and similar establishments.
RETAIL, GENERAL
A retail establishment within a permanent structure that provides goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Pharmacies shall not be considered retail establishments.
STACKED TOWNHOUSE
A stacked townhouse shall be defined as a structure with a maximum of 16 units per building containing two or more connected dwelling units stacked one dwelling unit above another that share the same footprint, which can include shared floors divided by walls and shared common party walls, with private entrances to each unit that may have a shared/covered vestibule.
STANDARD TOWNHOUSE
A multifamily residential building containing three or more dwellings characterized by a linear arrangement of the units along one axis, each with its own exclusive entrance and each with two or more floor levels above grade, with a maximum of eight units per building.
UTILITIES
All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable.
C. 
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract. This zone may operate under a technical subdivision provision pursuant to § 140-81 of the Land Use and Development Regulations of the Township of Wall (this "chapter"), which allows the project to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
D. 
Permitted principal uses. All uses not specifically listed as being permitted are hereby prohibited.
(1) 
Townhouses, multifamily and mixed-use development of no more than 350 residential units, consisting of 278 market rate units and 72 family affordable rental units.
(2) 
Nonresidential uses permitted as part of the mixed-use development provided a minimum of 72 family affordable rental units are approved as part of the site plan approval. A maximum of four pad sites are permitted.
(a) 
General retail.
(b) 
Food retail.
(c) 
Personal services.
(d) 
Office, professional.
(e) 
Sit-down restaurants.
(f) 
Fast-casual restaurants.
(g) 
Child-care centers.
(h) 
Fitness/health clubs.
(i) 
Educational service centers.
(j) 
Financial institution.
(k) 
A maximum of one convenience store without an automobile service station not to exceed 2,500 square feet.
(l) 
A maximum of one pharmacy without a drive-through not to exceed 2,500 square feet.
(m) 
Drive-through, mobile pickup window, and curbside pickup establishments, in accordance with the supplemental requirements below.
E. 
Supplemental requirements for drive-through, curbside pickup, and mobile pickup window establishments:
(1) 
A maximum of one drive-through establishment provided the following requirements are met:
(a) 
The establishment is a fast-casual or sit-down restaurant, food retail, general retail establishment, or financial institution.
(b) 
The GFA of the establishment does not exceed 5,000 square feet excluding the drive-through lane, canopy and/or portico.
(c) 
A maximum of one ordering station is permitted.
(d) 
A maximum of one pickup window is permitted.
(e) 
A bypass/escape lane shall be provided.
(f) 
The drive-through aisle length shall be able to stack a minimum of four standard length vehicles and which has a minimum stacking length of 75 feet from the first window on approach.
(g) 
The drive-through aisle width shall be a minimum width of 12 feet.
(h) 
The drive-through aisle shall not directly block parking spaces, loading zones, pedestrian building entries or refuse areas.
(2) 
A maximum of two mobile pickup window establishments provided the following requirements are met:
(a) 
The establishment is a fast-casual or sit-down restaurant, food retail, general retail establishment, or financial institution.
(b) 
The GFA of the establishment does not exceed 5,000 square feet excluding the drive-through lane, canopy and/or portico.
(c) 
Ordering window or station and outside speaker system is prohibited.
(3) 
There shall be no limit to the number of curbside pickup establishments for any of the following uses: fast-casual or sit down restaurant, general retail, food retail establishment provided no more than 10% of the nonresidential parking spaces are designated for curbside pickup and in accordance with Planning Board approval.
F. 
Permitted accessory uses.
(1) 
Common parking, pedestrian, biking, and driveway areas.
(2) 
Common private recreational and open space facilities.
(3) 
Patios, balconies, and decks.
(4) 
Common trash receptacles and compactors.
(5) 
Signs.
(6) 
Construction trailers, the location to be shown on the approved site plan, which shall be removed 30 days after the final dwelling unit receives a final certificate of occupancy.
(7) 
Utility installations that are otherwise in compliance with Chapter 140, Land Use and Development Regulations.
(8) 
Cart corrals.
(9) 
Electric vehicle supply/service equipment as required pursuant to N.J.S.A. 40:55d-1 et seq.
(10) 
One sales and leasing office in a location within one of the mixed-use buildings.
(11) 
Maintenance facilities within an enclosed structure.
(12) 
Common storage facilities within an enclosed structure. Separate and individual storage buildings to service a single residential unit shall not be permitted.
(13) 
Fences and retaining walls and stormwater facilities.
(14) 
Parking structure.
(15) 
Such other uses and structures that are customary and incidental to the principal use as permitted by the Planning Board and shown on the approved site plan.
G. 
Minimum requirements.
(1) 
Minimum affordable units: 72 dwelling units shall be designated as family affordable units within the multifamily buildings (and not in the mixed-use buildings).
(2) 
Minimum market rate units: 278 dwelling units shall be permitted.
(3) 
Lot standards and setbacks:
(a) 
Minimum lot width: 100 feet.
(b) 
Minimum lot frontage: 100 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Minimum front yard setback (principal): 50 feet.
(e) 
Minimum side yard setback (principal): 20 feet.
(f) 
Minimum rear yard setback (principal): 25 feet.
(g) 
Minimum building setback from internal lot lines: zero feet.
(h) 
Minimum building setback from parking lots, parking aisles, or internal circulation roadways: 10 feet.
(4) 
All accessory buildings and structures shall meet the principal building setback and coverage requirements for the zone, unless otherwise set forth in this section.
(5) 
Storage space. No dwelling unit shall contain less than 250 cubic feet of private storage space, which shall be in addition to bedroom closet space provided within the unit, and which may be within either attics, garages, basements, parking structures, or a separate enclosed common storage building.
(6) 
Minimum open space and recreation areas.
(a) 
The applicant shall provide recreational amenities for on-site residents, including:
[1] 
A recreation building or clubhouse or internal recreation/fitness space with a minimum size of 5,000 square feet;
[2] 
Bicycle parking;
[3] 
Lawn area of 2,000 square feet;
[4] 
Walking/fitness path; and
[5] 
Three or more of the following facilities:
[a] 
Swimming pool of a minimum size of 1,800 square feet (For the purposes of this subsection, a swimming pool shall count as two facilities);
[b] 
Picnic/barbecue area(s);
[c] 
Boccie court;
[d] 
Pickleball court;
[e] 
Tot lot/play area;
[f] 
Tennis court;
[g] 
Basketball court;
[h] 
Community garden;
[i] 
Exercise area;
[j] 
Off-leash dog area; and
[k] 
Other related recreational amenities as approved by the Board.
H. 
Maximum requirements.
(1) 
Maximum density: 350 dwelling units on Block 945, Lot 11 alone and/or together with Block 945, Lots 12 and/or 19.
(2) 
Maximum height: Building height shall be measured as set forth in § 140-17, except that height in this zone shall be measured from the average proposed finished grade of the front of the building and without the use of retaining wall of each building to the midpoint of the roof:
(a) 
Multifamily buildings: 45 feet.
(b) 
Mixed-use buildings: 45 feet.
(c) 
Standard townhouses: 35 feet.
(d) 
Stacked townhouses: 40 feet.
(e) 
Accessory buildings: 20 feet.
(f) 
Standalone nonresidential buildings: 35 feet.
(3) 
Maximum number of stories (which shall be in addition to any proposed structured parking):
(a) 
Multifamily buildings: three stories.
(b) 
Mixed-use buildings: three stories.
(c) 
Standard townhouses: 2.5 stories.
(d) 
Stacked townhouses: three stories.
(e) 
Accessory buildings: one story.
(f) 
Standalone nonresidential buildings: one story.
(4) 
Maximum building coverage of entire tract: 40%.
(5) 
Maximum impervious coverage of entire tract: 65%.
(6) 
Maximum number of buildings:
(a) 
Nonresidential buildings:
[1] 
One 25,000 square foot nonresidential standalone building, which may include a maximum of 10 nonresidential permitted uses (except for fast food), provided that no single use shall be less than 2,500 square feet.
[2] 
One single-tenant nonresidential building of up to 7,500 square feet, except for fast food uses.
[3] 
One single-tenant nonresidential buildings of up to 5,000 square feet, with a maximum of one nonresidential permitted use for each building, except for fast food uses.
(b) 
Two mixed-use buildings with a first-floor footprint of not more than 16,500 square feet each.
(c) 
Townhouses. No limit on the number of buildings, provided each building will have no more than eight standard townhouse units or 16 stacked townhouse residential units.
(d) 
Multifamily buildings. No limit on the number of buildings, provided the length of each building does not exceed 170 feet and each building will have no more than 40 residential units.
I. 
Access. All vehicular ingress to and egress from the site whether temporary or permanent shall be permitted only on Hwy 34.
J. 
Buffer and landscape areas. The following landscaping and screening standards shall apply:
(1) 
Buffer location. Where the overall tract abuts a nonresidential zone or a property zoned for multifamily or townhome development uses, a landscaped buffer strip at least 25 feet in width shall be established and permanently maintained along the property line abutting such zone or use. Existing vegetation may serve as the landscaped buffer strip, provided compliance with Subsection J(2), below, is met.
(2) 
Buffer areas shall consist of lawn area and massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreen coniferous trees shall have a minimum height of six feet when planted. Deciduous trees shall have a minimum caliper of 3 1/2 inches when planted. All plant material shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurseryman, Inc.
(3) 
Utilities, including stormwater pipes only, shall be permitted within the buffer and setback areas.
(4) 
Wooded areas. Where an area required for a buffer is already wooded, it may be left in its natural state to create the buffer.
(5) 
Development in the Zone shall apply the following landscape standards:
(a) 
Landscaping shall be provided as part of a site plan.
(b) 
Landscaping shall include a plant palette consisting of deciduous and evergreen trees, shrubs, and ground cover based upon the premise to provide material that will best serve the intended function and use as well as to provide materials appropriate for local soil conditions, water conservation and the environment.
(c) 
The use of native, salt tolerant, deer-resistant material is encouraged. Monocultures of material will not be accepted.
(d) 
Landscaping shall be provided in public areas and adjacent to buildings, streets and parking.
(e) 
The type and amount of plant material shall be varied throughout the development with accent given to site entrances. Consider massing trees at critical points.
(f) 
All proposed material shall be drawn to scale to reflect a fifteen-year to twenty-year growth. Planting schedules showing common and botanical names, installed and mature sizes and horticultural interest shall be provided along with applicable installation notes and details.
(g) 
Planting specification. Deciduous trees shall be at least 3 1/2 inches caliper at planting and should be balled and burlapped. Size of evergreens should be six feet tall (except in required buffers) and shrubs two feet tall at planting but may be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and trees, shrubs, and ground cover shall be planted according to accepted horticultural standards.
(h) 
Any development within the Zone shall not be required to submit a tree survey. However, limits of tree clearing shall be shown as part of the site plan application.
K. 
Parking and loading areas.
(1) 
Ordinance §§ 140-214 through 218, § 140-234A(1) and E, and § 140-235 applies with the exception of the standards specifically set forth herein.
(2) 
Residential parking shall be installed pursuant to RSIS.
(3) 
Nonresidential uses parking shall be installed pursuant to § 140-216A, except that shared parking spaces utilized by more than one user for any nonresidential uses shall be permitted in consolidated shared parking areas without the need for variance relief where the developer is able to supply the Planning Board with a Traffic and Parking Study signed by a licensed Professional Traffic Engineer demonstrating that off-peak uses in accordance with Institute of Transportation Engineer (ITE) data will require a lesser demand for parking than the individual and cumulative total demand provided by the parking requirements in § 140-216A. Individual parking lots for single users shall be discouraged but not prohibited.
(4) 
Shared loading spaces shall be permitted. Where multiple uses are provided within a single building, one loading space shall be sufficient per building. The loading space shall be a minimum of 12 feet by 30 feet.
L. 
Other regulations. Developments in the Zone shall be subject to the following regulations, requirements, and standards:
(1) 
All new on-site utilities shall be installed underground subject to the approval of other governmental agencies and utility companies.
(2) 
All buildings shall be served by public water and sanitary sewer systems.
(3) 
Garbage refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall otherwise comply with §§ 140-250 and 140-251. The developer shall advise at the time of site plan approval whether the garbage refuse and recycling collection for the residences shall be done privately or shall be a Township responsibility.
(4) 
New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 (RSIS) shall govern all residential design requirements for this Zone, including, but not limited to, parking, roadways, pavement, and shall take precedence over anything less restrictive contained in the Land Use and Development Regulations.
(5) 
Lighting.
(a) 
All areas within the zone shall receive adequate illumination in accordance with applicable Township Ordinances.
(b) 
All exterior lighting shall be full cut off or dark sky compliant fixtures, except for accent lighting expressly approved by the Planning Board.
(c) 
All light fixtures shall have a correlated color temperature of between 3,000° to 3,500° Kelvin.
(6) 
Signage. Permitted signage shall be as follows:
(a) 
Freestanding signs.
[1] 
One nonresidential advertising freestanding ground sign shall be permitted such that the maximum sign area not exceed 75 square feet, the sign be set back at least 20 feet from the front, side and rear property lines, and the sign not exceed a height of 20 feet above grade on Route 34. Such sign may be illuminated with ground lights that otherwise comply with the Township's lighting and glare ordinances.
[2] 
One freestanding, nonilluminated leasing directory sign of 50 square feet shall be permitted.
(b) 
Individual building attached signs: Separate and incidental building-attached accent or identification signs advertising unique and distinct services or uses within a building shall be prohibited except as set forth below:
[1] 
Each nonresidential tenant may have one building-attached sign not to exceed two square feet for each foot of store frontage or 50 square feet in area, whichever is less, exclusive of the aggregate freestanding sign area permitted. Such signage shall be exclusively located along the store frontage, being that portion of the store serving as the primary entryway for customers, and generally facing the majority of the customer parking spaces.
[2] 
In addition to the signs identified in this section, each nonresidential tenant may have one nonilluminated canopy sign perpendicular to the building, attached to the underside of the roof overhang projecting over a sidewalk, and immediately in front of the entrance door, provided it does not exceed a maximum of two square feet in area, with a minimum ten-foot under clearance.
[3] 
Drive-through and pickup signs.
[a] 
In addition to the signs identified in this section, a permitted drive-through ordering station or a mobile pickup station may have one decorative identification canopy that includes the business name sign or business name branding logo sign provided such sign does not exceed 25 square feet.
[b] 
In addition to the signs identified in this section, a permitted drive-through ordering station may have one pre-order menu board, no larger than six square feet and seven feet high and one order menu no larger than 14 square feet and seven feet high.
(c) 
Any signs including additional temporary directional, informational, or identifications signs, as permitted by the Planning Board in connection with an approved site plan shall be permitted including any temporary signs, which shall be removed 60 days after the final dwelling unit receives a final certificate of occupancy.
(7) 
Building design. The purpose of these building design standards is to ensure that they promote a desirable visual and spatial environment. Development shall comply with the building design standards of § 140-252, except as amended in this chapter:
(a) 
Front-facing facades are facades visible from any public or publicly accessible right-of-way. Front-facing facades shall be of primary exterior building materials, such as brick, stone, wood, stucco, metal, glass, Hardie plank-cement siding or composite materials and such similar high-quality materials. Front facing facade materials shall be used in combination of various materials and not proposed as a single facade material.
(b) 
Buildings shall be designed so that all front-facing facades (i.e., facades visible from any public or publicly accessible right-of-way) are consistent in their architectural character in terms of materials, style, colors, and other aesthetic treatments.
(c) 
Colors, materials, and architectural features should be coordinated on all exterior elevations to achieve a continuity, and harmony of design amongst all buildings.
(d) 
All buildings shall provide architectural elements such as wall articulations and roofline variations. Box-like building shapes and long monolithic walls with minimal articulation of the walls and rooflines and no variation in building material are prohibited.
(e) 
Where a fully pitched roof throughout would not be practical, a sloped perimeter roof with a slope of 5/13 or greater shall be permitted in coordination with a flat roof, provided that the appearance is that of a full roof. The primary roofing materials shall be standing seam metal or dimensional shingles.
(f) 
Buildings with a pitched roof shall have eaves which overhang the facade of the building at least 12 inches.
(g) 
The stacked townhouse units are permitted to have shared/covered vestibule(s) provided there are no more than four private entrances to each vestibule.
(h) 
For any restaurant, outdoor dining may be permitted within the sidewalk area directly in front of or beside the restaurant space. Outdoor dining shall be subject to the following conditions:
[1] 
A minimum effective sidewalk width of five feet shall be maintained.
[2] 
All food preparation shall occur inside the restaurant (other than menu items prepared table-side).
[3] 
Hours of operation for outdoor dining shall be from 6:00 a.m. to 11:00 p.m. An additional half an hour for cleanup shall be permitted after the foregoing hours of operation.
[4] 
Outdoor entertainment is permitted subject to the Township noise ordinance.
(i) 
Ordinary projections of principal or accessory buildings allowed by the State Uniform Construction Code, including, but not limited to, sills, belt courses, chimneys flues, buttresses, ornamental features, and eaves, may project not more than 24 inches into required buffer and setback areas.
(j) 
All accessory buildings and structures shall be treated architecturally to complement the principal buildings.
M. 
Certificates of occupancy, improvement, performance, and maintenance guarantees. The provisions of Article XLII and Article XV of the Land Use and Development Regulations shall apply in addition to the following:
(1) 
Temporary certificates of occupancy can be issued for portions of the building, including residential dwelling units in a phase, such that portions of one phase can be inhabited provided the Construction Official has determined compliance with all applicable UCC codes, and the Township Engineer has, where applicable, certified to the following:
(a) 
Utilities and drainage. Utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed, and service to the lot, building or use from such utilities shall be available.
(b) 
Circulation and parking. All access and parking areas necessary to provide access to the building or use in question shall have been graded and all slope-retaining devices or slope planting shall have been installed. Bituminous base course paving and curbing has been properly installed and the number of parking spaces necessary for the units ready for occupancy are completed.
(c) 
Sidewalks. All required sidewalks necessary to provide access to the building or use in question shall be properly installed.
(d) 
Site grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.
(e) 
Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved.
(2) 
Certificates of occupancy shall be issued to allow the project to be developed in multiple construction phases, including issuance of temporary certificates of occupancy for portions of a phase.
N. 
Affordable housing development requirements.
(1) 
The configuration (unit size and affordability levels) of the 72 affordable housing units shall be designed and completed in accordance with the Township's Affordable Housing Ordinance, the Township's Housing Element and Fair Share Plan, the Fair Housing Act (FHA), the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) (UHAC) and Prior Round Council on Affordable Housing (COAH) regulations (N.J.A.C. 5:93-1.1, et seq.[1]) as follows:
(a) 
Deed restriction period. The developer shall have an obligation to deed restrict the affordable units in the project as very low-, low- or moderate-income affordable units for a period of at least 30 years from the date of the initial certificate of occupancy is issued for each affordable unit (the "deed-restriction period"), so that the Township may count each affordable unit against its obligation to provide family rental affordable housing. The affordable units shall be subject to the deed restriction period, unless and until the Township, in accordance with applicable law, extends or releases the controls on affordability. If the Township should choose not to extend the controls and takes action to release the controls, the affordability controls shall remain in effect until the date on which a rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the end of 30 years after the date of initial occupancy, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days. See Ibid. The term "family rental" in this agreement means rental units that are not age restricted.
(b) 
Deed restriction. The developer shall execute and record a deed restriction in a form not inconsistent with the prevailing UHAC regulations and approved by the Township before the first certificate of occupancy is issued for the inclusionary development. The deed restriction will be recorded in the Monmouth County Clerk's office. If this project is financed with low income housing tax credits, then the HMFA required deed restriction shall be provided.
(c) 
Income distribution requirements. The affordable dwelling units shall be split between very low, low, and moderate income units and low-income units. Pursuant to N.J.S.A. 52:27D-329.1, no less than 13% of the affordable housing units of each bedroom type shall be reserved as very low-income housing units, as such term is defined in N.J.S.A. 52:27D-304 and the UHAC. No less than 37% of the affordable housing units of each bedroom type shall be available as low-income housing units and no less than 50% of the affordable housing units of each bedroom type shall be available as moderate-income housing units, as such terms are defined in N.J.S.A. 52:27D-304 and the UHAC.
(d) 
Bedroom mix. All affordable units shall be subject to the bedroom distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor regulation. All new construction affordable housing units shall be adaptable in conformance with N.J.S.A. 52:27D-311a and 311b, and all other applicable laws. At least 20% of the affordable units in each project shall be three bedroom units, but not more than 20% of the affordable units in each project shall be efficiency and one bedroom units, and at least 30% of the affordable units in each project shall be two bedroom units. The balance of two- or three-bedroom units shall be at the discretion of the developer.
(e) 
Other affordable housing unit requirements. The developer will also comply with all of the other requirements of UHAC and the Township's Affordable Housing Ordinance, including, but not limited to: 1) affirmative marketing requirements, and 2) candidate qualification and screening requirements.
(f) 
Administrative agent. The developer and/or its affiliate may elect, in its sole discretion, to serve as the administrative agent for the affordable units. Unless the developer elects to serve as the administrative agent for the affordable units, the developer shall contract with a qualified and experienced third-party administrative agent, which may be the Township's administrative agent, for the administration of the affordable units and shall have the obligation to pay all costs associated with properly deed restricting the affordable units in accordance with this agreement for the deed-restriction period, and shall work with the developer's and the Township's administrative agent regarding any affordable housing monitoring requirements imposed by COAH or the Court. In that event, the developer shall provide, within 30 days after the written notice, detailed information reasonably requested by the Township or the Township's administrative agent concerning the developer's compliance with UHAC, the Township's Affordable Housing Ordinance, the Township's Amended Affordable Housing Plan, all applicable Court orders (including the Township's JOR Order), and other applicable laws.
(g) 
In addition, construction phasing of this development shall be in the accordance with COAH Prior Round Phasing Regulation [N.J.A.C. 5:93-5.6(d)]. The following table illustrates the benchmarks that must be achieved in the development of the affordable housing in order to develop the entire project.
Minimum Percentage of Affordable Units Completed
Percentage of Market Units Completed
0
25
10
25+1 unit
50
50
75
75
100
90
[1]
Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.
(2) 
Any development within the Zone shall be subject to the provisions of N.J.A.C. 5:93-10.1 and 10.2 which set forth limitations on application requirements and provide a standard of review for the Planning Board for necessary variances or deviations necessary to accomplish the intent of this section.
(3) 
In accordance with § 140-283 (Affordable housing development fee ordinance), the entire Zone qualifies as an "affordable housing development" as defined in § 140-283 (including without limitation, retail, commercial, and mixed-uses), and shall be exempt from the payment of any development fee in accordance with N.J.S.A. 52:27D-329.2, the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), and as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" form. To the extent any fee is required under N.J.S.A. 52:27D-329.2, the developer shall pay one half of the fee upon issuance of the building permit, and the remaining amount due shall be paid before issuance of the certificate of occupancy.[2]
[2]
Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.
[Added 7-26-2023 by Ord. No. 9-2023]
A. 
Purpose. The purpose of this zone is to ensure the construction of a mixed-use development with an inclusionary housing component with a maximum of 46 residential units, consisting of 36 market rate units and 10 family affordable rental units, which will be affordable to very-low-, low-, and moderate-income families that partially addresses the Township's affordable housing obligation, together with commercial and retail uses.
B. 
Definitions.
As used in this section, the following terms shall have the meanings indicated:
AUTOMOBILE SALES
An establishment used for the display, sale, rental, or lease of new or used automobiles, trucks, vans, trailers, boats, or recreational vehicles.
AUTOMOBILE SERVICE STATION
An establishment used for the retail dispensing or sales of vehicular fuels; servicing or repair of automobiles; or the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.
CONVENIENCE STORE
A retail establishment 7,500 square feet or less where prepackaged foods, magazines and newspapers, cigarettes, dairy products, and/or similar foods and items are sold for consumption or use elsewhere, including those establishments where, as a secondary use of the premises, prepared foods (e.g., meats, cheeses, salads, etc.) are sold over the counter in sandwiches or are packaged to take out.
DRIVE-THROUGH ESTABLISHMENT
A general retail or restaurant establishment that takes orders at a designated on-site ordering station or window and dispenses those products to patrons who remain in vehicles.
EDUCATIONAL SERVICE CENTER
An establishment that provides services delivered by teachers or instructors that explain, tell, demonstrate, supervise, and direct learning, provided that no educational service center exceeds a maximum of 15 students at any one time.
FITNESS/HEALTH CLUB
A facility no larger than 2,500 square feet of gross floor area such as a fitness center, gymnasium, health or athletic club, which provides training and/or equipment for aerobic exercise, running and jogging, game courts, and similar activities.
MIXED USE DEVELOPMENT
A structure containing permitted nonresidential uses on the first floor and multifamily dwellings on the upper floors.
OFFICE, PROFESSIONAL
Professional or government offices including: accounting, auditing and bookkeeping services; advertising agencies; architectural, engineering, planning, and surveying services; attorneys; dental and medical services; counseling services; court reporting services; data processing and computer services; detective agencies and similar services; educational, scientific, and research organizations; employment, stenographic, secretarial, and word processing services; government offices including agency and administrative office facilities; management, public relations, and consulting services; photography and commercial art studios; writers and artists offices outside the home. Does not include offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessory to another use are allowed as part of an approved principal use.
PERSONAL SERVICE
Establishments primarily engaged in providing nonmedically related services involving the care of a person or is or her personal goods or apparel. These uses may also include accessory retail sales of products related to the services provided. Automobile service stations are not considered personal service.
PHARMACY
A retail establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.
RESTAURANT, FAST-CASUAL
A restaurant with a limited menu, limited service, or self-service format, whose food is made to order and is fresher and higher quality and has more complex flavors than fast-food restaurants, and whose decor is more upscale, unique, or highly developed.
RESTAURANT, FAST-FOOD
Restaurants whose emphasis is on convenience and speed of service, that are generally part of a restaurant chain or franchise, and that provide a limited menu and minimal table or fast counter service, and whose meals are typically inexpensive and made from standardized ingredients that are partially or fully cooked in bulk in advance and kept hot and then finished and packaged to order.
RESTAURANT, SIT DOWN
An establishment where food and beverage are served to the public on demand from a menu during stated business hours, served in and on reusable containers and dinnerware, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches, or stools.
RETAIL, BULK
A retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs (i.e., "big box" retail). Bulk retail is differentiated from general retail by any of the following characteristics: items for sale include large, categorized products (e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale, and retail nursery stock, etc.) and may also include a variety of carryout goods (e.g., groceries, household, and personal care products).
RETAIL, FOOD
A retail establishment within a permanent structure selling food or beverages for consumption off-premises either immediately or with further preparation. Such establishments may include, but not be limited to, supermarket, grocery store, bakery, candy store, butcher, ice cream store, coffee store, delicatessen, and similar establishments. Convenience stores and drive-through establishments shall not be considered retail food establishments.
RETAIL, GENERAL
A retail establishment within a permanent structure that provides goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. The following shall not be considered general retail: bulk retail, food retail, drive-through establishments, convenience stores, pharmacies, automobile sales, and automobile service stations.
UTILITIES
All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable.
C. 
Permitted principal uses. All uses not specifically listed as being permitted are hereby prohibited.
(1) 
Multifamily family rental housing provided the minimum affordable housing set-aside is met;
(2) 
Mixed use development including inclusionary multifamily residential units provided:
(a) 
The minimum affordable housing set-aside is met;
(b) 
Uses permitted to be mixed with multifamily residential units may include the following:
[1] 
General retail.
[2] 
Food retail.
[3] 
Personal services.
[4] 
Professional offices.
[5] 
Sit-down restaurants.
[6] 
Fast casual restaurants.
[7] 
Child-care centers.
[8] 
Educational service centers.
D. 
Permitted accessory uses.
(1) 
Private community spaces and amenities (e.g., multipurpose room, laundry facilities, mail rooms, fitness studios, etc.) for the sole use and enjoyment of residents and their guests;
(2) 
Refuse and recycling areas;
(3) 
On-site surface, covered, and structured parking including electric vehicle supply/service equipment as required pursuant to N.J.S.A. 40:55d-1 et seq;
(4) 
Outdoor recreation areas (e.g., tot lots and playground, gazebos, picnic areas);
(5) 
Signage in accordance with the standards outlined in this Redevelopment Plan;
(6) 
Temporary construction trailers, the location to be shown on the approved site plan, which shall be removed within 30 days after the final certificate of occupancy is issued;
(7) 
Utility installations that are otherwise in compliance with Chapter 140 of the Code of the Township of Wall;
(8) 
Maintenance facilities within an enclosed structure;
(9) 
Storage facilities within an enclosed structure;
(10) 
On-site professional management and leading office, provided that it is not located within a dwelling unit; and,
(11) 
Other uses normally subordinate and incidental to a principal permitted use.
(12) 
Such other uses and structures that are customary and incidental to the principal use as permitted by the Planning Board and shown on the approved site plan.
E. 
Bulk requirements.
(1) 
Minimum tract width: 100 feet.
(2) 
Minimum tract depth: 100 feet.
(3) 
Minimum front yard: 60 feet.
(4) 
Minimum rear yard: 20 feet.
(5) 
Minimum side yard: 20 feet.
(6) 
Minimum setback from internal lot lines: zero feet.
(7) 
Minimum setback from parking, parking aisles, or internal roadway circulation: 10 feet.
(8) 
Maximum building coverage: 20%.
(9) 
Maximum impervious coverage: 85%.
(10) 
Maximum building height (feet; principal): 45 feet.
(11) 
Maximum building height (stories; principal): three stories.
F. 
Buffer and landscape areas. The following landscaping and screening standards shall apply:
(1) 
Buffer location. Where the overall tract abuts a nonresidential zone or a property zoned for multifamily or townhome development uses, a landscaped buffer strip at least 25 feet in width shall be established and permanently maintained along the property line abutting such zone or use. Existing vegetation may serve as the landscaped buffer strip, provided compliance with Subsection F(2), below, is met.
(2) 
Buffer areas shall consist of lawn area and massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreen coniferous trees shall have a minimum height of six feet when planted. Deciduous trees shall have a minimum caliper of 3 1/2 inches when planted. All plant material shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurseryman, Inc.
(3) 
Wooded areas. Where an area required for a buffer is already wooded, it may be left in its natural state to create the buffer.
(4) 
Development in the Zone shall apply the following landscape standards:
(a) 
Landscaping shall be provided as part of a site plan.
(b) 
Landscaping shall include a plant palette consisting of deciduous and evergreen trees, shrubs, and ground cover based upon the premise to provide material that will best serve the intended function and use as well as to provide materials appropriate for local soil conditions, water conservation and the environment.
(c) 
The use of native, salt-tolerant, deer-resistant material is encouraged. Monocultures of material will not be accepted.
(d) 
Landscaping shall be provided in public areas and adjacent to buildings, streets and parking.
(e) 
The type and amount of plant material shall be varied throughout the development with accent given to site entrances. Consider massing trees at critical points.
(f) 
All proposed material shall be drawn to scale to reflect a fifteen-year to twenty-year growth. Planting schedules showing common and botanical names, installed and mature sizes and horticultural interest shall be provided along with applicable installation notes and details.
(g) 
Planting specification. Deciduous trees shall be at least 3 1/2 inches caliper at planting and should be balled and burlapped. Size of evergreens should be six feet tall (except in required buffers) and shrubs two feet tall at planting but may be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and trees, shrubs, and ground cover shall be planted according to accepted horticultural standards.
(h) 
Any development within the Zone shall not be required to submit a tree survey. However, limits of tree clearing shall be shown as part of the site plan application.
G. 
Parking and loading areas:
(1) 
Residential parking shall be installed pursuant to RSIS.
(2) 
Nonresidential uses parking shall be installed pursuant to § 140-216A, except that shared parking spaces utilized by more than one-user for any nonresidential uses shall be permitted in consolidated shared parking areas without the need for variance relief where the developer is able to supply the Planning Board with a Traffic and Parking Study signed by a licensed Professional Traffic Engineer demonstrating that off-peak uses in accordance with Institute of Transportation Engineer (ITE) data will require a lesser demand for parking than the individual and cumulative total demand provided by the parking requirements in § 140-216A. Individual parking lots for single-users shall be discouraged but not prohibited.
(3) 
Shared loading spaces shall be permitted. Where multiple uses are provided within a single building, one loading space shall be sufficient per building. The loading space shall be a minimum of 12 feet by 30 feet.
H. 
Other regulations. Developments in the Zone shall be subject to the following regulations, requirements, and standards:
(1) 
All new on-site utilities shall be installed underground.
(2) 
All buildings shall be served by public water and sanitary sewer systems.
(3) 
Garbage refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall otherwise comply with §§ 140-250 and 140-251. The developer shall advise at the time of site plan approval whether the garbage refuse and recycling collection for the residences shall be done privately or shall be a Township responsibility.
(4) 
New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 (RSIS) shall govern all residential design requirements for this Zone, including, but not limited to, parking, roadways, pavement, and shall take precedence over anything less restrictive contained in the Land Use and Development Regulations.
(5) 
Lighting.
(a) 
All areas within the zone shall receive adequate illumination in accordance with applicable Township Ordinances.
(b) 
All exterior lighting shall be full cut-off or dark sky compliant fixtures, except for accent lighting expressly approved by the Planning Board.
(c) 
All light fixtures shall have a correlated color temperature of between 3,000° to 3,500° Kelvin.
(6) 
Signage. Permitted signage shall be as follows:
(a) 
Freestanding signs.
[1] 
One nonresidential advertising freestanding ground signs shall be permitted such that the maximum sign area not exceed 50 square feet, the sign be set back at least five feet from the front, side and rear property lines, and the sign not exceed a height of 10 feet above grade. Such signs may be illuminated with ground lights that otherwise comply with the Township's lighting and glare ordinances.
(b) 
Individual building attached signs. Separate and incidental building-attached accent or identification signs advertising unique and distinct services or uses within a building shall be prohibited except as set forth below:
[1] 
Each nonresidential tenant may have one building-attached sign not to exceed two square feet for each foot of store frontage or 50 square feet in area, whichever is less, exclusive of the aggregate freestanding sign area permitted. Such signage shall be exclusively located along the store frontage, being that portion of the store serving as the primary entryway for customers, and generally facing the majority of the customer parking spaces.
[2] 
In addition to the signs identified in this section, each nonresidential tenant may have one nonilluminated canopy sign perpendicular to the building, attached to the underside of the roof overhang projecting over a sidewalk, and immediately in front of the entrance door, provided it does not exceed a maximum of two square feet in area, with a minimum ten-foot under clearance.
[3] 
Any signs including additional temporary directional, informational, or identifications signs, as permitted by the Planning Board in connection with an approved site plan shall be permitted including any temporary signs, which shall be removed 60 days after the final dwelling unit receives a final certificate of occupancy.
(7) 
Building design. The purpose of these building design standards is to ensure that they promote a desirable visual and spatial environment.
(a) 
Front-facing facades are facades visible from any public or publicly accessible right-of-way. Front-facing facades shall be of primary exterior building materials, such as brick, stone, wood, stucco, metal, glass, Hardie plank-cement siding or composite materials and such similar high-quality materials. Front facing facade materials shall be used in combination of various materials and not proposed as a single facade material.
(b) 
Buildings shall be designed so that all front-facing facades (i.e., facades visible from any public or publicly accessible right-of-way) are consistent in their architectural character in terms of materials, style, colors, and other aesthetic treatments.
(c) 
Hardie Plank/cement siding materials and vinyl siding shall be permitted for all residential buildings.
(d) 
Colors, materials, and architectural features should be coordinated on all exterior elevations to achieve a continuity, and harmony of design amongst all buildings.
(e) 
Long monolithic walls with no variation in building material are discouraged.
(f) 
Buildings with a flat roof shall have a decorative cornice which extends on average at least six inches from the face of the building (which shall be excluded from any buffer and setback requirements).
(g) 
Buildings with a pitched roof shall have eaves which overhang the facade of the building at least 12 inches.
(h) 
For any restaurant, outdoor dining may be permitted within the sidewalk area directly in front of or beside the restaurant space. Outdoor dining shall be subject to the following conditions:
[1] 
A minimum effective sidewalk width of five feet shall be maintained.
[2] 
All food and drink preparation shall occur inside the restaurant (other than menu items prepared table-side).
[3] 
Hours of operation for outdoor dining shall be from 9:00 a.m. to 9:30 p.m. An additional half an hour for cleanup shall be permitted after the foregoing hours of operation.
[4] 
No outdoor entertainment permitted.
I. 
Certificates of occupancy, improvement, performance, and maintenance guarantees. The provisions of Article XLII and Article XV of the Land Use and Development Regulations shall apply in addition to the following.
(1) 
Temporary certificates of occupancy can be issued for portions of the building, including residential dwelling units in a phase, such that portions of one phase can be inhabited provided the Construction Official has determined compliance with all applicable UCC codes, and the Township Engineer has, where applicable, certified to the following:
(a) 
Utilities and drainage. Utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed, and service to the lot, building or use from such utilities shall be available.
(b) 
Circulation and parking. All access and parking areas necessary to provide access to the building or use in question shall have been graded and all slope-retaining devices or slope planting shall have been installed. Bituminous base course paving and curbing has been properly installed and the number of parking spaces necessary for the units ready for occupancy are completed.
(c) 
Sidewalks. All required sidewalks necessary to provide access to the building or use in question shall be properly installed.
(d) 
Site grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.
(e) 
Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved.
(2) 
Certificates of occupancy shall be issued to allow the project to be developed in multiple construction phases, including issuance of temporary certificates of occupancy for portions of a phase.
J. 
Affordable housing development requirements.
(1) 
The configuration (unit size and affordability levels) of the 10 affordable housing units shall be designed and completed in accordance with the Township's Affordable Housing Ordinance, the Township's Housing Element and Fair Share Plan, the Fair Housing Act (FHA), the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) (UHAC) and Prior Round Council on Affordable Housing (COAH) regulations (N.J.A.C. 5:93-1.1, et seq.[1]) as follows:
(a) 
Deed restriction period. The developer shall have an obligation to deed restrict the affordable units in the project as very-low-, low- or moderate-income affordable units for a period of at least 30 years from the date of the initial certificate of occupancy is issued for each affordable unit (the "deed-restriction period"), so that the Township may count each affordable unit against its obligation to provide family rental affordable housing. The affordable units shall be subject to the deed restriction period, unless and until the Township, in accordance with applicable law, extends or releases the controls on affordability. If the Township should choose not to extend the controls and takes action to release the controls, the affordability controls shall remain in effect until the date on which a rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the end of 30 years after the date of initial occupancy, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days. See Ibid. The term family rental in this agreement means rental units that are not age restricted.
(b) 
Deed restriction. The developer shall execute and record a deed restriction in a form not inconsistent with the prevailing UHAC regulations and approved by the Township before the first certificate of occupancy is issued for the inclusionary development. The deed restriction will be recorded in the Monmouth County Clerk's office. If this project is financed with low income housing tax credits, then the HMFA required deed restriction shall be provided.
(c) 
Income distribution requirements. The affordable dwelling units shall be split between very low-, low-, and moderate-income units and low-income units. Pursuant to N.J.S.A. 52:27D-329.1, no less than 13% of the affordable housing units of each bedroom type shall be reserved as very low-income housing units, as such term is defined in N.J.S.A. 52:27D-304 and the UHAC. No less than 37% of the affordable housing units of each bedroom type shall be available as low-income housing units and no less than 50% of the affordable housing units of each bedroom type shall be available as moderate-income housing units, as such terms are defined in N.J.S.A. 52:27D-304 and the UHAC.
(d) 
Bedroom mix. All affordable units shall be subject to the bedroom distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor regulation. All new construction affordable housing units shall be adaptable in conformance with N.J.S.A. 52:27D-311a through 311b, and all other applicable laws. At least 20% of the affordable units in each project shall be three-bedroom units, but not more than 20% of the affordable units in each project shall be efficiency and one-bedroom units, and at least 30% of the affordable units in each project shall be two-bedroom units. The balance of two or three-bedroom units shall be at the discretion of the developer.
(e) 
Other affordable housing unit requirements. The developer will also comply with all of the other requirements of UHAC and the Township's Affordable Housing Ordinance, including, but not limited to: 1) affirmative marketing requirements, and 2) candidate qualification and screening requirements.
(f) 
Administrative agent. The developer and/or its affiliate may elect, in its sole discretion, to serve as the administrative agent for the affordable units. Unless the developer elects to serve as the administrative agent for the affordable units, the developer shall contract with a qualified and experienced third-party administrative agent, which may be the Township's administrative agent, for the administration of the affordable units and shall have the obligation to pay all costs associated with properly deed restricting the affordable units in accordance with this agreement for the deed restriction period, and shall work with the developer's and the Township's administrative agent regarding any affordable housing monitoring requirements imposed by COAH or the Court. In that event, the developer shall provide, within 30 days after the written notice, detailed information reasonably requested by the Township or the Township's administrative agent concerning the developer's compliance with UHAC, the Township's Affordable Housing Ordinance, the Township's Amended Affordable Housing Plan, all applicable Court orders (including the Township's JOR Order), and other applicable laws.
(g) 
In addition, construction phasing of this development shall be in the accordance with COAH Prior Round Phasing Regulation [N.J.A.C. 5:93-5.6(d)].[2] The following table illustrates the benchmarks that must be achieved in the development of the affordable housing in order to develop the entire project.
Minimum Percentage of Affordable Units Completed
Percentage of Market Units Completed
0
25
10
25+ 1 unit
50
50
75
75
100
90
[2]
Editor's Note: N.J.A.C. 5:93 et seq. expired 10-16-2016.
[1]
Editor's Note: N.J.A.C. 5:93 et seq. expired 10-16-2016.
(2) 
Any development within the Zone shall be subject to the provisions of N.J.A.C. 5:93-10.1 and 10.2 which set forth limitations on application requirements and provide a standard of review for the Planning Board for necessary variances or deviations necessary to accomplish the intent of this district.
(3) 
In accordance with § 140-283 (Affordable housing development fee Ordinance), the entire Zone qualifies as an "affordable housing development" as defined in § 140-283 (including, without limitation, retail, commercial, and mixed-uses), and shall be exempt from the payment of any development fee in accordance with N.J.S.A. 52:27D-329.2, the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), and as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" form. To the extent any fee is required under N.J.S.A. 52:27D-329.2, the developer shall pay one half of the fee upon issuance of the building permit, and the remaining amount due shall be paid before issuance of the certificate of occupancy.
[Added 7-26-2023 by Ord. No. 11-2023]
A. 
Purpose. The purpose of this zone is to provide the following access easements: the AH9 Overlay Zone shall be applied to allow for vehicular, pedestrian, and/or utility access between and among Block 945, Lots 11, 12, 13 and 19, subject to the terms herein.
B. 
Applicability.
(1) 
Block 945, Lot 11 shall be permitted utility and vehicular access easement through the Township's property (Block 945, Lot 12 and Lot 19) connecting to Route 34 for uses permitted in the underlying zone district(s) applicable to Lot 11 at no cost to the property owners of Lot 11.
(2) 
The following cross-access easements shall be permitted, but only in accordance with the supplemental regulations provided herein:
(a) 
Block 945, Lot 11 shall be permitted a utility access easement through Lot 13 for uses permitted in the underlying zone district(s) applicable to Lot 11.
(b) 
Block 945, Lot 13 shall be permitted a vehicular and pedestrian access through Lots 11 and 12, and 19 for uses permitted in the underlying zone district(s) applicable to Lot 13.
(3) 
The underlying zone district regulations shall apply for all other zoning requirements on the lots.
C. 
Supplemental regulations. The application of the AH9 Overlay Zone to Block 945, Lots 11, 12, 13 and 19 is contingent upon the following:
(1) 
The execution of written agreements between the respective owners of Lots 11 and 13, including without limitation an appropriate cross-access agreement and cost sharing agreement, pursuant to the terms set forth in the MOU and the settlement agreement.
[Added 7-26-2023 by Ord. No. 12-2023]
A. 
Purpose. The purpose of this zone is to allow for the construction of a mixed-use development of commercial, retail, and office space, a stand-alone convenience store with gas pumps and up to 400 residential units, consisting of a minimum of 320 market rate units and a minimum of 80 family affordable rental units, that are affordable to very-low-, low-, and moderate-income units that will partially address the Township's affordable housing obligation as well as facilitates the development of other uses described herein.
B. 
Definitions. The following definitions shall apply to this section. Article III, "Definitions and Word Usage," of the Wall Township Land Use and Development Regulations shall apply for any words not specifically defined in this section.
AUTOMOBILE SALES
An establishment used for the display, sale, rental, or lease of new or used automobiles, trucks, vans, trailers, boats, or recreational vehicles.
AUTOMOBILE SERVICE STATION
An establishment used for the retail dispensing or sales of vehicular fuels; servicing or repair of automobiles; or the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.
CONVENIENCE STORE
A retail establishment where prepackaged foods, magazines and newspapers, cigarettes, dairy products, and/or similar foods and items are sold for consumption or use elsewhere, including those establishments where, as a secondary use of the premises, prepared foods (e.g., meats, cheeses, salads, etc.) are sold over the counter in sandwiches or are packaged to take out.
CURBSIDE PICKUP ESTABLISHMENT
Subject to the supplemental regulations contained herein, a retail establishment or restaurant establishment where previously ordered and purchased items are provided, dispensed and/or served: (1) to customers through a walk-up curbside pickup window; or (2) to customers who remain in their automobiles in a designated area or parking spaces near the establishment.
DRIVE-THROUGH ESTABLISHMENT
Subject to the supplemental regulations contained herein, a retail establishment or restaurant establishment that takes customer orders at a designated on-site ordering and payment window(s), and dispenses those products to patrons who remain in their automobiles through a designated on-site window(s).
EDUCATIONAL SERVICE CENTER
An establishment that provides services delivered by teachers or instructors that explain, tell, demonstrate, supervise, and direct learning, provided that no educational service center exceeds a maximum of 15 students at any one time.
FINANCIAL INSTITUTION
Any trust company, savings bank, industrial bank, savings and loan association, building and loan association, commercial bank, credit union, federal association, investment company, or other business association, which is chartered under federal or state law, solicits, receives, or accepts money or its equivalent on deposit and loans money as a regular business. This use shall not include a check cashing or pawn shop facility.
FITNESS/HEALTH CLUB
A facility such as a fitness center, gymnasium, health or athletic club, which provides yoga, training and/or equipment for aerobic exercise, running and jogging, game courts, and/or similar activities.
GATEWAY DIGITAL READER BOARD SIGN
A landscape feature and/or built decorative structure that serves as an electronic message center that is capable of displaying and alternating words, symbols, figures or images that can be electronically changed by remote or automatic means through integrated visual communication technology aimed at supporting communication and/or advertising by the public.
MIXED USE DEVELOPMENT
A structure containing permitted nonresidential uses on the first floor and multifamily dwellings on the upper floors. The structure may contain parking on the same level as and/or below the permitted nonresidential uses on the first floor.
MOBILE PICKUP WINDOW ESTABLISHMENT
Subject to the supplemental regulations contained herein, a retail establishment or restaurant establishment where previously ordered and purchased items are provided, dispensed and/or served to customers who remain in their automobiles through a mobile pickup window. All ordering and payments shall occur in advance of the items being picked up.
OFFICE, PROFESSIONAL
Professional or government offices including: accounting, auditing and bookkeeping services; advertising agencies; architectural, engineering, planning, and surveying services; attorneys; dental, physical therapy, and medical services; counseling services; court reporting services; data processing and computer services; detective agencies and similar services; educational, scientific, and research organizations; employment, stenographic, secretarial, and word processing services; government offices including agency and administrative office facilities; management, public relations, and consulting services; photography and commercial art studios; writers and artists offices outside the home. Does not include offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessory to another use are allowed as part of an approved principal use.
PERSONAL SERVICE
Establishments primarily engaged in providing nonmedically related services involving the care of a person or is or her personal goods or apparel. These uses may also include accessory retail sales of products related to the services provided. Automobile service stations are not considered personal service.
PHARMACY
A retail establishment with or without a drive-through facility engaged in the sale of prescription drugs and medicines, nonprescription medicines, cosmetics, grocery and household items, and other goods for personal use and consumption. Ancillary medical services including but not limited to flu-shot, vaccines and other similar treatments may be administered. A walk-in or appointment-based clinic shall be permitted as accessory use to a pharmacy not to include a methadone clinic or similar facility not to include a methadone clinic or similar facility.
RESTAURANT ESTABLISHMENT
An establishment that includes sit-down and fast-casual restaurants and excludes fast food.
RESTAURANT, FAST-CASUAL
A restaurant with a limited menu, limited service, or self-service format, whose food is made to order and is fresher and higher quality and has more complex flavors than fast-food restaurants, and whose decor is more upscale, unique, or highly developed.
RESTAURANT, FAST-FOOD
Restaurants whose emphasis is on convenience and speed of service, that are generally part of a restaurant chain or franchise, and that provide a limited menu and minimal table or fast counter service, and whose meals are typically inexpensive and made from standardized ingredients that are partially or fully cooked in bulk in advance and kept hot and then finished and packaged to order.
RESTAURANT, SIT-DOWN
An establishment where food and beverage are served to the public on demand from a menu during stated business hours, served in and on reusable containers and dinnerware, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches, or stools.
RETAIL, BULK
A retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs (i.e., "big box" retail). Bulk retail is differentiated from general retail by any of the following characteristics: items for sale include large, categorized products (e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale, and retail nursery stock, etc.) and may also include a variety of carryout goods (e.g., groceries, household, and personal care products).
RETAIL, FOOD
A retail establishment within a permanent structure selling food or beverages for consumption off-premises either immediately or with further preparation. Such establishments may include, but not be limited to, supermarkets, grocery store, bakery, candy store, butcher, ice cream store, coffee store, delicatessen, and similar establishments.
RETAIL, GENERAL
A retail establishment within a permanent structure that provides goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Pharmacies shall not be considered retail establishments.
UTILITIES
All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable.
C. 
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract. This zone may operate under a technical subdivision provision pursuant to § 140-81 of the Land Use and Development Regulations of the Township of Wall (this "chapter"), which allows the project to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
D. 
Permitted principal uses. All uses not specifically listed as being permitted are hereby prohibited.
(1) 
Multifamily and mixed-use development of a maximum of 400 residential units, consisting of 320 market rate units and 80 family affordable rental units.
(2) 
Nonresidential uses permitted as part of the mixed-use development provided a minimum of 80 family affordable rental units are approved as part of the site plan approval, may include:
(a) 
General retail.
(b) 
Food retail.
(c) 
Personal services.
(d) 
Office, professional.
(e) 
Sit-down restaurants.
(f) 
Fast-casual restaurants.
(g) 
Child-care centers.
(h) 
Fitness/health clubs.
(i) 
Educational service centers.
(j) 
Financial institution.
(k) 
Pharmacy with drive-through.
(l) 
Pharmacy without drive-through limited to 2,500 square feet or less.
(m) 
A maximum of one convenience store which may include an associated automobile service station.
(n) 
Drive-through, mobile pickup window, and curbside pickup establishments, in accordance with the supplemental requirements below.
(o) 
One gateway digital reader board sign with digital reader board for the purpose of displaying Township information only.
E. 
Supplemental requirements for specific principal uses: drive-through, curbside pickup, and mobile pickup window establishments:
(1) 
A maximum of one drive-through establishment provided the following requirements are met:
(a) 
The establishment is a pharmacy, fast-casual, food retail, general retail establishment, or financial institution.
(b) 
A maximum of one ordering station is permitted.
(c) 
A maximum of one pickup window is permitted.
(d) 
A bypass/escape lane shall be provided.
(e) 
The drive-through aisle length shall be able to stack a minimum of four standard length vehicles and which has a minimum stacking length of 75 feet from the first window on approach.
(f) 
The drive-through aisle width shall be a minimum width of 12 feet.
(g) 
The drive-through aisle shall not directly block parking spaces, loading zones, pedestrian building entries or refuse areas.
(2) 
A maximum of two mobile pickup window establishments provided the following requirements are met:
(a) 
The establishment is a pharmacy, fast-casual or sit-down restaurant, food retail, general retail establishment, or financial institution.
(b) 
Ordering window or station and outside speaker system is prohibited.
(3) 
There shall be no limit to the number of curbside pickup establishments for any of the following uses: pharmacy, fast-casual or sit-down restaurant, general retail, food retail establishment provided no more than 10% of the nonresidential parking spaces are designated for curbside pickup and in accordance with Planning Board approval.
F. 
Permitted accessory uses.
(1) 
Common parking, pedestrian, biking, and driveway areas.
(2) 
Common private recreational and open space facilities.
(3) 
Patios, balconies, and decks.
(4) 
Common trash receptacles and compactors.
(5) 
Signs.
(6) 
Construction trailers, the location to be shown on the approved site plan, which shall be removed 30 days after the final dwelling unit receives a final certificate of occupancy.
(7) 
Utility installations that are otherwise in compliance with Chapter 140, Land Use and Development Regulations.
(8) 
Cart corrals.
(9) 
Electric vehicle supply/service equipment as required pursuant to N.J.S.A. 40:55d-1 et seq.
(10) 
One sales and leasing office in a location within one of the mixed-use buildings.
(11) 
Maintenance facilities within an enclosed structure.
(12) 
Common storage facilities within an enclosed structure. Separate and individual storage buildings to service a single residential unit shall not be permitted.
(13) 
Fences and retaining walls and stormwater facilities.
(14) 
Parking structure.
(15) 
Such other uses and structures that are customary and incidental to the principal use as permitted by the Planning Board and shown on the approved site plan.
G. 
Minimum requirements.
(1) 
Minimum affordable units. Eighty multifamily dwelling units shall be designated as family affordable units within the multifamily buildings and mixed use buildings, including no more than 66 affordable units may be contained within two stand-alone 100% affordable buildings.
(2) 
Minimum market rate units: 320 dwelling units shall be permitted.
(3) 
Minimum lot Standards and setbacks for residential and mixed-use development:
(a) 
Minimum lot width: 400 feet.
(b) 
Minimum lot frontage: 300 feet.
(c) 
Minimum lot depth: 500 feet.
(d) 
Minimum front yard setback (principal):
[1] 
Three hundred feet from the edge of the pavement of Lakewood Road, State Highway 34 and State Highway 35, for the four-story buildings.
[2] 
Fifty feet for all other buildings.
(e) 
Minimum side yard setback (principal): 50 feet.
(f) 
Minimum rear yard setback (principal): 50 feet.
(g) 
Minimum building and parking setback from internal lot lines: zero feet.
(h) 
Minimum building setback from parking, parking aisles, or internal circulation roadways: 10 feet.
(i) 
Minimum of 250 cubic feet of private storage space, which may be within attics, garages, or basements or a separate enclosed common storage building in addition to the standard closet space provided within the unit.
(4) 
Minimum lot standards and setbacks for nonresidential development:
(a) 
Minimum lot width: 100 feet.
(b) 
Minimum lot frontage: 100 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Minimum front yard setback (principal): 50 feet.
(e) 
Minimum side yard setback (principal): 20 feet.
(f) 
Minimum rear yard setback (principal): 25 feet.
(g) 
Minimum parking setback: 10 feet.
(h) 
Minimum sign setback: five feet.
(i) 
Minimum building and parking setback from internal lot lines: Zero feet.
(j) 
Minimum building setback from parking, parking aisles, or internal circulation roadways: 10 feet.
(5) 
All accessory buildings and structures shall meet the principal building setback and coverage requirements for the zone, unless otherwise set forth in this section.
(6) 
Minimum open space and recreation areas.
(a) 
The applicant shall provide recreational amenities for on-site residents, including:
[1] 
A recreation building or clubhouse or internal recreation/fitness space with a minimum size of 7,000 square feet;
[2] 
Picnic/barbecue area(s);
[3] 
Bicycle parking;
[4] 
Lawn area of 2,000 square feet; and
[5] 
Three or more of the following facilities:
[a] 
Swimming pool of a minimum size of 1,800 square feet (for the purposes of this subsection, a swimming pool shall count as two facilities);
[b] 
Boccie court;
[c] 
Pickleball court;
[d] 
Tot lot/play area;
[e] 
Tennis court;
[f] 
Basketball court;
[g] 
Community garden;
[h] 
Exercise area;
[i] 
Off-leash dog area; and
[j] 
Other related recreational amenities as approved by the Board.
H. 
Maximum requirements.
(1) 
Maximum height: Building height shall be measured as set forth in § 140-17, except that height in this zone shall be measured from the average proposed finished grade of the front of the building and without the use of retaining walls of each building to the midpoint of the roof.
(a) 
Multifamily buildings: 55 feet.
(b) 
Mixed-use buildings: 55 feet.
(c) 
Accessory buildings: 20 feet.
(d) 
Stand-alone nonresidential buildings: 35 feet.
(2) 
Maximum number of stories (which shall be in addition to any proposed structured parking):
(a) 
Multifamily buildings: four.
(b) 
Mixed-use buildings: four.
(c) 
Accessory buildings: one.
(d) 
Stand-alone nonresidential buildings: one.
(3) 
Maximum building coverage of entire tract: 40%.
(4) 
Maximum impervious coverage of entire tract: 65%.
(5) 
Maximum number of buildings:
(a) 
Nonresidential:
[1] 
One convenience store with automobile service station.
[2] 
One single-tenant nonresidential building of up to 12,500 square feet for pharmacy or retail use.
[3] 
Two single-tenant nonresidential buildings of up to 5,250 square feet, with a maximum of one nonresidential permitted use for each building.
[4] 
One single-tenant nonresidential building of up to 7,500 square feet, with a maximum of one nonresidential permitted use for each building.
[5] 
An additional single-tenant nonresidential building, not to exceed 7,500 square feet for any of the following uses: pharmacy, fast-casual or sit-down restaurant, general retail or food retail establishment, is permitted provided the site layout is in conformance with the following supplemental regulations:
[a] 
A gateway sign with digital reader board is provided at the corner of the property located at the intersection of Route 34 and Route 35. The digital reader board portion of the gateway sign shall not exceed 30% of the gateway sign structure and shall not exceed 10 feet in height. The gateway sign structure shall not exceed 100 feet in length and 30 feet in height at any one single point. The digital reader board part of the gateway sign is for the sole purpose of providing Township information; and
[b] 
The convenience store with associated automobile service station is located to the north of the gateway sign with the intention of located the convenience store further from the intersection of Route 34 and Route 35 and Route 70; and
[c] 
The additional single-tenant nonresidential building will be located on the south side of the Route 34 access drive. Additional single tenant pad is located immediately adjacent to the north of the digital gateway sign; and
[d] 
The convenience store with associated automobile service station is not located immediately adjacent to the digital gateway sign and is located on the northern side of the additional single tenant pad to increase the distance of the convenience store from the southeast corner of the tract at the corner of Route 34 and Route 35.
(b) 
Mixed-use buildings: two mixed-use buildings.
(c) 
Multifamily buildings:
[1] 
Up to four buildings including two buildings of 100% affordable units with a combined total of 66 affordable units.
[2] 
Each building will have no more than 40 residential units.
[3] 
The length of each building will not exceed 170 feet.
I. 
Buffer and landscape areas. The following landscaping and screening standards shall apply:
(1) 
Buffer location. Where the overall tract abuts a nonresidential zone or a property zoned for multifamily or townhome development uses, a landscaped buffer strip at least 25 feet in width shall be established and permanently maintained along the property line abutting such zone or use. Existing vegetation may serve as the landscaped buffer strip, provided compliance with Subsection I(2), below, is met.
(2) 
Buffer areas shall consist of lawn area and massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreen coniferous trees shall have a minimum height of six feet when planted. Deciduous trees shall have a minimum caliper of 3 1/2 inches when planted. All plant material shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurseryman, Inc.
(3) 
Utilities, including stormwater pipes, shall be permitted within the buffer and setback areas.
(4) 
Wooded areas. Where an area required for a buffer is already wooded, it may be left in its natural state to create the buffer.
(5) 
Development in the Zone shall apply the following landscape standards:
(a) 
Landscaping shall be provided as part of a site plan.
(b) 
Landscaping shall include a plant palette consisting of deciduous and evergreen trees, shrubs, and ground cover based upon the premise to provide material that will best serve the intended function and use as well as to provide materials appropriate for local soil conditions, water conservation and the environment.
(c) 
The use of native, salt-tolerant, deer-resistant material is encouraged. Monocultures of material will not be accepted.
(d) 
Landscaping shall be provided in public areas and adjacent to buildings, streets and parking.
(e) 
The type and amount of plant material shall be varied throughout the development with accent given to site entrances. Consider massing trees at critical points.
(f) 
All proposed material shall be drawn to scale to reflect a fifteen- to twenty-year growth. Planting schedules showing common and botanical names, installed and mature sizes and horticultural interest shall be provided along with applicable installation notes and details.
(g) 
Planting specification. Deciduous trees shall be at least 3 1/2 inches caliper at planting and should be balled and burlapped. Size of evergreens should be six feet tall (except in required buffers) and shrubs two feet tall at planting but may be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and trees, shrubs, and ground cover shall be planted according to accepted horticultural standards.
(h) 
Any development within the Zone shall not be required to submit a tree survey. However, limits of tree clearing shall be shown as part of the site plan application.
J. 
Parking and loading areas.
(1) 
Ordinance §§ 140-214 through 218, § 140-234A(1) and E, and § 140-235 applies with the exception of the standards specifically set forth herein.
(2) 
Residential parking shall be installed pursuant to RSIS.
(3) 
Nonresidential uses parking shall be installed pursuant to § 140-216A, except that shared parking spaces utilized by more than one-user for any nonresidential uses shall be permitted in consolidated shared parking areas without the need for variance relief where the developer is able to supply the Planning Board with a Traffic and Parking Study signed by a licensed professional traffic engineer demonstrating that off-peak uses in accordance with Institute of Transportation Engineer (ITE) data will require a lesser demand for parking than the individual and cumulative total demand provided by the parking requirements in § 140-216A. Individual parking lots for single-users shall be discouraged but not prohibited.
(4) 
Shared loading spaces shall be permitted. Where multiple uses are provided within a single building, one loading space shall be sufficient per building. The loading space shall be a minimum of 12 feet by 30 feet.
K. 
Other regulations. Developments in the Zone shall be subject to the following regulations, requirements, and standards:
(1) 
All new on-site utilities shall be installed underground subject to the approval of other governmental agencies.
(2) 
All buildings shall be served by public water and sanitary sewer systems.
(3) 
Garbage refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall otherwise comply with §§ 140-250 and 140-251. The developer shall advise at the time of site plan approval whether the garbage refuse and recycling collection for the residences shall be done privately or shall be a Township responsibility.
(4) 
New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 (RSIS) shall govern all residential design requirements for this Zone, including, but not limited to, parking, roadways, pavement, and shall take precedence over anything less restrictive contained in the Land Use and Development Regulations.
(5) 
Lighting.
(a) 
All areas within the zone shall receive adequate illumination in accordance with applicable Township Ordinances.
(b) 
All exterior lighting shall be full cut-off or dark sky compliant fixtures, except for accent lighting expressly approved by the Planning Board.
(c) 
All light fixtures shall have a correlated color temperature of between 3,000° to 3,500° Kelvin.
(6) 
Signage. Permitted signage shall be as follows:
(a) 
Residential:
[1] 
Two freestanding ground signs indicating the name of the development, and one freestanding leasing directory sign shall be permitted as follows:
[a] 
Each sign shall not exceed 50 square feet;
[b] 
Each sign shall be set back at least five feet from the front, side and rear property lines;
[c] 
Each sign shall be a maximum height of 10 feet above grade.
[d] 
Such signs may be illuminated with ground lights that otherwise comply with the Township's lighting and glare ordinances and this section.
(b) 
Nonresidential/commercial uses (not applicable to the gateway digital reader board sign):
[1] 
Two Type III ground signs shall be permitted.
[2] 
In addition, each commercial tenant may have one building-attached sign on each building elevation not to exceed two square feet for each foot of store frontage or 50 square feet in area, whichever is less, exclusive of the aggregate freestanding sign area permitted.
[3] 
Convenience store with retail fuel sales signage. In addition to the signage permitted in this section:
[a] 
Maximum of one 10 square foot sign on each fuel canopy.
[b] 
Signs of a maximum of three square feet shall also be permitted on the fuel-dispensing pumps.
[c] 
One Type III ground sign shall be permitted that may include the business name, logo, and fuel pricing in compliance with § 140-219E(2).
(c) 
Any signs including additional temporary directional, informational, or identifications signs, as permitted by the Planning Board in connection with an approved site plan shall be permitted including any temporary signs, which shall be removed 60 days after the final dwelling unit receives a final certificate of occupancy.
(7) 
Building design. The purpose of these building design standards is to ensure that they promote a desirable visual and spatial environment. Development shall comply with the building design standards of § 140-252, except as amended in this chapter:
(a) 
Front-facing facades are facades visible from any public or publicly accessible right-of-way. Front-facing facades shall be of primary exterior building materials, such as brick, stone, wood, stucco, metal, glass, Hardie plank-cement siding or composite materials and such similar high-quality materials. Front facing facade materials shall be used in combination of various materials and not proposed as a single facade material.
(b) 
Buildings shall be designed so that all front-facing facades (i.e., facades visible from any public or publicly accessible right-of-way) are consistent in their architectural character in terms of materials, style, colors, and other aesthetic treatments.
(c) 
Colors, materials, and architectural features should be coordinated on all exterior elevations to achieve a continuity, and harmony of design amongst all buildings.
(d) 
All buildings shall provide architectural elements such as wall articulation and roofline variations. Box-like shapes and long monolithic walls with minimal articulation of the walls and rooflines and no variation in building material are prohibited.
(e) 
Where a fully pitched roof throughout would not be practical, a sloped perimeter roof with a slope of 5/13 or greater shall be permitted in coordination with a flat roof, provided that the appearance is that of a full roof. The primary roofing materials shall be standing seam metal or dimensional shingles.
(f) 
Buildings with a pitched roof shall have eaves which overhang the facade of the building at least 12 inches.
(g) 
For any restaurant, outdoor dining may be permitted within the sidewalk area directly in front of or beside the restaurant space. Outdoor dining shall be subject to the following conditions:
[1] 
A minimum effective sidewalk width of five feet shall be maintained.
[2] 
All food preparation shall occur inside the restaurant (other than menu items prepared table-side).
[3] 
Hours of operation for outdoor dining shall be from 6:00 a.m. to 11:00 p.m. An additional half an hour for cleanup shall be permitted after the foregoing hours of operation.
[4] 
Outdoor entertainment is permitted subject to the Township's noise ordinance.
(h) 
Ordinary projections of principal or accessory buildings allowed by the State Uniform Construction Code, including, but not limited to, sills, belt courses, chimneys flues, buttresses, ornamental features, and eaves, may project not more than 24 inches into required buffer and setback areas.
(i) 
All accessory buildings and structures shall be treated architecturally to complement the principal buildings.
L. 
Certificates of occupancy, improvement, performance, and maintenance guarantees. The provisions of Article XLII and Article XV of the Land Use and Development Regulations shall apply in addition to the following:
(1) 
Temporary certificates of occupancy can be issued for portions of the building, including residential dwelling units in a phase, such that portions of one phase can be inhabited provided the Construction Official has determined compliance with all applicable UCC codes, and the Township Engineer has, where applicable, certified to the following:
(a) 
Utilities and drainage. Utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed, and service to the lot, building or use from such utilities shall be available.
(b) 
Circulation and parking. All access and parking areas necessary to provide access to the building or use in question shall have been graded and all slope-retaining devices or slope planting shall have been installed. Bituminous base course paving and curbing has been properly installed and the number of parking spaces necessary for the units ready for occupancy are completed.
(c) 
Sidewalks. All required sidewalks necessary to provide access to the building or use in question shall be properly installed.
(d) 
Site grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.
(e) 
Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved.
(2) 
Certificates of occupancy shall be issued to allow the project to be developed in multiple construction phases, including issuance of temporary certificates of occupancy for portions of a phase.
M. 
Affordable housing development requirements.
(1) 
The configuration (unit size and affordability levels) of the 80 affordable housing units shall be designed and completed in accordance with the Township's Affordable Housing Ordinance, the Township's Housing Element and Fair Share Plan, the Fair Housing Act (FHA), the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) (UHAC) and Prior Round Council on Affordable Housing (COAH) regulations (N.J.A.C. 5:93-1.1, et seq.[1] as follows:
(a) 
Deed restriction period. The developer shall have an obligation to deed restrict the affordable units in the project as very-low-, low- or moderate-income affordable units for a period of at least 30 years from the date of the initial certificate of occupancy is issued for each affordable unit (the "deed-restriction period"), so that the Township may count each affordable unit against its obligation to provide family rental affordable housing. The affordable units shall be subject to the deed restriction period, unless and until the Township, in accordance with applicable law, extends or releases the controls on affordability. If the Township should choose not to extend the controls and takes action to release the controls, the affordability controls shall remain in effect until the date on which a rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the end of 30 years after the date of initial occupancy, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days. See Ibid. The term family rental in this agreement means rental units that are not age restricted.
(b) 
Deed restriction. The developer shall execute and record a deed restriction in a form not inconsistent with the prevailing UHAC regulations and approved by the Township before the first certificate of occupancy is issued for the inclusionary development. The deed restriction will be recorded in the Monmouth County Clerk's office. If this project is financed with low-income housing tax credits, then the HMFA required deed restriction shall be provided.
(c) 
Income distribution requirements. The affordable dwelling units shall be split between very-low-, low-, and moderate-income units and low-income units. Pursuant to N.J.S.A. 52:27D-329.1, no less than 13% of the affordable housing units of each bedroom type shall be reserved as very low-income housing units, as such term is defined in N.J.S.A. 52:27D-304 and the UHAC. No less than 37% of the affordable housing units of each bedroom type shall be available as low-income housing units and no less than 50% of the affordable housing units of each bedroom type shall be available as moderate-income housing units, as such terms are defined in N.J.S.A. 52:27D-304 and the UHAC.
(d) 
Bedroom mix. All affordable units shall be subject to the bedroom distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor regulation. All new construction affordable housing units shall be adaptable in conformance with N.J.S.A. 52:27D-311a through 311b, and all other applicable laws. At least 20% of the affordable units in each project shall be three bedroom units, but not more than 20% of the affordable units in each project shall be efficiency and one bedroom units, and at least 30% of the affordable units in each project shall be two bedroom units. The balance may be two- or three-bedroom units, at the discretion of the developer.
(e) 
Other affordable housing unit requirements. The developer will also comply with all of the other requirements of UHAC and the Township's Affordable Housing Ordinance, including, but not limited to: 1) affirmative marketing requirements; and 2) candidate qualification and screening requirements.
(f) 
Administrative agent. Unless the developer elects, in its sole discretion, to serve as the administrative agent for the affordable units, the developer shall contract with a qualified and experienced third-party administrative agent, which may be the Township's administrative agent, for the administration of the affordable units and shall have the obligation to pay all costs associated with properly deed restricting the affordable units in accordance with this agreement for the deed-restriction period. If the developer elects not to serve as the administrative agent, the developer shall work with the Township and the Township's administrative agent, should the developer's and the Township's administrative agent regarding any affordable housing monitoring requirements imposed by COAH or the Court. In that event, the developer shall provide, within 30 days after written notice, detailed information reasonably requested by the Township or the Township's administrative agent concerning the developer's compliance with UHAC, the Township's Affordable Housing Ordinance, the Township's Amended Affordable Housing Plan, all applicable Court orders (including the Township's JOR Order), and other applicable laws.
(g) 
In addition, construction phasing of this development shall be in the accordance with COAH Prior Round Phasing Regulation [N.J.A.C. 5:93-5.6(d)].[2] The following table illustrates the benchmarks that must be achieved in the development of the affordable housing in order to develop the entire project.
Minimum Percentage of Affordable Units Completed
Percentage of Market Units Completed
0
25
10
25 + 1 unit
50
50
75
75
100
90
[2]
Editor's Note: N.J.A.C. 5:93 et seq. expired 10-16-2016.
[1]
Editor's Note: N.J.A.C. 5:93 et seq. expired 10-16-2016.
(2) 
Any development within the Zone shall be subject to the provisions of N.J.A.C. 5:93-10.1 and 10.2 which set forth limitations on application requirements and provide a standard of review for the Planning Board for necessary variances or deviations necessary to accomplish the intent of this section.
(3) 
In accordance with § 140-283 (Affordable housing development fee Ordinance), the entire Zone qualifies as an "Affordable Housing Development" as defined in § 140-283 (including, without limitation, retail, commercial, and mixed-uses), and shall be exempt from the payment of any development fee in accordance with N.J.S.A. 52:27D-329.2, the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), and as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" form. To the extent any fee is required under N.J.S.A. 52:27D-329.2, the developer shall pay one half of the fee upon issuance of the building permit, and the remaining amount due shall be paid before issuance of the certificate of occupancy.
[Added 7-26-2023 by Ord. No. 13-2023; amended 2-28-2024 by Ord. No. 1-2024]
A. 
Purpose. The purpose of this zone is to allow for market-rate residential dwelling units in this AHR-14 Zone, which are a portion of the overall settlement reached under the MOU and Settlement Agreement, and are part of an inclusionary development. All terms as contained in the Settlement Agreement shall apply and shall supersede the affordable housing regulations contained in Chapter 140, Land Use and Development Regulations. The property is approximately 92 acres in size, and as part of the MOU and Settlement Agreement, the developer will convey 43.6+/- acres on the south side of Lot 22 property to the Township ("Township Parcel"), at no cost to the Township, and the developer will continue to own 48+/- acres on the north side of Lot 22 and all of 6.01 ("Northern Parcel"). "Proposed Lot B" shall be that parcel shown on attached Exhibit A[1] and is included in this section to effectuate vehicular access of the Northern Parcel.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
B. 
Access. This zone has been created with anticipated access as follows:
(1) 
Access to the Northern Parcel to Route 138 to be achieved through Block 800, Lot 6.01.
(2) 
Access to Proposed Lot B to Route 138 to be achieved through Block 800, Lot 5.01.
(3) 
Access to the Municipal Parcel from 18th Avenue.
(4) 
No public vehicular access between the three lots shall be permitted.
C. 
Permitted principal uses for the Northern Parcel:
(1) 
Up to 97 single-family detached units; or
(2) 
Up to 194 senior age-restricted townhouses; or
(3) 
A combination of single-family non-age-restricted units and senior age-restricted townhouses in accordance with the following formula. The developer shall be permitted to build two age-restricted townhouses for each single-family non-age-restricted unit less than 97 that the developer proposes. For example, if the developer elects to construct 47 single-family units, the developer shall be permitted to construct 100 senior age-restricted townhouses (two townhouses x 50 less single-family units).
D. 
Permitted accessory uses for the Northern Parcel. Accessory uses may be provided but shall not be required as a condition of approval, and may include, but are not limited to the following:
(1) 
Parking areas and electric vehicle charging stations.
(2) 
Optional clubhouse buildings with interior amenities, including but not limited to community rooms, wellness and health rooms, library, meeting rooms, lobbies, laundry areas, mail centers, fitness rooms, work from home space and other traditional ancillary spaces intended to serve the residential development.
(3) 
Accessory spaces and/or buildings to serve the management and operations of the development, including but not limited to: maintenance areas, other traditional ancillary spaces and temporary management and leasing office.
(4) 
Exterior amenities and recreational facilities and structures, including but not limited to pools, cabanas, open space, gathering space, pickleball, tennis and/or bocce courts, bicycle parking, benches and walkways intended to serve the residential development.
(5) 
Dog walking/park areas and dog-washing facilities intended to serve the residential development.
(6) 
Community garden, greenhouse, and garden shed intended to serve the residential development.
(7) 
Private and public utility structures, including generators.
(8) 
Trash and recycling enclosures.
(9) 
Signage. Permitted signage shall be as follows:
(a) 
Two ground signs shall be permitted such that: 1) the maximum sign area for each sign does not exceed 75 square feet; 2) the sign shall be set back at least five feet from the front, side and rear property lines; 3) the sign shall not exceed a height of seven feet above grade; and 4) such signs may be illuminated with lights that comply with the Township's lighting and glare ordinances.
(b) 
Directional signs up to four square feet in area and three feet in height.
(10) 
Utility shed for equipment storage.
(11) 
Temporary construction and leasing trailers, with the proviso that there will be a time limit to allow temporary construction and leasing trailers on-site, and placed in a suitable location.
(12) 
Solar and renewable energy installations.
(13) 
Other accessory uses customarily incidental to a permitted residential use.
E. 
Principal permitted uses for the Southern Parcel:
(1) 
Municipal uses and purposes by the Township of Wall.
F. 
Principal permitted uses for Parcel B:
(1) 
The same uses and standards permitted on the adjacent block 800, Lot 5.01. All other regulations and standards specific to Block 800, Lot 5.01, shall apply to Parcel B.
G. 
Other regulations. Developments in the AHR-14 Zone shall be subject to the following regulations, requirements, and standards and shall supersede all other sections of the Wall Township Land Use Ordinance:
(1) 
All new utilities shall be installed underground.
(2) 
All dwelling units shall be served by public water and sanitary sewer systems.
(3) 
New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 (RSIS) shall govern all design requirements for this zone, including but not limited to parking, roadways, and pavement, and shall take precedence over anything to the contrary contained in the Land Use and Development Regulations.
H. 
Bulk criteria, single-family homes:
(1) 
Minimum lot area: 14,000 square feet.
(2) 
Minimum lot frontage: 65 feet.
(3) 
Minimum lot depth: 100 feet.
(4) 
Maximum building lot coverage: 20%.
(5) 
Accessory building coverage: 3%.
(6) 
Maximum impervious surface lot coverage: 35%.
(7) 
Minimum front yard setback: 30 feet.
(8) 
Minimum side yard setback: 10 feet.
(9) 
Minimum rear yard setback: 15 feet.
(10) 
Maximum stories/building height: 2.5 stories/35 feet.
I. 
Bulk criteria, age-restricted townhomes:
(1) 
Maximum building tract coverage: 30%.
(2) 
Maximum impervious surface tract coverage: 60% maximum.
(3) 
Minimum front yard setback: 15 feet.
(4) 
Minimum side yard setback: 20 feet.
(5) 
Minimum rear yard setback: 15 feet.
(6) 
Minimum stories/building height: three stories/45 feet.
(7) 
Minimum distance between buildings: 20 feet.
(8) 
Maximum number of dwelling units per building: eight.
[Added 12-6-2023 by Ord. No. 16-2023; amended 7-24-2024 by Ord. No. 8-2024]
A. 
Purpose. The purpose of this AH-12 Zone is to allow for a multifamily project of residential uses that partially addresses the Township's affordable housing obligation. The AH-12 Zone is an inclusionary district permitting a maximum of 147 residential units consistent with the attached concept plan, consisting of 120 market-rate three-story fee simple townhouse units and 27 family affordable three-story condominium stacked townhouse units, which will be a mix of very-low-, low- and moderate-income units (the "project").
B. 
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract, containing the entirety of the inclusionary multifamily development along with all ancillary components. This zone may operate under a technical subdivision provision pursuant to § 140-81 of the Land Use and Development Regulations of the Township of Wall (this "chapter"), which allows the project to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
C. 
Permitted principal uses. In this zone, no premises shall be used, and no structure shall be erected, altered or occupied for any purposes except the following:
(1) 
Townhouses, consisting of a maximum 120 market-rate for-sale fee simple townhouse units and a minimum of 27 family affordable for-sale condominium stacked townhouse units.
D. 
Permitted accessory uses. Accessory uses may provide but shall not be required as a condition of approval:
(1) 
Parking areas consistent with RSIS and electric vehicle charging stations.
(2) 
Exterior amenities and recreational facilities and structures, which include a dog park, a community garden and passive recreation intended to serve the residents.
(3) 
Patios, balconies, decks, porches, and privacy walls intended to serve the residents.
(4) 
Private and public utility structures.
(5) 
Trash and recycling enclosures.
(6) 
Signage. Provisions of the Wall Township sign regulations contained in Article XXIX of this Chapter shall not apply. Instead, the following provisions are applicable in this zone:
(a) 
One main entry sign is permitted and may be illuminated.
(b) 
Main entry sign shall not exceed 15 square feet in area nor eight feet in height.
(c) 
Directional and information signs are permitted, not to exceed five square feet in area and seven feet in height.
(d) 
Minimum setback from property line shall be 10 feet.
(e) 
Minimum distance between main entry signs shall be 40 feet.
(7) 
Stormwater management facilities.
(8) 
Fences and walls.
(9) 
Temporary construction trailers and model homes.
(10) 
Accessory uses customarily incidental to a permitted principal use as approved by the Planning Board.
E. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein, applications for development in this zone shall follow and be subject to the applicable procedures, regulations, standards and guidelines required for preliminary and final site plan and/or subdivision review of this Chapter and other applicable ordinances which are incorporated herein by reference.
F. 
Maximum regulations. Development in the zone shall be subject to the following maximum regulations:
(1) 
Maximum market-rate units: 120 market-rate dwelling units.
(2) 
Impervious surfaces. The maximum total impervious surface shall not exceed 60% of the developable area of the tract.
(3) 
Building coverage. The maximum total lot coverage by buildings shall be 30% of the total area of the tract.
(4) 
Residential units per building. The maximum residential units per building in townhouses shall be six.
(5) 
Principal building length. The maximum principal building length shall not exceed 200 feet. Where two walls intersect at an angle greater than 90°, the maximum building length shall be determined as the sum of both individual wall lengths.
(6) 
Building height. Building height standards shall comply with § 140-197 of this Chapter except as otherwise established in this zone.
(a) 
Each townhouse shall be limited to three stories and 35 feet and shall include the option of a basement. Up to 50% of townhouse units can be constructed with a walk-out basement.
G. 
Minimum regulations. Development in the zone shall be subject to the following minimum regulations:
(1) 
Overall tract requirements:
(a) 
Minimum affordable housing units: 27 for-sale stacked condominium townhouse units.
(b) 
Minimum principal building setback from external tract lines: 50 feet.
(c) 
Minimum principal building setback from external tract lines abutting a residential district or residential use: 50 feet to townhouses.
(d) 
Minimum building setback from parking: 10 feet.
(e) 
Minimum building setback from parking aisles, or internal circulation roadways: 15 feet.
(f) 
Minimum building setback from internal lot lines: zero feet.
(g) 
Minimum accessory building setback from external tract boundary: 50 feet.
(h) 
Minimum distance between principal structures: 35 feet, except it shall be zero feet along an internal lot line.
(i) 
Minimum distance between accessory buildings/structures and between principal and accessory buildings/structures: 15 feet.
(2) 
Parcel requirements for individual townhouse lots:
(a) 
Minimum lot area: 0.05 acre.
(b) 
Minimum lot width: 25 feet.
(c) 
Minimum lot frontage: 25 feet.
(d) 
Minimum lot depth: 90 feet.
(e) 
Minimum setbacks, principal:
[1] 
Front yard setback: 15 feet.
[2] 
Side yard setback: zero feet.
[3] 
Rear yard setback: 15 feet and five feet for townhouses with decks and privacy walls.
(3) 
Open space and recreation areas. The applicant shall provide recreational amenities for townhouse and multifamily residents, including: a dog park, community garden and passive recreation.
H. 
Buffer and landscape areas. Development in the zone shall not be subject to buffer, landscaping and screening requirements of § 140-212 of this Chapter, and the following buffer, landscaping and screening standards shall apply:
(1) 
Buffer location. Except as otherwise permitted by the approving authority, where the overall tract abuts an existing residential use or zone district, a landscaped buffer strip at least 50 feet in width shall be permanently maintained along the property line abutting such zone or use and a four-story structure. For all other structures, the buffer width shall be a minimum of 25 feet. Existing vegetation may serve as the landscaped buffer strip.
(2) 
Buffer areas shall consist of massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreen coniferous trees shall have a minimum height of six feet when planted. Deciduous trees shall have a minimum caliper of three inches when planted. All plant material shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurserymen, Inc.
(3) 
Use of buffer areas. Required buffers shall be used for no other purpose than as a buffer and as a part of the required open space of the tract. The only structures which may be erected within a buffer area are retaining walls, walkways, stormwater management underground piping and structures.
(4) 
Wooded areas. Where an area required for a buffer is already wooded, it may be left in its natural state to create the buffer, and the existing growth shall be supplemented with additional plant material where necessary as required by the approving authority.
(5) 
All mechanical equipment, trash enclosures, and related accessory structures shall be screened from view from adjacent public roadways, residential districts and residential uses.
(6) 
Development in the zone shall not be subject to landscaping and landscape design requirements of Article XXXVII or § 140-278 of this Chapter, and should instead apply the following landscape standards:
(a) 
A landscaping plan prepared by a licensed landscape architect (LLA) licensed in the State of New Jersey. The plan shall be prepared with the following design principles in mind:
[1] 
An overall recurring pattern of plant groupings and material shall be provided throughout the site, integrating the various elements of site design to create pleasing and identifiable site characteristics.
[2] 
Landscaping shall include a plant palette consisting of deciduous and evergreen trees, shrubs, ground cover, perennials and annuals.
[3] 
The use of native, salt-tolerant, deer-resistant material is encouraged. Monocultures of material will not be accepted.
[4] 
Where existing natural growth is proposed to remain, the plans shall include methods, notes and details to protect existing trees and growth during and after construction.
[5] 
Plant species variety shall be selected with consideration given to different colors, textures, shapes, blossoms and foliage and should provide a four-season interest.
[6] 
Landscaping shall be provided in public areas and adjacent to buildings to screen parking areas, mitigate adverse impacts, and provide windbreaks for winter winds and summer cooling for buildings, streets and parking.
[7] 
Plant selection shall be based upon the premise to provide material that will best serve the intended function and use as well as to provide materials appropriate for local soil conditions, water conservation and the environment.
[8] 
The type and amount of plant material shall be varied throughout the development with accent given to site entrances. Consider massing trees at critical points.
[9] 
Consideration shall be given as to the choice and location of plant materials in order to screen or create views, to define boundaries between private and common open space, to minimize noise, to articulate outdoor spaces and define circulation systems.
[10] 
All proposed material shall be drawn to scale to reflect a fifteen- to twenty-year growth. Planting schedules showing common and botanical names, installed and mature sizes and horticultural interest shall be provided along with applicable installation notes and details.
[11] 
Landscaping shall be provided as part of a site plan. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character.
[12] 
All trees shall be guaranteed for a minimum of one year from the time of planting by the applicant against death and disease.
[13] 
Planting specification. Deciduous trees shall be at least three inches caliper at planting and should be balled and burlapped. Size of evergreens should be six feet tall and shrubs two feet tall at planting but may be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and trees, shrubs, and ground cover shall be planted according to accepted horticultural standards. Dead and dying plants shall be replaced during the following planting season.
I. 
Other regulations. Developments in the zone shall be subject to the following regulations, requirements, and standards:
(1) 
All new utility piping, conduits and structures shall be installed underground.
(2) 
All dwelling units shall be served by public water and sanitary sewer systems.
(3) 
Garbage and refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with Article XXXV of the Land Use and Development Regulations. Garbage and refuse collection shall be provided by the Township's Public Works Department.
(4) 
New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 (RSIS) shall govern all design requirements for this zone, including but not limited to parking, roadways, and pavement, and shall take precedence over anything to the contrary contained in the Land Use and Development Regulations. De minimus exceptions to RSIS shall be permitted.
(5) 
Parking. Development in the zone shall not be subject to parking and loading requirements of Article XXVIII and § 140-234 of this Chapter, and should instead apply the following parking requirements:
(a) 
Parking stalls shall be nine feet by 18 feet, and parking aisles shall be at least 24 feet wide. Handicapped accessible spaces shall be eight feet wide with a five-foot aisle or eight feet wide with an eight-foot aisle for van accessible spaces.
(6) 
All detention basins and stormwater management facilities located within the zone shall comply with all applicable regulations under the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and the New Jersey Stormwater Management Act, N.J.A.C. 7:8-1.1 et seq. If any wetlands areas are utilized for stormwater management, the regulations of the New Jersey Department of Environmental Protection shall apply, and any inconsistent provisions of the applicable Wall Township ordinance do not apply. Trees, shrubs, and other vegetation may be planted on the slopes or banks and the floor of detention basins or facilities constructed in fill, provided the landscaping is attractively maintained. All detention and retention basins with permanent dry-weather pools of water shall have a water depth to minimize propagation of mosquitoes and provided with mechanical aeration for water quality.
(7) 
Slopes. Slopes shall be no greater than 3:1, except slopes along a right-of-way, which shall be no steeper than a ratio of 5:1 (horizontal to vertical). Other slopes shall comply with RSIS.
(8) 
Soil removal. Chapter 188, Soil Removal, shall not apply. The provisions of § 140-117 of this Chapter pertaining to the removal of soil shall apply to development in the zone as modified as follows:
(a) 
The provisions of § 140-117A are modified to authorize the Planning Board to issue a soil removal permit for the removal of subsoil as may be necessary to construct the structures approved by the approving authority.
(b) 
The provisions of § 140-117B are modified to authorize the Planning Board to issue a soil removal permit for the removal of soil, sand, or gravel as may be necessary to render the premises suitable for the development for which a site plan or subdivision has been approved.
(9) 
The development shall comply with all applicable building design standards set forth in Article XXXVI, Building Design Standards, § 140-252, of this Chapter, except the following requirements shall replace the building design requirements for this zone:
(a) 
Section 140-252A(3)(d). All basement walls greater than 24 inches above finished grade must be treated to relate properly to the design of the building.
(b) 
Section 140-252B(1). Building facade length shall not exceed 160 feet. The front facade of any structure shall not continue the same plane for a distance of more than the width of two horizontally adjacent townhouse units.
(c) 
Primary building materials shall feature earth-tone colors. For the purposes of this chapter, earth-tone colors are defined as colors that draw from a palette of muted or weathered colors in an emulation of the predominant natural coloration of brown and gray soils, tree bark, leafy vegetation and rocks. The preferred earth tones on buildings shall be tans, beiges, sands, browns, warm grays, and soft greens. In addition, creams, pale peach, pale yellows, soft blues, cool grays, white, off-whites, and soft red colors are also acceptable. Accent colors may be used, provided that they appear as secondary visual elements to the primary materials. Bold, disjointed or recognizable color combinations or color patterns that form a corporate or commercial identity or logo shall be considered a sign for the purposes of this section and shall be prohibited.
(d) 
Retaining walls shall be constructed of durable masonry materials that complement the site design and building architecture.
J. 
Certificates of occupancy.
(1) 
Temporary certificates of occupancy can be issued for portions of the building, including residential dwelling units in a phase, such that portions of one phase can be inhabited provided the Township Engineer has, where applicable, certified to the following:
(a) 
Utilities and drainage. Utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines, shall have been properly installed, and service to the lot, building or use from such utilities shall be available.
(b) 
Circulation and parking. All access and parking areas necessary to provide access to the building or use in question shall have been graded, and all slope-retaining devices or slope planting shall have been installed. Bituminous base course paving and curbing has been properly installed and the number of parking spaces necessary for the units ready for occupancy are completed. Any necessary traffic control or signage required for safety has been installed.
(c) 
Sidewalks. All required sidewalks necessary to provide access to the building or use in question shall have been properly installed.
(d) 
Site grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.
(e) 
Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested, and all required fire hydrants or fire connections shall have been installed and tested and approved.
(2) 
Certificates of occupancy shall be issued to allow the project to be developed in multiple construction phases, including issuance of temporary certificates of occupancy for portions of a phase.
K. 
Affordable housing development requirements.
(1) 
Townhouse affordable obligation. The configuration (unit size and affordability levels) of the 27 affordable stacked townhouse condominium units shall be designed and completed in accordance with the Township's Affordable Housing Ordinance, the Township's Housing Element and Fair Share Plan, the Fair Housing Act (FHA),[1] the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) (UHAC) and Prior Round Council on Affordable Housing (COAH) regulations (N.J.A.C. 5:93-1.1 et seq.) as follows:
(a) 
Deed Restriction Period: The developer shall have an obligation to deed restrict the affordable units in the project as very-low-, low- or moderate-income affordable units for a period of at least 30 years from the date the initial certificate of occupancy is issued for each affordable unit (the "deed restriction period"), so that the Township may count each affordable unit against its obligation to provide family affordable housing. The affordable units shall be subject to the deed restriction period, unless and until the Township, in accordance with applicable law, releases the controls on affordability.
(b) 
Deed Restriction: The developer shall execute and record a deed restriction in a form not inconsistent with the prevailing UHAC regulations and approved by the Township before the first certificate of occupancy is issued for the inclusionary development. The deed restriction will be recorded in the Monmouth County Clerk's office.
(c) 
Income Distribution Requirements: The affordable dwelling units shall be split between very-low-, low-, and moderate-income units and low-income units. Pursuant to N.J.S.A. 52:27D-329.1, no less than 13% of the affordable housing units of each bedroom type shall be reserved as very-low-income housing units, as such term is defined in N.J.S.A. 52:27D-304 and the UHAC. No less than 50% of the affordable housing units of each bedroom type shall be available as low-income housing units (with very-low-income units counting as low-income units) and no less than 50% of the affordable housing units of each bedroom type shall be available as moderate-income housing units, as such terms are defined in N.J.S.A. 52:27D-304 and the UHAC.
(d) 
Bedroom Mix: All affordable units shall be subject to the bedroom distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor regulation. All new construction affordable housing units shall be adaptable in conformance with N.J.S.A. 52:27D-311a and 52:27D-311b, and all other applicable laws. At least 20% of the affordable units in the project shall be three-bedroom units, but not more than 20% of the affordable units in each project shall be efficiency and one-bedroom units, and at least 30% of the affordable units in the project shall be two-bedroom units. The balance of two- or three-bedroom units shall be at the discretion of the developer.
(e) 
Other affordable housing unit requirements. The developer will also comply with all of the other requirements of UHAC and the Township's Affordable Housing Ordinance, including, but not limited to: 1) affirmative marketing requirements, and 2) candidate qualification and screening requirements.
(f) 
The developer will work with the Township to ensure that all of the affordable units in the project are creditworthy under the specific requirements described in this section and in the developer's agreement between the Township and the developer.
(g) 
Administrative agent. The developer and/or its affiliate may elect, in its sole discretion, to serve as the administrative agent for the affordable units. Unless the developer elects to serve as the administrative agent for the affordable units, the developer shall contract with a qualified and experienced third-party administrative agent, which may be the Township's administrative agent, for the administration of the affordable units and shall have the obligation to pay all costs associated with properly deed restricting the affordable units in accordance with this agreement for the deed restriction period, and shall work with the developer's and the Township's administrative agent regarding any affordable housing monitoring requirements imposed by COAH or the Court. In that event, the developer shall provide, within 30 days after the written notice, detailed information reasonably requested by the Township or the Township's administrative agent concerning the developer's compliance with UHAC, the Township's Affordable Housing Ordinance, the Township's Amended Affordable Housing Plan, all applicable Court orders (including the Township's JOR Order), and other applicable laws.
(h) 
In addition, construction phasing of the project shall be in the accordance with COAH Prior Round Phasing Regulation [N.J.A.C. 5:93-5.6(d)]. The following table illustrates the benchmarks that must be achieved in the development of the affordable housing in order to develop the project.
Minimum Percentage of Affordable Units Completed
Percentage of Market-Rate Units Completed
0
25
10
25 + 1 unit
50
50
75
75
100
90
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(2) 
Any development within the zone shall be subject to the provisions of N.J.A.C. 5:93-10.1 and 5:93-10.2, which set forth limitations on application requirements and provide a standard of review for the Planning Board for necessary variances or deviations necessary to accomplish the intent of this section.
(3) 
In accordance with § 140-283 (Affordable housing development fee), the entire zone qualifies as an affordable housing development, as defined in § 140-283 (including without limitation, retail, commercial, and mixed uses), and shall be exempt from the payment of any development fee in accordance with N.J.S.A. 52:27D-329.2, the Statewide Non-residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7, and as specified in the Form N-RDF, State of New Jersey Non-Residential Development Certification/Exemption form. To the extent any fee is required under N.J.S.A. 52:27D-329.2, the developer shall pay 1/2 of the fee upon issuance of the building permit, and the remaining amount due shall be paid before issuance of the certificate of occupancy.
[Added 12-6-2023 by Ord. No. 16-2023]
A. 
Purpose. The purpose of this AH-13 Zone is to allow for a multifamily project that partially addresses the Township's affordable housing obligation by allowing a 100% affordable, noninclusionary development of no less than 56 rental apartments, six one-bedroom supportive and special needs bedrooms and four two-bedroom supportive and special needs affordable to very-low-, low- and moderate-income households and accessory uses described herein that will deliver a total of 66 units and 70 affordable housing credits for the Township.
B. 
Relationship between the overall tract and subdivided parcels. This Zone may operate under a technical subdivision provision pursuant to § 140-81 of the Land Use and Development Regulations of the Township of Wall (this "chapter"), which allows the project to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
C. 
Permitted principal uses. In this Zone, no premises shall be used, and no structure shall be erected, altered or occupied for any purposes except the following:
(1) 
Multifamily apartments.
(2) 
Supportive and special needs units.
D. 
Permitted accessory uses. Accessory uses may provide but shall not be required as a condition of approval:
(1) 
Parking areas and electric vehicle charging stations.
(2) 
Interior amenities, including, but not limited to: community room, wellness and health room(s), library, meeting rooms, lobbies, laundry areas, mail centers, fitness rooms, and other traditional ancillary spaces intended to serve the residents.
(3) 
Interior accessory spaces including but not limited to: management and leasing offices, maintenance areas, and other traditional ancillary spaces intended to serve the management and operations of the development.
(4) 
Exterior amenities and recreational facilities and structures including but not limited to open space, gathering space, bicycle parking, benches and walkways intended to serve the residents.
(5) 
Patios, balconies, and porches intended to serve the residents.
(6) 
Community garden, greenhouse, and garden shed intended to serve the residents.
(7) 
Private and public utility structures, including standby generators intended to serve the residents.
(8) 
Trash and recycling enclosures intended to serve the residents.
(9) 
Signage. Provisions of the Wall Township Sign regulations contained in Article XXIX of this chapter shall not apply. Instead, the following provisions are applicable in this Zone:
(a) 
One main entry sign is permitted and may be illuminated.
(b) 
Main entry sign shall not exceed 15 square feet in area nor six feet in height and minimum setback of five feet from property line.
(c) 
Directional and information signs are permitted, not to exceed five square feet in area limited to seven feet in height.
(10) 
Stormwater management facilities.
(11) 
Fences and walls.
(12) 
Utility shed for equipment storage.
(13) 
Temporary construction trailers.
(14) 
Accessory uses customarily incidental to a permitted principal use as approved by the Planning Board.
E. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein, applications for development in this Zone shall follow and be subject to the applicable procedures, regulations, standards and guidelines required for preliminary and final site plan and/or subdivision review of this chapter and other applicable ordinances which are incorporated herein by reference.
F. 
Maximum regulations. Development in the Zone shall be subject to the following maximum regulations:
(1) 
Impervious surfaces. The maximum total impervious surface shall not exceed 60% of the developable area of the tract.
(2) 
Building coverage. The maximum total lot coverage by buildings shall be 30% of the total area of the tract.
(3) 
Principal building length. The maximum principal building length for multifamily buildings shall be 120 feet.
(4) 
Building height. Building height standards shall comply with § 140-197 of this chapter except as otherwise established in this Zone.
(a) 
Each multifamily building shall be a maximum of three stories and 40 feet as measured from the average proposed finished grade at each building corner to the mid-point of the roof. However, multifamily buildings shall be a maximum of four stories and 50 feet as measured from the average proposed finished grade at each building corner to the mid-point of the roof provided the buildings are located a minimum of 125 feet from the Wyckoff Road Right-of-Way and 60 feet from the Megill Road Right-of-Way.
(b) 
Height limitations in this zone may be exceeded by not more than 10 feet by architectural appurtenances and enhancements such as pediments, parapets, walls, turrets or cornices; rooftop equipment such as skylights, heating and air-conditioning equipment and ventilators; chimneys, stair or elevator towers, or noncommercial radio and television antennas or lightning rods; and further provided that the cumulative total of such facilities shall not cover more than 15% of the building roof area. Height limitations for architectural appurtenances such as spires, belfries, cupolas, domes or similar structures shall be permitted to exceed the height limitations herein by not more than 10 feet.
G. 
Minimum regulations. Development in the Zone shall be subject to the following minimum regulations:
(1) 
Overall tract requirements for multifamily developments:
(a) 
Residential rental units: minimum of 66 family rental units.
(b) 
Minimum principal building setback from external tract lines: 50 feet.
(c) 
Minimum building setback from parking, parking aisles and designated dropoff areas: 10 feet.
(d) 
Minimum building setback from internal circulation roadways: 15 feet.
(e) 
Minimum building setback from internal lot lines: zero feet.
(f) 
Minimum accessory building setback from external tract boundary: 50 feet.
(g) 
Minimum accessory building setback from parking: eight feet.
(h) 
Minimum accessory building setback from principal buildings: 10 feet.
(i) 
Minimum distance between principal structures: 35 feet, except it shall be zero feet along an internal lot line.
(j) 
Minimum distance between principal structures and accessory structures: 10 feet.
H. 
Buffer and landscape areas. Development in the Zone shall not be subject to buffer, landscaping and screening requirements of § 140-212 of this chapter and the following buffer, landscaping and screening standards shall apply:
(1) 
Buffer location. Except as otherwise permitted by the approving authority, where the overall tract abuts an existing residential use or zone district, a landscaped buffer strip at least 50 feet in width shall be permanently maintained along the property line abutting such zone or use and a four-story structure. For all other structures the buffer width shall be a minimum of 25 feet. Existing vegetation may serve as the landscaped buffer strip.
(2) 
Buffer areas shall consist of massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreen coniferous trees shall have a minimum height of six feet when planted. Deciduous trees shall have a minimum caliper of three inches when planted. All plant material shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurseryman, Inc.
(3) 
Use of buffer areas. Required buffers shall be used for no other purpose than as a buffer and as a part of the required open space of the tract. The only structures which may be erected within a buffer area are retaining walls, walkways, and ingress or egress drives.
(4) 
Wooded areas. Where an area required for a buffer is already wooded, it may be left in its natural state to create the buffer, and the existing growth shall be supplemented with additional plant material where necessary as required by the approving authority.
(5) 
All mechanical equipment, trash enclosures, and related accessory structures shall be screened from view from adjacent public roadways, residential districts and residential uses.
(6) 
Development in the Zone shall not be subject to landscaping and landscape design requirements of Article XXXVII or § 140-278 of this chapter, and should instead apply the following landscape standards:
(a) 
A landscaping plan prepared by a licensed landscape architect (LLA) licensed in the State of New Jersey. The plan shall be prepared with the following design principles in mind:
[1] 
An overall recurring pattern of plant groupings and material shall be provided throughout the site, integrating the various elements of site design to create pleasing and identifiable site characteristics.
[2] 
Landscaping shall include a plant palette consisting of deciduous and evergreen trees, shrubs, ground cover, perennials and annuals.
[3] 
The use of native, salt-tolerant, deer-resistant material is encouraged. Monocultures of material will not be accepted.
[4] 
Where existing natural growth is proposed to remain, the plans shall include methods, notes and details to protect existing trees and growth during and after construction.
[5] 
Plant species variety shall be selected with consideration given to different colors, textures, shapes, blossoms and foliage and should provide a four-season interest.
[6] 
Landscaping shall be provided in public areas and adjacent to buildings to screen parking areas, mitigate adverse impacts, and provide windbreaks for winter winds and summer cooling for buildings, streets and parking.
[7] 
Plant selection shall be based upon the premise to provide material that will best serve the intended function and use as well as to provide materials appropriate for local soil conditions, water conservation and the environment.
[8] 
The type and amount of plant material shall be varied throughout the development with accent given to site entrances. Consider massing trees at critical points.
[9] 
Consideration shall be given as to the choice and location of plant materials in order to screen or create views, to define boundaries between private and common open space, to minimize noise, to articulate outdoor spaces and define circulation systems.
[10] 
All proposed material shall be drawn to scale to reflect a fifteen- to twenty-year growth. Planting schedules showing common and botanical names, installed and mature sizes and horticultural interest shall be provided along with applicable installation notes and details.
[11] 
Landscaping shall be provided as part of a site plan. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character.
[12] 
All trees shall be guaranteed for a minimum of one year from the time of planting by the applicant against death and disease.
[13] 
Planting specification. Deciduous trees shall be at least three inches caliper at planting and should be balled and burlapped. Size of evergreens should be six feet tall and shrubs two feet tall at planting but may be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and trees, shrubs, and ground cover shall be planted according to accepted horticultural standards. Dead and dying plants shall be replaced during the following planting season.
I. 
Other regulations. Developments in the Zone shall be subject to the following regulations, requirements, and standards:
(1) 
All new utility piping, conduits and structures shall be installed underground.
(2) 
All dwelling units shall be served by public water and sanitary sewer systems.
(3) 
Garbage refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with Article XXXV of the Land Use and Development Regulations, except that no individual dwelling unit shall be required to contain recycling or refuse storage.
(4) 
New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21 (RSIS) shall govern all design requirements for this Zone, including, but not limited to, parking, roadways, pavement, and shall take precedence over anything to the contrary contained in the Land Use and Development Regulations. De minimus exceptions to RSIS shall be permitted.
(5) 
Notwithstanding anything to the contrary either in the Land Development Regulations or RSIS, sidewalks may be provided but are not required along the property frontage. Where sidewalks are provided, they shall be at least four feet wide and five feet six inches wide when adjacent to parking.
(6) 
Parking. Development in the Zone shall not be subject to parking and loading requirements of Article XXVIII and § 140-234 of this chapter and should instead apply the following parking requirements:
(a) 
Parking stalls shall be nine feet by 18 feet and parking aisles shall be at least 24 feet wide. Handicapped accessible spaces shall be eight feet wide with a five-foot aisle or eight feet wide with an eight-foot aisle for van accessible spaces.
(7) 
All detention basins and stormwater management facilities located within the Zone shall comply with all applicable regulations under the Flood Hazard Control Act, N.J.S.A. 58: 16A-50 et seq., and the New Jersey Stormwater Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas are utilized for stormwater management, the regulations of the New Jersey Department of Environmental Protection shall apply, and any inconsistent provisions of the applicable Wall Township ordinance does not apply. Trees, shrubs, and other vegetation may be planted on the slopes or banks and the floor of detention basins or facilities constructed in fill, provided the landscaping is attractively maintained. All detention and retention basins with permanent dry-weather pools of water shall have a water depth to minimize propagation of mosquitoes and provided with mechanical aeration for water quality.
(8) 
Slopes. Slopes shall be no greater than 3:1, except slopes along a right-of-way, which shall be no steeper than a ratio of 5:1 (horizontal to vertical). Other slopes shall comply with RSIS.
(9) 
Soil removal. Chapter 188, Soil Removal, shall not apply. The provisions of § 140-117 of this chapter pertaining to the removal of soil shall apply to development in the Zone as modified as follows:
(a) 
The provisions of § 140-117A are modified to authorize the Planning Board to issue a soil removal permit for the removal of subsoil as may be necessary to construct the structures approved by the approving authority.
(b) 
The provisions of § 140-117B are modified to authorize the Planning Board to issue a soil removal permit for the removal of soil, sand, or gravel as may be necessary to render the premises suitable for the development, for which a site plan or subdivision has been approved.
(10) 
Section 140-252 Building Design Requirements of this chapter shall be replaced with the following requirements for this Zone:
(a) 
All buildings shall be located with proper consideration of their orientation and relationship to other buildings in the Zone, both existing and proposed in terms of light, air and usable open space, access to public right-of-way and off-street parking; height and bulk; drainage and existing topography; trees and vegetation; and other natural features and land forms.
(b) 
(Reserved)
(c) 
Elevators, vestibules and corridors of new buildings shall be designed so as to accommodate the gurneys used by the Township Emergency Services Department and the Township's volunteer first-aid squads.
(d) 
New building construction shall be required to incorporate any communications equipment necessary to insure the proper operation of the mobile communications equipment utilized by the Police Department, such as satellite receivers or frequency enhancers, as determined by the Chief of Police or his designate.
(e) 
Exterior appearance and treatment.
[1] 
All major entrances to buildings shall be properly identified with architectural elements such as recessed entranceways, projected overhangs, and porticoes.
[2] 
Window and door openings shall include appropriate trim and either recesses or overhangs to promote a harmonious variety of light and shade on the facade of the building.
[3] 
Appurtenances such as, but not limited to, tanks, condenser units and other equipment shall be fully screened from view.
[4] 
All roof planes or caps meeting the exterior facade shall have overhangs or appropriate cornice and trim details.
[5] 
Buildings shall be designed to be attractive from all vantage points, including fences, storage areas and rear entrances.
[6] 
Colors, materials and finishes shall be coordinated in all exterior elevations of buildings within the Zone to achieve continuity of expression.
[7] 
Exterior materials shall include appropriate texture and trim to prevent large undifferentiated facades of the same material.
[8] 
The entrance and exit access drives shall be combined in one location, if possible, and the entrance and exit approaches shall be separated by a decorative, landscaped island that shall be planted with year-round and seasonal plantings to enhance the appearance of the property's frontage.
[9] 
All buildings shall provide architectural elements such as balconies, wall articulations and roofline variations.
[10] 
Facades shall be articulated with horizontal divisions to reflect the traditional building elements of cap, wall and base. The cap shall feature either pitched roofs or articulated cornices and a change of color and material. The wall may include a horizontal division for the top of the ground story. Architectural divisions shall have sufficient reveal to promote shadows on the facade of the building.
[11] 
Primary building materials shall feature earth-tone colors. For the purposes of this chapter, earth-tone colors are defined as colors that draw from a palette of muted or weathered colors in an emulation of the predominant natural coloration of brown and gray soils, tree bark, leafy vegetation and rocks. The preferred earth tones on buildings shall be tans, beiges, sands, browns, warm grays, and soft greens. In addition, creams, pale peach, pale yellows, soft blues, cool grays, white, off-whites, and soft red colors are also acceptable. Accent colors may be used, provided that they appear as secondary visual elements to the primary materials. Bold, disjointed or recognizable color combinations or color patterns that form a corporate or commercial identity or logo shall be considered a sign for the purposes of this section and shall be prohibited.
[12] 
Retaining walls shall be constructed of durable masonry materials that complement the site design and building architecture.
(f) 
Lighting. Development in the Zone shall not be subject to lighting requirements of Article XXXVIII or § 140-213 of this chapter, and should instead apply the following lighting standards:
[1] 
All outdoor lighting shall be aimed, located, designed, fitted and maintained so as not to present a disabling glare hazard to drivers or a nuisance to neighboring properties.
[2] 
Lighting shall be controlled by automatic switching devices, such as timers, motion detectors, and/or photocells, to extinguish potentially offending, nonessential light sources overnight, to minimize glare and sky-lighting impacts.
[3] 
Glare shall be controlled through the use of sharp cutoff fixtures, the appropriate application of mounting height, wattage, aiming, fixture placement, and fixture design, etc., and the addition of shields and baffles as necessary.
[4] 
Applicants shall use fixtures to complement the building architecture. Pole-mounted lights shall be a maximum of 20 feet tall. Floodlights and spotlights shall not be permitted.
J. 
Certificates of occupancy.
(1) 
Temporary certificates of occupancy can be issued for portions of the building, including residential dwelling units in a phase, such that portions of one phase can be inhabited provided the Township Engineer has, where applicable, certified to the following:
(a) 
Utilities and drainage. Utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed, and service to the lot, building or use from such utilities shall be available.
(b) 
Circulation and parking. All access and parking areas necessary to provide access to the building or use in question shall have been graded and all slope-retaining devices or slope planting shall have been installed. Bituminous base course paving and curbing has been properly installed and the number of parking spaces necessary for the units ready for occupancy are completed. Any necessary traffic control or signage required for safety has been installed.
(c) 
Sidewalks. All required sidewalks necessary to provide access to building or use in question shall have been properly installed.
(d) 
Site grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.
(e) 
Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved.
(2) 
Certificates of occupancy shall be issued to allow the project to be developed in multiple construction phases, including issuance of temporary certificates of occupancy for portions of a phase.
K. 
Affordable housing development requirements.
(1) 
All affordable units shall be subject to deed restrictions on income limits for a period of not less than 30 years from the date that a certificate of occupancy has been initially issued for each of the affordable units. If this project is financed with low income housing tax credits, then the HMFA required deed restriction shall be provided.
(2) 
The affordable dwelling units shall be split between very-low-, low-income and moderate-income units as follows: at least 50% of such units within each bedroom distribution shall be low-income units (as such term is defined in UHAC) and the remainder may be moderate-income units (as such term is defined in UHAC). Further, pursuant to N.J.S.A. 52:27D-329.1, no less than 13% of the affordable housing units of each bedroom type shall be reserved as very low-income housing units, as such term is defined in N.J.S.A. 52:27D-304 and UHAC.
(a) 
In the event that an equal split of the affordable dwelling units between moderate- and low-income units results in a fraction of a unit, the additional unit shall be reserved for low-income households.
(b) 
All family affordable units shall be subject to the bedroom distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor regulation. All new construction affordable housing units shall be adaptable in conformance with N.J.S.A. 52:27D-311a through 311b, P.L. 2005, c. 350, and all other applicable laws.
(3) 
In addition to the above, the configuration (unit size and affordability levels) of the 66 affordable housing units shall be designed and completed in accordance with the Township's Affordable Housing Ordinance, the Township's Housing Element and Fair Share Plan, the Fair Housing Act (FHA), the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) (UHAC) and Prior Round Council on Affordable Housing (COAH) regulations (N.J.A.C. 5:93-1.1, et seq.)[1] as follows:
(a) 
Deed restriction period. The developer shall have an obligation to deed restrict the affordable units in the project as very-low-, low- or moderate-income affordable units for a period of at least 30 years from the date the initial certificate of occupancy is issued for each affordable unit (the "deed-restriction period"), so that the Township may count each affordable unit against its obligation to provide family rental affordable housing. The affordable units shall be subject to the deed restriction period, unless and until the Township, in accordance with applicable law, extends or releases the controls on affordability. If the Township should choose not to extend the controls and takes action to release the controls, the affordability controls shall remain in effect until the date on which a rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the end of 30 years after the date of initial occupancy, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days.
(b) 
Deed restriction. The developer shall execute and record a deed restriction in a form not inconsistent with the prevailing UHAC regulations and approved by the Township before the first certificate of occupancy is issued for the project. The deed restriction will be recorded in the Monmouth County Clerk's office.
(c) 
Other affordable housing unit requirements. The developer will also comply with the following requirements of UHAC and the Township's Affordable Housing Ordinance as necessary to ensure the Township can claim the affordable units as credits against its affordable housing obligation 1) affirmative marketing requirements, and 2) candidate qualification and screening requirements.
(d) 
Although projects receiving federal low income housing tax credits from the HMFA are not required to comply with UHAC requirements, the developer will work with the Township to ensure that all of the affordable units in the project are creditworthy and in accordance with the developer's agreement between the Township and the developer.
(e) 
Administrative agent. The developer and/or its affiliate may elect, in its sole discretion, to serve as the administrative agent for the affordable units. Unless the developer elects to serve as the administrative agent for the affordable units, the developer shall contract with a qualified and experienced third-party administrative agent, which may be the Township's administrative agent, for the administration of the affordable units and shall have the obligation to pay all costs associated with properly deed restricting the affordable units in accordance with this agreement for the deed-restriction period, and shall work with the developer's and the Township's administrative agent regarding any affordable housing monitoring requirements imposed by COAH or the Court. In that event, the developer shall provide, within 30 days after the written notice, detailed information reasonably requested by the Township or the Township's administrative agent concerning the developer's compliance with UHAC, the Township's Affordable Housing Ordinance, the Township's Amended Affordable Housing Plan, all applicable Court orders (including the Township's JOR Order), and other applicable laws.
[1]
Editor's Note: N.J.A.C. 5:93 et seq. expired 10-16-2016.
(4) 
Any development within the Zone shall be subject to the provisions of N.J.A.C. 5:93-10.1 and 10.2 which set forth limitations on application requirements and provide a standard of review for the Planning Board for necessary variances or deviations necessary to accomplish the intent of this section.
(5) 
In accordance with § 140-283 (Affordable housing development fee Ordinance), the entire Zone qualifies as an "Affordable Housing Development" as defined in Section 140-283 (including without limitation, retail, commercial, and mixed-uses), and shall be exempt from the payment of any development fee in accordance with N.J.S.A. 52:27D-329.2, the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), and as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" form. To the extent any fee is required under N.J.S.A. 52:27D-329.2, the developer shall pay one half of the fee upon issuance of the building permit, and the remaining amount due shall be paid before issuance of the certificate of occupancy.
[Added 12-4-2024 by Ord. No. 17-2024]
A. 
Purpose. The Affordable Care Overlay District consists of Block 745, Lots 4.01 and 16. The purpose of this zone is to allow for the development of an assisted living facility, inclusive of memory care services, and a skilled nursing facility. In partial fulfillment of Wall Township's Housing Element and Fair Share Plan, the facility on these lots shall address a portion of the Township's affordable housing obligation. Ten percent of the beds provided with the assisted living facility will be Medicaid eligible.
B. 
Definitions.
ASSISTED LIVING FACILITY
A facility which is licensed by the State of New Jersey to provide housing and congregate dining and to assure that assisted living services are available when needed for 50 or more adult persons unrelated to the proprietor, with no more than two persons per unit, such persons either being related or consensual as to the living arrangement. The individual residential units shall offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable entrance door. (1997 NAICS Code 62331).
MEMORY CARE
A facility that specifically treats individuals that have been diagnosed with dementia and are experiencing either early stage or later stages of the condition. (1997 NAICS Code 623110)
SKILLED NURSING/LONG TERM CARE
An institution or a part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the facility operators or its members by marriage, blood, or adoption. (1997 NAICS Code 623110).
C. 
Minimum tract size. The AHC District shall have a total gross contiguous area of not less than 10 acres at the time of the adoption of this section.
D. 
Permitted principal uses.
(1) 
A maximum of 315 beds shall be permitted for the following uses. A minimum of 10% of the assisted living beds shall be Medicaid eligible:
(a) 
Assisted living (1997 NAICS Code 62331).
(b) 
Memory care services (1997 NAICS Code 62331).
(c) 
Skilled nursing/long-term care (1997 NAICS Code 623110).
(2) 
A combination of the principal permitted uses. No more than two principal buildings shall be permitted within the AHC District. The principally permitted uses in the AHC District shall be considered residential uses.
E. 
Permitted accessory uses.
(1) 
Common parking areas.
(2) 
Courtyards.
(3) 
Fences and walls.
(4) 
Retaining walls.
(5) 
Stormwater basins and structures.
(6) 
Maintenance and/or storage building to serve the overall facility.
(7) 
Common trash enclosures.
(8) 
Common emergency generators.
(9) 
Decks, patios, gazebos, terraces, and screened porches as shown on the approved site plan.
(10) 
Gardens.
(11) 
Outdoor recreation, such as shuffleboard or bocci.
(12) 
The following accessory uses are permitted provided they are within a principal structure:
(a) 
Laundry rooms.
(b) 
Day rooms.
(c) 
Theater.
(d) 
Wellness/fitness room.
(e) 
Mail rooms.
(f) 
Administrative offices.
(g) 
Medication storage rooms.
(h) 
Dining rooms.
(i) 
Barber/beauty salon.
(j) 
Kitchens for the preparation of meals for the resident population.
(k) 
Multipurpose rooms.
(l) 
Ice cream parlor for resident use.
(m) 
Sitting rooms.
(13) 
Rooftop master television antenna system and/or cable television antenna/reception facilities otherwise in compliance with the height requirements in Chapter 140.
(14) 
Such other customary accessory uses and structures as may be permitted by the Planning Board.
F. 
Compliance with site plan standards, subdivision standards and regulations. Unless provided to the contrary herein, applications for developments in the AHC Zone shall follow and be subject to the applicable procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review of this chapter and other applicable ordinances which are incorporated herein by reference.
G. 
For purposes of the AHC, NJ State Highway Route 138 and New Bedford Road shall be considered front yards. The southern property line shall be considered the rear property line. All other property lines shall be considered side yards.
H. 
Bulk standards.
(1) 
Minimum lot frontage: 250 feet.
(2) 
Minimum lot width: 250 feet.
(3) 
Minimum lot depth: 250 feet (measured from NJ Highway Route 138).
(4) 
Principal building setbacks:
(a) 
Minimum front yard setback: 50 feet.
(b) 
Minimum side yard setback: 50 feet.
(c) 
Minimum rear yard: 100 feet.
(d) 
Maximum building height: 45 feet/three stories.
(5) 
Maximum building coverage: 20%.
(6) 
Maximum impervious coverage: 45%.
(7) 
Accessory use or structure setbacks (other than parking — see Subsection I(4) for parking standards):
(a) 
Accessory structures shall only be permitted in a side or rear yard, with the exception of retaining walls, fences, and stormwater management basins, which shall be permitted in any yard.
(b) 
Side yard setback: 50 feet.
(c) 
Rear yard setback: 50 feet.
(d) 
Maximum building height: 20 feet.
(e) 
Front yard setback: 25 feet.
I. 
Off-street parking.
(1) 
Minimum number of parking stalls shall be provided per § 140-216 "Convalescent, rest or nursing home."
(2) 
Electric vehicle supply/service equipment as required pursuant to NJSA 40:55d-1 et seq.
(3) 
Off-street parking shall be permitted within a front yard.
(4) 
Bulk standards.
(a) 
Minimum parking setback from front property line: 7.5 feet.
(b) 
Minimum parking setback from side property line: 15 feet.
(c) 
Minimum parking setback from rear property line: 50 feet.
(d) 
Minimum parking space dimensions: 9' x 19'.
(e) 
Minimum parking lot aisle width (Two-way): 25 feet.
J. 
Buffer and landscape areas. Landscaped buffer strips shall be permanently maintained in accordance with the following regulations. The buffer area may be included in required setback areas and may include wetlands or wetland transition areas:
(1) 
The required buffers shall be maintained as set forth in § 140-212 except as follows:
(a) 
A nonconforming parking area within an existing buffer may be altered, repaired, enlarged, or extended, provided that the enlargement or extension does not project any farther than the existing parking spaces beyond a required buffer line or create any new setback violations.
(b) 
A new parking area may encroach into a required side yard buffer area to within 15 feet provided a berm, fencing, or landscaping is provided within in the Buffer. Where an area required for a buffer is already wooded, it shall be left in its natural state, and the existing growth shall be supplemented with additional plant material where necessary.
(2) 
Use of buffer areas. Required buffers shall be used for no purpose other than as a buffer and as part of the required open space of the tract. The only structures which may be erected within a buffer area are fences, retaining walls, underground stormwater management basins and structures, and berms as elsewhere regulated in this chapter and required utilities. Existing stormwater management basins encroaching into buffers shall not be expanded within the buffer. Any modifications to such existing basins shall be limited to the portions of the basins located outside the buffer. All nonpaved areas shall be suitably landscaped with trees, shrubs, grass, ground covers, and other landscaping materials.
K. 
Signage.
(1) 
Signage shall follow the standards associated §§ 140-226 and 140-227 of the Wall Township Land Use Ordinance.
(2) 
Two freestanding ground signs shall be permitted in the AHC; one along NJ State Highway Route 138 and one along New Bedford Road. Freestanding ground signs shall follow standards outlined in § 140-227 of the Wall Township Land Use Ordinance but shall not be illuminated between the hours of 11:00 PM and 7:00 AM.
L. 
Affordable housing development requirements. Development in the AHC zone shall be in compliance with Article XLI, Affordable Housing Regulations, of the Wall Township Ordinance.