Borough of Milford, NJ Article XVII Redevelopment Area - 1 (RA-1) Overlay Zone

[Added 4-1-2019 by Ord. No. 894-2019]

§ 190-146 Purpose.

The primary purpose of the redevelopment plan is to provide for a comprehensive, integrated planned development consisting of the following elements:

A. Development of the southern 21 acres of the site as a mix of residential and nonresidential development providing tax ratables lost to the Borough with the closure of the former paper manufacturing facility;

B. A new residential neighborhood in keeping with the village quality of the Borough, to be located on the southern end of the site, south of the Hakihokake Creek, with townhouse and multifamily residential dwellings surrounded by neighborhood greenways;

C. Two medical and professional office buildings on the eastern portion of the site along Frenchtown Road (Route 619);

D. An assisted living facility for local and surrounding residents along Frenchtown Road south of the office buildings;

E. Maintenance of the area north of the Hakihokake Creek as an open space and passive recreation area;

F. Public access to the Delaware River waterfront with pedestrian trails and a limited-scale public portage;

G. A series of trails providing linkages to a regional trail network and to existing pedestrian pathways in the Borough;

H. Passive recreation areas located between the residential dwellings and the Delaware River with integrated stormwater management facilities;

I. An aesthetically pleasing gateway treatment and streetscape along Frenchtown Road;

J. An extension of the existing roadway grid to create a subnetwork of streets to provide circulation and access alternatives.

§ 190-147 Permitted principal uses.

The following types of uses shall be principal permitted uses within the Curtis Paper Mill Redevelopment Area:

A. Townhouse residential dwellings;

B. Multifamily residential dwellings;

C. Assisted living;

D. Medical office;

E. Professional office;

F. Passive recreation trails and areas.

§ 190-148 Permitted accessory uses.

Permitted accessory uses allowed in the Curtis Paper Mill Redevelopment Area include the following:

A. Off-street parking;

B. Decks, balconies and porches;

C. Fences and walls;

D. Ancillary recreation elements, such as a swimming pool, tennis courts and other similar uses, to only serve the residents of a complex;

E. Trash enclosures;

F. Signs;

G. Outdoor lighting.

§ 190-149 Area and bulk requirements.

The area and bulk requirements for the uses allowed in the Redevelopment Area - 1 Overlay (RA-1) Zone are set forth below. The area and bulk regulations of the underlying I Industrial Zone shall remain in full force and effect for development pursued in accordance with the underlying Industrial uses.

Requirement	Townhouse	Multifamily	Assisted Living	Office
Maximum number of units	48	72	100	—
Setback from Frenchtown Road (feet)	150	150	50	50
Front yard setback from a public street to building front or side facade (feet)	25	25	25	40
Front yard setback from a public street to all other facades (feet)	50	50	—	—
Minimum setback from private internal roadway (feet)	20	20	—	—
Minimum setback from building to building facade (feet)	60	60	60	40
Maximum building height (feet/stories)	38/3	42/3	35/2	35/1
Accessory building setback from a public street (feet)	25	—	—	—
Accessory building setback from private internal roadway (feet)	15	—	—	—

§ 190-150 Residential development.

Residential development shall emulate characteristics of townhouse and multifamily style development within the immediate Milford area and shall also include assisted living for aging populations to remain in the area. The proposed design of the residential development should support a pedestrian-friendly environment and a gradual transition in housing type from the traditional detached single-family residential development pattern along Delaware Avenue on to a townhouse and multifamily form development pattern. The area shall be further supplemented by an assisted living facility at the southernmost end of the redevelopment area. Sidewalks and paths shall be provided throughout the entire redevelopment area to encourage pedestrian connections through the neighborhood and to various trails and pedestrian linkages surrounding the site. The visual character of the site stems from the relationship of roadway width, setbacks, side yards and the decorative layering of planting of front yards with plantings. The continuity of the residential corridors is dependent on adequate minimum front yard and side yard setbacks. Townhouse garages are prohibited from directly accessing adjacent public streets in order to minimize curb cuts and maintain a safe and pleasing streetscape.

A. Density limitation. As noted above, the redevelopment plan contemplates a total of 48 townhouse dwellings, 72 multifamily dwellings and a 100-unit assisted living facility. The 120 townhouse and multifamily units represents a gross density of 1.64 units per acre based on a gross tract size of 73.33 acres, and it equates to 5.71 units per acre based on a net developable area of 21 acres. The 100-unit assisted living facility is not calculated within these density limitations.

B. Mandatory affordable housing set-aside requirements. The mandatory affordable housing set-aside for rental developments shall be 15%, and the mandatory affordable housing set aside for for-sale developments shall be 20%. The mandatory set-aside for assisted living units shall be 10%. The affordable units in the multifamily and townhome developments are family units.

C. Affordability requirements. In accordance with the court order of approval on January 15, 2019, following the Borough's fairness hearing, the Borough shall be entitled to 43 affordable housing unit credits from the Curtis Paper Mill Redevelopment Plan. The following shall be addressed as part of the planning for affordable units.

(1) All affordable units to be produced pursuant to this section shall comply with the Borough's Affordable Housing Ordinance,[1] the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Borough's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units.

(a) Low/moderate income split. A maximum of 50% of the affordable units shall be moderate-income units, and a minimum of 50% of the affordable units in each bedroom distribution shall be low-income units. At least 13% of all restricted units in each bedroom distribution shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.

(b) Deed restriction period. All affordable units shall be deed restricted for a period of 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"). The deed restrictions shall expire only if and when it is properly released by the Borough and/or the Borough's administrative agent at the sole discretion of the Borough consistent with the requirements of UHAC.

(c) Administrative agent. All affordable units shall be administered by a qualified administrative agent paid for by the developer.

[1] Editor's Note: See Ch. 48, Affordable Housing.

D. Other affordable housing unit requirements. Developers shall also comply with all the other requirements of the Borough's Affordable Housing Ordinance, including, but not limited to:

(1) Affirmative marketing requirements;

(2) Candidate qualification and screening requirements;

(3) Integrating the affordable units amongst the market rate units; and

(4) Unit phasing requirements. Developers shall ensure that the affordable units are dispersed between all of the buildings on their site and shall identify the exact location of each affordable unit at the time of site plan application.

§ 190-151 Professional office development.

A. Two professional medical office buildings are proposed along the site's frontage with Frenchtown Road, between the existing medical office building and the proposed assisted living residential development area of the site. The buildings will provide opportunities for a variety of professional offices, including medical offices.

B. The intent is to have the buildings designed in an attractive and coordinated architectural design consistent with the architectural standards and guidelines presented in this plan and compatible with the architectural design elements exhibited in the downtown village area of the Borough. Buildings are to be oriented toward Frenchtown Road with appropriate front yard setbacks. Streetscape improvements, including decorative pavers, street trees, and lighting, are to be consistent along the entire frontage of Frenchtown Road, and are to link with the adjoining existing medical office building and public and residential subareas of the plan.

C. The professional office development is to be limited to one story. Parking is to be located in the side yards of the buildings. Shared parking arrangements will be explored with both the proposed medical buildings and the existing medical offices to the north of the site. However, any shared parking arrangements must provide adequate parking for all uses. The redeveloper will be required to submit an analysis confirming the adequacy of any proposed shared parking arrangement. The office development will be subject to the standard 2.5% nonresidential fee.

§ 190-152 Open space and recreation.

A. Open space and recreation facilities are proposed as a major element of the plan and consist of the following:

(1) A passive recreation area consisting of the environmentally constrained northwestern areas of the site north of the Hakihokake Creek. This area will include pedestrian paths linking the area to other portions of the Borough and a passive recreation area along Delaware River.

(2) A new public green adjoining the residential, professional office development and open space areas will create a focal point for these uses. Accordingly, the public green should include various public amenities to create a public plaza or similar public area with adequate space to hold outdoor events of a limited scale.

(3) The provision of a public walkway and passive recreation area along the Delaware River, linking to the regional trails system.

(4) Buffer areas and green belts between residential and nonresidential areas.

(5) New passive recreation areas designated for the common use of all occupants of the development that also serve as an integrated stormwater management system located between the residential development and the Belvidere and Delaware River Railway parcel.

B. Common open space shall comprise not less than 40% of the total gross area of the 73.3 acre tract. Such space may include land area to be developed as recreation areas or which is designated for common use of all occupants of the development but shall not include streets, off-street parking areas or incidental landscaped areas within off-street parking areas. The redeveloper shall be required to provide perpetual maintenance for such open space. Not less than one-sixth of this minimum required open space shall be in a form usable to and accessible by the public, such as the central green, commons, woodland walking trails, similar footpaths, or any combination of the above.

C. The required open space shall be located and designed to add to the visual amenities and village atmosphere of the development. The visibility of internal open space shall be maximized through the use of terminal vistas and linkages to other open space elements.

§ 190-153 Parking/loading.

A. Off-street parking shall be provided for each individual use in the development in accordance with the requirements of this section.

(1) Professional/medical office: one space for each 200 square feet of gross floor area (GFA).

(2) Residential: in accordance with Residential Site Improvement Standards (RSIS).

B. Parking for all townhouse structures shall be prohibited in front yard setback areas from public streets.

C. Driveways shall be set back at least 15 feet from all residential buildings and five feet from nonresidential structures to provide room for a landscaped area.

D. Parking lot layout, landscaping, buffering and screening shall be provided to minimize direct views of parked vehicles from the street right-of-way and sidewalks and avoid spillover light, glare, noise, or exhaust fumes onto adjacent properties. Parking lots exposed to view shall be surrounded by a minimum three-foot landscaped berm (see accompanying diagram). The height of the berm shall gradually decrease in size where driveways, walkways and sidewalks approach to provide adequate sight triangles.

E. The interior of all parking lots shall be landscaped to provide shade and visual relief. At a minimum, at least one deciduous tree shall be planted for every five parking spaces inside a six-foot-wide planter or landscape island is required. Landscaping should be utilized to soften edges of parking lots and to provide a sense of lot borders or boundaries.

F. Parking lot layout should take into consideration pedestrian movement, and pedestrian crossings should be installed where deemed necessary by the Planning Board.

G. The required number of parking spaces may be reduced by demonstrating the possibility of shared parking subject to the review/approval of the Board.

H. Parking lot layout should take into consideration pedestrian movement, and pedestrian crossings should be installed where deemed necessary by the Board.

I. Off-street loading requirements shall be as follows:

(1) Less than 10,000 square feet: none.

(2) 10,000 to 50,000 square feet: one.

(3) Over 50,000 square feet: two.

§ 190-154 Landscaping.

A. Landscaping is to be provided as part of all redevelopment and is to be integrated into building arrangements, topography, parking, buffering and other site features. Landscaping may include trees, shrubs, ground cover, berms, flowers, sculpture, art and similar materials, and shall be designed to provide aesthetic, buffering, environmental, ornamental, and other related functions. All landscaping plans shall be prepared by a New Jersey licensed landscape architect.

B. Landscaping for nonresidential uses should define entrances to buildings and parking lots, define edges of various land uses, provide transition between neighboring properties (buffering), and provide screening for loading and equipment areas.

C. Landscaping shall permit adequate site distance for motorists and pedestrians entering and exiting a site and shall not interfere with circulation patterns.

D. Landscaping shall be provided adjacent to and within parking areas to screen vehicles from view and to minimize the expansive appearance of parking fields. Street trees shall be installed in the public right-of-way for all development within nonresidential districts.

E. Trees shall be planted within rights-of-way parallel to the street along all streets.

F. Street tree spacing shall be determined by species type. Large maturing trees shall be planted a minimum of 40 feet and a maximum of 50 feet on center. Small and medium maturing trees shall be planted a minimum of 10 feet and a maximum of 30 feet on center.

G. Large maturing trees, such as willow oaks, tulip poplars, and American beech, shall generally be planted along residential streets and along the street frontages and perimeter areas of parks, squares, greenbelts, and civic structures.

H. Small maturing trees, such as flowering dogwoods and crape myrtle, shall generally be planted along nonresidential streets, interior portions of parks, squares, greenbelts, and civic lots.

I. Plantings in the immediate proximity to buildings in front and side yards shall respect architectural lines (should be seen as extension of architectural walls).

J. Plantings toward the street shall respect the integrity of the street by not obscuring important buildings and respecting views to and from streets, porches, walks, and public open spaces.

K. Existing trees 18 inches in caliper or greater may count towards all tree requirements. All such trees not within a drive or building footprint after grading may not be cut without approval from the Board.

L. All plantings shall be installed free from disease and in a manner that ensures the availability of sufficient soil and water for healthy growth and which is not intrusive to underground utilities.

M. All loading areas shall be landscaped in a manner that sufficiently screens the view of the loading area and vehicles from any public right-of-way and residential property.