[Added 7-13-1993 by Ord. No. 93-951;
amended 8-9-1994 by Ord. No. 94-974; 12-13-1994 by Ord. No. 94-988; 7-9-1996 by Ord. No. 96-1031; 1-25-2005 by Ord. No. 2005-1130]
In the AH Affordable Housing Zones AH-6, AH-7,
AH-8 and AH-9, no building, structure, area or lot or land shall be
used in whole or in part for any other than one or more of the uses
specified below.
A.
Upon proper application and hearing as herein provided, planned residential developments shall be permitted uses, provided that the Planning Board finds and determines that all requirements pertaining to planned residential developments as set forth at length in § 400-40 have been met.
B.
All developments within the AH-6, AH-7, AH-8 and A-9 Districts shall adhere to the affordability controls in Chapter 130, Affordable Housing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Subject to approval by resolution of the governing body (which approval may be conditional) of an off-site affordable housing plan which provides for the maximum yield of affordable housing units which would otherwise be provided on site pursuant to the requirements set forth at length in § 400-40, single-family detached residential units shall be a permitted use in each of the following AH Zoning Districts, subject to the following minimum development limitations:[1]
|
AH-6 Zoning District
| |
|---|---|
|
Item
|
Specifications
|
|
Maximum building height (feet)
|
28/2-story
|
|
Minimum lot area (square feet)
|
7,500
|
|
Minimum lot width (feet)
|
75
|
|
Maximum building coverage
|
25%
|
|
Maximum lot coverage
|
40%
|
|
Front yard (feet)
|
25
|
|
Rear yard (feet)
|
25
|
|
Side yard (one/total) (feet)
|
10/20
|
|
NOTE: Corner lots which are without frontage
on any street which is external to the development shall be required
to maintain only one front yard.
|
|
AH-9 Zoning District
| |
|---|---|
|
Item
|
Specifications
|
|
Maximum building height (feet)
|
28/2-story
|
|
Minimum lot area (square feet)
|
6,000
|
|
Minimum lot width (feet)
|
60
|
|
Maximum building coverage
|
25%
|
|
Maximum lot coverage
|
40%
|
|
Front yard (feet)
|
25
|
|
Rear yard (feet)
|
25
|
|
Side yard (one/total) (feet)
|
10/20
|
|
NOTE: Corner lots which are without frontage
on any street which is external to the development shall be required
to maintain only one front yard.
|
D.
Churches, temples and other houses of worship (subject to the provisions of § 400-80).
[Added 6-14-2016 by Ord.
No. 2016-1416]
E.
Public and private schools (subject to the provisions of § 400-79).
[Added 6-14-2016 by Ord.
No. 2016-1416]
F.
In the
AH-6 Zone only, the following public utility uses shall be permitted:
[Added 10-24-2023 by Ord. No. 2023-1544]
(1)
Principal uses: Public utility water towers, buildings and other
structures. For purposes of this section only, multiple towers, buildings
and other structures owned and/or operated by a single utility company
shall be considered to be one principal use, notwithstanding the fact
that two or more structures may be constructed.
(3)
Limiting Schedule:
|
Item
|
Specifications[2]
|
|---|---|
|
Maximum building or structure height (feet)
|
28/2-story (building or structure)
|
|
Maximum tower height (feet)
|
150/100 (primary/secondary towers)
|
|
Minimum lot area
|
10 acres
|
|
Minimum lot width (feet)
|
200
|
|
Maximum building coverage
|
25%
|
|
Maximum lot coverage
|
40%
|
|
Front yard setback, minimum (feet)
|
150
|
|
Rear yard setback, minimum (feet)
|
150
|
|
Side yard setback, minimum (one/total) (feet)
|
150/300
|
|
Setback from developed residential lot, minimum (feet)
|
150
|
[2]
Fences and retaining walls up to six feet in height, landscaping
and berms are exempt from these setback requirements.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 2-24-2004 by Ord. No. 2004-1216; 10-26-2004 by Ord. No. 2004-1225]
A.
Affordable housing
districts for second fair share cycle established. The following districts
in the Borough of Montvale are adopted for the purposes of meeting
the Borough's obligation to meet its fair share of affordable housing
for the second fair share cycle (1993-1999):
[Amended 1-25-2005 by Ord. No. 2005-1130; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
|
RI-10A
|
Residential Inclusionary District
|
|
AH-9A
|
Affordable Housing District
|
|
AH-10A
|
Affordable Housing District
|
|
RCO
|
Retirement Community Overlay District
|
|
AHO-16
|
Affordable Housing Overlay District
|
B.
RI-10A Residential
Inclusionary District. In the RI-10A Residential Inclusionary District,
no building or land shall be used and no building or other structure
shall be built, altered or erected to be used for any purpose other
than as provided herein.
(1)
Single-family detached residence with a maximum of four such residences within the zone shall be permitted for the property identified as "Block 1405, Lot 1102," on the official Tax Maps of the Borough of Montvale. Also permitted shall be churches, temples and houses of worship (subject to the provisions of § 400-80) and public and private schools (subject to the provisions of § 400-79).
[Amended 6-14-2016 by Ord. No. 2016-1416]
(2)
Such accessory
uses as are customarily incidental to the foregoing uses and are not
injurious to a residential district.
C.
(Reserved)
D.
Affordable housing
districts for the second fair share cycle, AH-9A, AH-10A, and AHO-16.
[Amended 1-25-2005 by Ord. No. 2005-1130; 6-14-2016 by Ord. No. 2016-1416; at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
(1)
Permitted
principal uses.
(2)
Permitted
accessory uses.
(a)
Outdoor
swimming pools and tennis courts, indoor clubhouses, exercise facilities
and meeting rooms and other active and passive open space or recreation
for the use of residents or their guests.
(b)
Parks
and other open space areas.
(d)
Off-street
parking.
(f)
Temporary
sales and/or construction trailers, provided that same shall be removed
no later than 60 days after completion of construction.
E.
Affordable housing
overlay districts, RCO District.
(1)
Applicability.
Upon application, developments, including low- or moderate-income
housing units or making payments in lieu of providing low- and moderate-income
housing units as set forth herein, shall be permitted and the standards
of the overlay zone as specified herein shall take precedence over
those of the underlying district.
(2)
Residency
restrictions. Residency in the RCO-Retirement Community Overlay District
shall be restricted by bylaws, rules, regulations and restrictions
of record to use by permanent residents 55 years of age or older with
the following exceptions:
(a)
A husband
or wife under the age of 55 years who is residing with his/her spouse
who is 55 years of age or over.
(b)
Unemancipated
children 18 years old or over residing with their parents or parent
where one of the parents with whom the child or children are residing
is 55 years of age or over.
(c)
One adult
under 55 years of age will be admitted as a permanent resident if
it is established that the presence of such person is essential to
the physical care of one of the adult occupants who shall be 55 years
of age or over.
(4)
Permitted
accessory uses.
(a)
Outdoor
swimming pools and tennis courts, indoor clubhouses, exercise facilities
and meeting rooms and other active and passive open space or recreation
for the use of residents and their guests.
(b)
Parks
and other open space areas.
(d)
Off-street
parking.
(f)
Temporary
sales and/or construction trailers, provided that same shall be removed
no later than 60 days after completion of construction.
F.
Regional contribution
agreement requirements.
(1)
Subdivision
or any development on Lot 11.02 of Block 1405 in the RI-10A District
of the Borough of Montvale shall only be approved subject to a payment
in lieu of providing low- and moderate-income housing units on site
to the Borough of Montvale's Affordable Housing Trust Fund for the
purposes of funding a regional contribution agreement between the
Borough of Montvale and an eligible receiving municipality in the
housing region in the amount of $50,000. Such amount shall be paid
in accordance with the following schedule:
(2)
Development
on Lots 3 and 4 of Block 3301 in the RCO-Retirement Community Overlay
District shall make a payment of $800,000 to the Borough's Affordable
Housing Trust Fund in lieu of providing low- and moderate-income housing
units on site to fund a regional contribution agreement between the
Borough of Montvale and an eligible receiving municipality in the
housing region. Such amount shall be paid on a pro rata basis according
to the number of buildings constructed on the portion of the lot located
within the Borough of Montvale (1/2 upon issuance of building permit
and 1/2 upon issuance of a certificate of occupancy). So, if six buildings,
each comprising no more than 12 units, are constructed, then $66,700
shall be paid upon the issuance of a building permit for each building
(or first unit in a building), and $66,700 shall be paid upon the
issuance of the certificate of occupancy for each building (or first
unit in a building).
(3)
Development
on Lot 2 of Block 1601 in the AHO-16 Affordable Housing Overlay District
shall make a payment of $25,000 to the Borough's Affordable Housing
Trust Fund to fund a regional contribution agreement between the Borough
of Montvale and an eligible receiving municipality in the housing
region. Such amount shall be paid upon issuance of a certificate of
occupancy.
[Added 2-24-2004 by Ord. No. 2004-1216]
G.
Development fee ordinance. A development fee ordinance was adopted by Montvale on August 9, 1994, pursuant to a court-approved settlement, by Ordinance No. 94-973 and can be found in § 65-35 through § 65-44 (Article V of Chapter 65, Land Use Procedures, of the Montvale Code).
[Amended 1-25-2005 by Ord. No. 2005-1130]
H.
Cost-generating
features. Section 14(b) of the Fair Housing Act (N.J.S.A. 52:27D-301
et seq.) incorporates the need to eliminate unnecessary cost-generating
features from Montvale's land use ordinances. Accordingly, Montvale
shall eliminate development standards that are not essential to protect
the public welfare and to expedite or fast-track municipal approvals/denials
on affordable housing developments. Montvale shall adhere to the components
of N.J.A.C. 5:93-10.1 to 5:93-10.3.[1]
[Amended 1-25-2005 by Ord. No. 2005-1130]
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 expired on
10-16-2016.
[Added 12-14-2004 by Ord. No. 2004-1228; amended 9-13-2005 by Ord. No. 2005-1243]
A.
Affordable housing
districts for the third fair share cycle established. The following
districts in the Borough of Montvale are adopted for the purpose of
meeting the Borough's obligation to meet its fair share of affordable
housing for the third fair share cycle (2004-2014):
B.
RI-40B Residential
Inclusionary District. In the RI-40B Residential Inclusionary District,
no building or land shall be used and no building or other structure
shall be built, altered or erected to be used for any purpose other
than as provided herein.
(1)
Single-family detached residence with a maximum of eight such residences within the zone shall be permitted. Also permitted shall be churches, temples and houses of worship (subject to the provisions of § 400-80) and public and private schools (subject to the provisions of § 400-79).
[Amended 6-14-2016 by Ord. No. 2016-1416]
(2)
Such accessory
uses as are customarily incidental to the foregoing uses and are not
injurious to a residential district.
(3)
The area, yard and bulk standards for this zone shall be in conformance with the R1-40B Zone standards as provided for in Schedule § 400-44 of this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
RI-25B Residential
Inclusionary District. In the RI-25B Residential Inclusionary District,
no building or land shall be used and no building or other structure
shall be built, altered or erected to be used for any purpose other
than as provided herein.
(1)
Single-family detached residence with a maximum of six such residences in the zone shall be permitted for the property identified as "Block 1103, Lot 5," on the Official Tax Maps of the Borough of Montvale. Also permitted shall be churches, temples and houses of worship (subject to the provisions of § 400-80) and public and private schools (subject to the provisions of § 400-79).
[Amended 6-14-2016 by Ord. No. 2016-1416]
(2)
Such accessory
uses as are customarily incidental to the foregoing uses and are not
injurious to a residential district.
D.
AH-1B Affordable
Housing District.
(1)
E.
AH-3B Affordable
Housing District.
(2)
Permitted
accessory uses.
(3)
Area, yard and bulk requirements. The area, yard and bulk requirements for the AH-3B district are set forth in the Borough of Montvale Zoning Limiting Schedule for Affordable Housing Districts for the Third Fair Share Cycle per § 400-44.[2]
[2]
Editor's Note: The Limiting Schedule is included as an attachment to this chapter.
F.
Payments in lieu
of affordable housing.
(1)
Subdivision
of any development in the RI-40B District in the Borough of Montvale
shall only be approved subject to the payment in lieu of providing
low- and moderate-income housing units on site to the Borough of Montvale's
Affordable Housing Trust Fund for the purposes of funding a regional
contribution agreement between the Borough of Montvale and an eligible
receiving municipality in the housing region or to assist the Borough
in subsidizing the building of new affordable housing units in the
Borough in the amount of $100,000. Such amount shall be paid on a
pro rata basis, in which the total payment shall be divided by the
number of units approved by subdivision in the district. Payments
shall be made on a per unit basis in accordance with the following
schedule:
(2)
Subdivision
of any development on Block 1103, Lot 5, in the RI-25B District in
the Borough of Montvale shall only be approved subject to the payment
in lieu of providing low- and moderate-income units on the site to
the Borough of Montvale's Affordable Housing Trust Fund for the purpose
of funding a regional contribution agreement between the Borough of
Montvale and an eligible receiving municipality in the housing region
or to assist the Borough in providing affordable housing units in
the Borough in the amount of $70,000. Payment of said amount shall
be made in accordance with COAH regulations based on a prorated amount,
such that $5,834 shall be paid upon issuance of each building permit
and $5,833 shall be paid upon issuance of each certificate of occupancy,
for each single-family detached residence in the subdivision.
(3)
Development
on Block 1301, Lots 24, 26, 27 and 33 and Block 2204, Lots 39 and
40 in the AH-1B Affordable Housing District shall make a payment of
$140,000 to the Borough of Montvale's Affordable Housing Trust Fund
either for the purposes of funding a regional contribution agreement
between the Borough of Montvale and an eligible receiving municipality
in the housing region or to assist the Borough in the provision of
affordable housing units in the Borough. An amount of $3,500 shall
be payable upon issuance of each building permit, and an amount of
$3,500 shall be payable upon issuance of each certificate of occupancy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
Development
in the AH-3B Affordable Housing District shall make a total payment
of $210,000 to the Borough's Affordable Housing Trust Fund in lieu
of providing low- and moderate-income housing units on site to fund
a regional contribution agreement between the Borough of Montvale
and an eligible receiving municipality in the housing region, or to
assist the Borough in providing affordable housing units within the
Borough. Such an amount shall be paid on a pro rata basis, in accordance
with COAH regulations, in which the total payment shall be divided
by the number of units approved by site plan approval in the district.
Payments shall be made in accordance with the following schedule:
one half of the per-unit payment shall be paid upon the issuance of
a building permit for each townhouse unit; and one half of the per-unit
payment shall be paid upon issuance of a certificate of occupancy
for each townhouse unit.
G.
AHS Affordable Housing Senior
District.
[Added 9-30-2014 by Ord. No. 2014-1393]
(3)
Area, yard and bulk requirements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
|
Item
|
Required
| |
|---|---|---|
|
Minimum lot area
|
20,000 square feet
| |
|
Minimum lot width
|
200 feet
| |
|
Minimum lot frontage
|
200 feet
| |
|
Minimum lot depth
|
150 feet
| |
|
Minimum building setbacks:
| ||
|
Front yard
|
35 feet
| |
|
Side yard
|
10 feet
| |
|
Rear yard
|
35 feet
| |
|
Minimum parking and driveway setback:
| ||
|
Front property line
|
35 feet
| |
|
Side property line
|
10 feet
| |
|
Rear property line
|
5 feet
| |
|
Maximum building height
|
3 stories/35 feet
| |
|
Maximum building coverage
|
25%
| |
|
Maximum lot coverage
|
65%
| |
|
Maximum permitted density
|
16 units/acre
| |
(4)
Supplementary requirements.
(a)
The minimum parking and driveway setback standard in § 400-30G(3) above shall take precedence over those in § 400-54E.
[Added 12-11-2017 by Ord.
No. 2017-1437]
The following standards shall apply to development within the AH-6A Affordable Housing District. All other provisions of Chapter 400, Zoning, of the Montvale Code shall apply to development in the AH-6A District only where specifically indicated as applicable in this § 400-31 of the Montvale Code. When the standards herein conflict with other provisions of Chapter 400, the standards herein shall apply.
A.
Purpose. The purpose of this
chapter is to fulfill a settlement agreement by and between the Borough
of Montvale and Two Paragon Drive, LLC. The AH-6A Affordable Housing
District is intended to repurpose the former A&P headquarters
by constructing an inclusionary housing development that provides
credits towards the Borough's affordable housing obligation. The AH-6A
regulations are implemented in recognition of the Paragon Property's
unique topographic features and other regulatory constraints.
B.
Application requirements. Any
application for development for any portion or the entirety of the
AH-6A District shall be submitted in the nature of a preliminary site
plan application. Such application shall describe any phasing of the
proposed project, together with all on-site and off-site improvements
needed to support such phases. The application for preliminary site
plan approval may also include a request for final approvals with
respect to such phase or phases.
D.
Permitted accessory uses.
(1)
Any use which is ordinarily
subordinate and customarily incidental to the principal permitted
uses allowed in the AH-6A Zone, including but not limited to patios,
decks, swimming pools and tennis courts.
(2)
Signs, as otherwise regulated
in the Borough ordinances.
(3)
In conjunction with residential
development, noncommercial swimming pools, tennis courts and other
outdoor recreation facilities, off-street parking for private vehicles
(excluding recreational vehicles, trailers and boats) and outdoor
recreational facilities.
(4)
Street furniture, planters,
approved public art elements, gazebos, water features, waste/recycle
receptacles, vehicle charging stations, cluster mailbox with or without
roof structure and bicycle racks.
(5)
Parks and open space facilities,
including, but not limited to, walkways, bikeways, courtyards, plazas
and gardens.
(6)
Fences and walls, including
retaining walls.
(7)
Landscaping and buffering.
(8)
Stormwater detention facilities,
along with any other infrastructure improvement required for the project,
i.e., pump station, etc.
(9)
Temporary construction trailer,
temporary sales trailer and temporary sales office in model home through
final project CO.
F.
Bulk, area and other dimensional
standards.
(1)
General standards for principal
and accessory uses in the AH-6A District.
(a)
[3]
[4]
Maximum building lot
coverage: 25%.
[5]
Maximum impervious
lot coverage: 60%.
[1]
For purposes of this section, calculation of setbacks shall
not include decks and patios, which may project a maximum of 10 feet
from a building, and porches, eaves, stairs and chimneys, which may
project up to five feet from a building.
[2]
Fences and retaining walls up to six feet in height are exempt
from these setback requirements.
(b)
Townhouse internal setback
and building unit requirements.[5]
[2]
Maximum townhouse building
length: 150 feet.
[3]
Maximum number of market-rate
units in single structure: six units, provided that eight total units
may be provided where there are stacked affordable units in the structure.
[4]
Maximum building height:
45 feet with allowances for stepped foundations along building length;
said measurement shall then apply to each stepped section.
[5]
Maximum number of stories:
three stories.
[6]
Maximum number of units
before horizontal break: two units.
[7]
Minimum front of building
to cartway: 18 feet.
[8]
Minimum side and rear
of building to cartway: 12 feet.
[9]
Minimum building to
parking: 10 feet.
[5]
For purposes of this section, calculation of minimum distance
shall not include decks and patios, which may project a maximum of
10 feet from a building, and porches, eaves, stairs and chimneys,
which may project up to five feet from a building.
(c)
Residential parking requirements.
[1]
Townhouse dwelling
units and low- and moderate-income dwelling units. Residential site
improvement standards (RSIS) apply.
[2]
Required off-street
parking for townhouse units. At least one of the two stacked affordable
units within a townhouse building shall have a minimum of one garage
space. One additional parking space for this affordable unit shall
be provided in its associated driveway in front of the garage. The
second affordable unit, lacking a garage space, shall have one driveway
space, with the additional required parking for both affordable units
provided per RSIS standards within 150 feet of said units. Required
off-street visitor parking for low- and moderate-income units, as
required by RSIS, shall be located within 200 feet of the units serviced.
[3]
Each garage space shall
be counted as 1.0 parking space. A one-car garage and driveway combination
shall be counted as 2.0 parking spaces, provided the driveway measures
a minimum of 18 feet between the face of the garage door and the internal
roadway line [RSIS § 5.21-4.14(d)]. Required visitor parking
spaces for market-rate units shall be provided within 200 feet of
the units serviced.
(d)
BUILDING HEIGHT
GROSS DEVELOPMENT SITE AREA
MEAN ROOF RIDGE ELEVATION
Definitions. The following
definitions shall apply to the AH-6A Zone:
Irrespective of any other definition in Chapter 400, "building height" shall be defined as the vertical distance between the lowest proposed grade adjacent to the individual unit to the mean roof ridge elevation of said unit.
The total gross acreage of a development within existing
streets and/or property lines prior to development or subdivision,
including streets, easements and common open space portions of the
development.
Irrespective of any other definition in Chapter 400, "mean roof ridge elevation" shall be defined as the average grade between the eaves above the highest living floor and the highest roof ridge elevation.
(e)
Density standards. A maximum
of 80 multifamily residential units are permitted on Block 1903, Lot
7.
G.
Affordable housing unit requirements.
(1)
Twenty percent of the total
residential units shall be reserved for, and affordable to, low- and
moderate-income households. For example, if 80 total units are constructed,
16 of those units shall be for low- and moderate-income housing units
(eight affordable to low-income households and eight affordable to
moderate-income households). The units shall meet the low-/moderate-income
split required by the Uniform Housing Affordability Controls.
(2)
Low- and moderate-income
(Mount Laurel) housing requirements.
(a)
Minimum low- and moderate-income
housing units located on site.
[1]
The low- and moderate-income
units required to be provided by the developer, as noted herein, shall
be distributed among the townhouse buildings proposed. No townhouse
building shall have more than four low- and moderate-income units
within its structure; such affordable units may be designed as one-over-one
apartment flats within a townhouse configuration.
[2]
All low- and moderate-income
housing units shall be in conformance with the latest applicable rules
for affordable housing as determined by the Council on Affordable
Housing, the courts or other applicable authority, as determined appropriate,
including such issues as phasing of building low- and moderate-income
units in concert with market-rate units.
(b)
Bedroom distribution of
low- and moderate-income housing units. Subject to the most current
applicable COAH or other rules, the bedroom distribution of low- and
moderate-income units for affordable units constructed in the AH-6A
Zone shall be as follows:
(c)
Low- and moderate- income
unit split. The distribution of inclusionary affordable units to be
provided as part of this development shall be in accordance with those
requirements as set forth by COAH or otherwise deemed appropriate
by the court.
(d)
Procedures regarding affirmative
marketing of low- and moderate-income units and other requirements
of inclusionary development units are subject to and determined by
COAH rules or other rules determined appropriate by the court.
(e)
The affordable units shall
be family affordable units.
(f)
All necessary steps shall
be taken to make the affordable units provided creditworthy pursuant
to applicable law.
H.
Site standards.
(1)
Site standards for Block
1903, Lot 7.
(a)
Landscaping.
[1]
Landscaping shall be
provided to promote a desirable visual environment, to accentuate
building design, define entranceways, screen parking areas, mitigate
adverse visual impacts and provide windbreaks for winter winds and
summer cooling for buildings, and enhance buffer areas. The impact
of any proposed landscaping plan at various time intervals shall be
considered. Plants and other landscaping materials shall be selected
in terms of aesthetic and functional considerations. The landscape
design shall create visual diversity and contrast through variation
in size, shape, texture and color. The selection of plants in terms
of susceptibility to disease and insect damage, wind and ice damage,
habitat (wet-site, drought, sun and shade tolerance), soil conditions,
growth rate, longevity; root pattern, maintenance requirements, etc.,
shall be considered. Consideration shall be given to accenting site
entrances and unique areas with special landscaping treatment. Flower
bed displays are encouraged. Shade trees shall be provided a minimum
of 50 feet on average along the public right-of-way. Any visitor parking
areas visible from the public right-of-way shall be screened to a
height of six feet.
[2]
Landscaping within
sight triangles shall not exceed a mature height of 30 inches. Shade
trees shall be pruned up to an eight-foot branching height above grade.
[3]
Parking rows longer
than 20 parking spaces shall have a six-foot-wide landscaped island
to break the pavement.
[4]
Shade trees shall be
a minimum two-and-five-tenths-inch caliper with a canopy height of
at least the minimum American Nursery and Landscape Association standards
for this caliper.
[5]
All plant material
shall meet the minimum latest American Nursery and Landscape Association
standards.
[6]
Landscape plantings.
A minimum of 30% of the plantings proposed shall be indigenous to
the region.
[7]
Foundation plantings.
The landscape plan shall include foundation plantings that provide
an attractive visual setting for the development. These plantings
shall include species that provide seasonal interest at varying heights
to complement and provide pedestrian scale to the proposed architectural
design of the buildings. The foundation planting shall incorporate
evergreen shrubs and groupings of small trees in order to provide
human scale to building facades and winter interest.
[8]
Landscaping of any
new stormwater management facilities shall be as required by the development
in accordance with NJDEP best management plan requirements. Nonstructural
facilities shall be considered in the design of the proposed stormwater
system to the extent practical.
[9]
Landscape plan content.
A landscape plan prepared by a certified landscape architect certified
by the New Jersey State Board of Landscape Architects, or other qualified
individual, shall be submitted with each major site plan or major
subdivision application. In addition to the major site plan or subdivision
submission requirements, the landscape plan shall include and identify
the following information:
[a]
Existing and proposed
underground and aboveground utilities such as site lighting, transformers,
hydrants, manholes, valve boxes, etc., existing wooded areas, rock
outcroppings and existing and proposed water bodies.
[b]
Location of individual
existing trees noted for preservation within the area of development
and 30 feet beyond the limit of the disturbance. Trees four inches
in diameter (measured 4 1/2 feet above the existing ground level)
shall be located and identified by name and diameter unless the wooded
area is shown with a specific limit line. In this case, specimen trees
shall be located within 30 feet of the line. Indicate all existing
vegetation to be saved or removed.
[c]
Existing and proposed
topography and location of all landscaped berms.
[d]
Location, species
and sizes of all proposed shade trees, ornamental trees, evergreen
trees and shrubs and areas for lawns or any other ground cover. Different
graphic symbols shall be used to show the location and spacing of
shade trees, ornamental trees, evergreen trees, shrubs and ground
cover. The size of the symbol must be representative of the size of
the plant shown to scale.
[e]
A plant schedule
indicating botanical name, common name, size at time of planting (caliper,
height and spread), quantity, root condition and any special remarks
(spacing, substitutions, etc.) for all plant material proposed. Plants
within the plant schedule shall be keyed to the landscape plan utilizing
the first letter of the botanical plant name.
[f]
Planting and construction
details and specifications.
(b)
Lighting.
[1]
All lighting fixtures
and footcandle standards for parking areas and recreation facilities
should be consistent with the regulations of the Borough of Montvale.
[2]
A lighting plan prepared
by a qualified individual shall be provided with site plan applications.
[3]
The intensity, shielding,
direction and reflecting of lighting shall be subject to site plan
approval by the approving authority.
(d)
Fences and walls.
[1]
To the extent possible,
the use of retaining walls should be used in the form of terraces
to accommodate severe grade changes, rather than single tall retaining
walls. However, no retaining walls shall exceed a height of six feet.
Where provided, retaining walls shall be screened with a variety of
landscaping materials, in groupings, rather than utilizing hedges
or uniform plant species and spacing.
[2]
Ornamental walls utilizing
loose laid stone may be provided throughout the site, as appropriate,
up to a height of four feet.
[3]
Fences shall be installed
along the tops of all retaining walls that exceed a height of three
feet. Chain-link fencing, including vinyl-coated chain-link fencing,
is prohibited.
[4]
No fence on the site
may exceed a height of six feet.
(e)
Signage.
[2]
Signs permitted within
the AH-6A Zone shall be only those specified in the table below.
|
Type
|
Location
|
Maximum Number
|
Maximum Area of any 1 Sign
(square feet)
|
Maximum Height
(feet)
|
Required Setback From Property Line
(feet)
|
Maximum Letter Height
(feet)
|
|---|---|---|---|---|---|---|
|
Entrance monument
|
Driveway entrance
|
1 at each location
|
36
|
6
|
5
|
—
|
[3]
Only external illumination
shall be permitted for all non-wall-mounted signage. Uplighting or
other forms of external illumination shall be permitted on proposed
entrance sign.
[4]
The entrance monument
sign shall be limited to the name of the development and developer
name.
[5]
No individual sign
may exceed three colors. If white or black is used in the sign it
shall be counted as a color.
[6]
Monument signs shall
utilize a solid base surrounded by appropriate ornamental plantings.
No monument sign shall be located in a sight triangle.
[Added 9-12-2006 by Ord. No. 2006-1255[1]]
B.
Permitted accessory
uses.
(1)
Active or
passive open space or recreation for the use of residents and their
guests.
C.
Area, yard and
bulk requirements.
|
Requirement
|
Standard
| |
|---|---|---|
|
Minimum tract size
|
8 acres
| |
|
Minimum tract width
|
75 feet
| |
|
Maximum density
|
8.1 units per acre, calculated based on the
lot area and units located within the Borough of Montvale
| |
|
Maximum number of units on tract
|
70 units, calculated based on the lot area and
units located within the Borough of Montvale
| |
|
Minimum building setbacks for principal building:
| ||
|
From perimeter property lines
|
No less than 20 feet adjacent to single-family
homes in Montvale, 25 feet adjacent to the Garden State Parkway and
40 feet for all others
| |
|
From cartway of internal roadways
|
12 feet
| |
|
From outdoor parking spaces
|
15 feet
| |
|
From face of garage to roadway
|
20 feet
| |
|
From public right-of-way
|
n/a
| |
|
Minimum internal roadway setbacks from perimeter
property lines
|
10 feet to edge of pavement
| |
|
Minimum retaining wall setbacks:
| ||
|
From cartway of internal roadways
|
5 feet
| |
|
From outdoor parking spaces
|
n/a
| |
|
Minimum distance between buildings on the tract:[2]
| ||
|
Front to front
|
50 feet
| |
|
Front to side
|
30 feet
| |
|
Front to rear
|
75 feet
| |
|
Side to rear
|
30 feet
| |
|
Side to side
|
30 feet
| |
|
Rear to rear
|
40 feet
| |
|
Maximum building coverage
|
35%
| |
|
Maximum impervious coverage
|
60%[3]
| |
|
Minimum open space
|
40%
| |
|
Maximum building height:
| ||
|
Stories
|
2 1/2 stories
| |
|
Feet
|
35 feet
| |
|
Occupancy of the area within the roof line of
the units as a half story, to be constructed as a dormer, shall permit
a bedroom, bathroom and other incidental living space within the roof
line of the unit, in addition to use and occupancy of any basement,
first floor and second floor in the units.
| ||
|
Minimum perimeter buffer width
|
10 feet minimum adjacent to single-family homes
in Montvale, with the average width of such buffer of 15 feet
| |
|
Maximum number of dwelling units per building
|
8 for townhouses, 10 for apartments or a combination
of townhouses and apartments
| |
|
Maximum length of building
|
195 feet
| |
|
Minimum number of low- and moderate-income units
|
14
| |
|
Mix of housing units
|
A minimum of 80% of the units shall be townhouses
| |
|
Maximum area of total site of steep slope encroachment:
| ||
|
Slopes of 15% to 25%
|
6% (of lot area located within the Borough of
Montvale)
| |
|
Slopes of 25% or greater
|
5% (of lot area located within the Borough of
Montvale)
| |
|
Maximum height of retaining walls
|
6 feet
| |
|
Minimum building setbacks for accessory structures:
| ||
|
From internal roads
|
0 feet
| |
|
From outdoor parking areas
|
10 feet
| |
|
Minimum distances between accessory buildings
on the tract
|
20 feet
| |
|
Maximum accessory building height:
| ||
|
Stories
|
1 story
| |
|
Feet
|
15 feet
| |
|
Signage:
| ||
|
Maximum number and type
|
1 freestanding monument sign
| |
|
Maximum height
|
7 feet
| |
|
Maximum area
|
30 square feet
| |
|
Minimum setback from property line
|
5 feet
| |
|
Illumination
|
External only
| |
|
Off-street parking
|
Per RSIS standards
| |
[1]
Editor's Note: This ordinance also provided
that these changes "shall supersede the current zoning regulations
in place for AH-8A Zone."
[Added 12-26-2017 by Ord.
No. 2017-1438]
The following standards shall apply to development within the AH-26 District. All other provisions of Chapter 400, Zoning, of the Montvale Borough Code shall apply to development in the AH-26 District only where specifically indicated as applicable in this § 400-33 of the Montvale Code. When the standards herein conflict with other provisions of Chapter 400, the standards herein shall apply.
A.
Purpose and planning rationale.
The purpose of the AH-26 District is to provide a realistic opportunity
for the construction of affordable housing as part of a comprehensively
planned inclusionary development, in conformance with the regulations
of this chapter governing affordable housing. In addition, the Borough
has determined that this site is specially and particularly appropriate
for a higher residential density than is characteristic in the Borough
substantially for the following reasons:
(1)
Sound planning supports a
holistic approach to planning for affordable housing where inclusionary
neighborhoods are located near services. Sound planning also involves
the conservation of neighborhood character, an objective achieved
in part by maintaining the existing scale, density and character of
the Borough's core single-family neighborhoods. This can be achieved
in part through a gradation of density across the Borough, maintaining
higher densities and greater building heights further away from the
core single-family residential zones within the Borough, and requiring
lower densities and lower permitted building heights as the properties
approach core single-family districts within the Borough.
B.
BUILDING HEIGHT
GROUND ELEVATION
STORY
TRACT
WALL SIGN
Definitions. The following definitions shall apply only within the AH-26 District, shall supplement any nonconflicting definitions within Chapter 400 of the Borough Code, and shall supersede any conflicting definitions in the Borough Code:
The vertical distance in feet between the average ground
elevation around the foundation of the building and the elevation
of the roof deck if the building is flat or, in the case of sloping
roofs, to a point half the distance between the rafter plate and the
uppermost point of the roof. Exclusions from the definition of building
height shall include the following: any parapet, structure, apparatus,
amenities and/or equipment located on the roof.
The elevation of the property in its final/finished grade
at building wall.
That portion of a building included between the surface of
any floor and the surface of the floor above it or, if there be no
floor above it, then the space between the floor and the ceiling next
above it. Any structures, apparatus, utilities, amenities, and equipment
on the roof shall not constitute a story. Any level of parking, structures,
apparatus, utilities, amenities, and equipment that is below or partially
below finished grade and underneath a residential story within the
AH-26 District shall be explicitly excluded from being characterized
as a story, basement, or cellar, and shall not count towards the building
height.
Contiguous parcels of land under common ownership, at least
one of which is located within the AH-26 District. The parcels making
up a tract may be located within or without the Borough of Montvale.
All flat signs of duramesh, or windscreen which are placed
against a building or other structure and attached to the exterior
front, rear or side wall of any building or other structure so that
the display surface is parallel with the plane of the wall.
C.
Application requirements.
(2)
Contribution of the pro rata share of off-site improvements shall be governed by § 400-116. Notwithstanding the foregoing, consistent with N.J.A.C. 5:93-10.1(b),[1] no unnecessary cost generative provisions of the Montvale
Borough Code shall apply to any proposed inclusionary development
within the AH-26 District.
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 were repealed
on 10-16-2016.
D.
Permitted uses. In the AH-26
District, the following uses shall be permitted:
(1)
Permitted principal uses. Inclusionary multifamily residential development in accordance with the provisions below and the development standards enumerated in Subsection E:
(a)
All units within the inclusionary
development shall be apartment-style units.
(b)
Twenty percent of all
units shall be set aside for low- (including very-low-) and moderate-income
households ("affordable units").
(c)
Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter 130, Affordable Housing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
The development, unit distribution and marketing of all affordable units shall be undertaken consistent with Chapter 130, Affordable Housing, of this Code and all other applicable laws, rules and regulations, including applicable COAH regulations, the Fair Housing Act[2] and its requirement that at least 10% of all affordable
units associated with this project be made affordable to very-low-income
households.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[2]
Editor's Note: See N.J.S.A. 40:55D-8.1 et seq.
(e)
The developer shall be
responsible for all costs associated with the initial rental of the
affordable units, and for the continuing administration of the affordable
units and the preservation of the creditworthiness of the units.
(f)
All uses not expressly
permitted are deemed prohibited.
(2)
Permitted accessory uses.
In connection with a permitted principal use, the following may be
permitted as an accessory use:
(a)
Recreational facilities,
lobbies, fitness facilities, outdoor barbecues, firepits, gazebos,
leasing and management offices, club rooms, lounges, libraries, business
centers, game rooms, poolrooms, community gardens, rec rooms, children's
playrooms, private theater rooms, community kitchens for tenant use,
bathhouses, locker rooms, mail rooms, package storage areas, valet
spaces, or related mechanical equipment, and similar interior tenant
amenities.
(b)
Sports facilities, including
but not limited to fields, courts, putting greens and swimming pools.
(c)
Playground facilities.
(d)
Dog park or dog run.
(e)
Dog spa or grooming facility,
not including boarding or veterinarian services, only for the residents
of the inclusionary multifamily residential development.
(f)
Storage spaces unattached
to the units, but used by occupants of units, which are incorporated
into the multifamily residential building.
(g)
Waste and recycling receptacles.
(h)
Parking structures incorporated
into the multifamily residential building for storage of vehicles,
and loading area spaces.
(i)
Any use customary and
incidental to a permitted principal use.
(j)
Signs.
(k)
Fences.
(l)
Landscaping and buffering.
E.
Development standards.
(1)
Area, yard and bulk standards.
|
Requirement
|
AH-26 District Regulation
| |
|---|---|---|
|
Minimum lot size
|
7 acres
| |
|
Minimum setbacks
| ||
|
Intermunicipal boundary within a tract
|
0 feet
| |
|
Garden State Parkway/front yard[3]
|
40 feet
| |
|
Rear yard[4]
|
30 feet
| |
|
Side yard[5]
|
30 feet
| |
|
From internal access road
|
0 feet
| |
|
Maximum building height: flat roof (feet)
|
59
| |
|
Accessory building height (feet)
|
14
| |
|
Maximum building height (stories)
|
4
| |
|
Maximum number of units per acre
|
26.5
| |
|
Maximum building coverage (%)
|
45%
| |
|
Maximum lot coverage (%)
|
60% (up to 70% with pervious materials)
| |
[3]
The portion of the property fronting on the Garden State Parkway
shall be considered the front yard of the property located in the
AH-26 Zone. Notwithstanding the foregoing, the property is only accessible
via adjacent properties located in a neighboring municipality.
[4]
In the event that any rear yard fronts upon an intermunicipal
boundary, the intermunicipal boundary minimum setback shall supersede
the rear yard minimum setback and control.
[5]
In the event that any side yard fronts upon an intermunicipal
boundary, the intermunicipal boundary minimum setback shall supersede
the side yard minimum setback and control.
(2)
All setbacks shall be measured
from the property lines of the entire tract and not from zoning or
lot lines that are established by municipal boundaries. No internal
setbacks shall apply to any structure, parking, public or private
street, driveway, or municipal boundary line internal to the tract
as a whole, except as required by New Jersey Building and/or Fire
Codes. Retaining walls, sidewalks, walkways, fences, freestanding
signs, above- and below-ground stormwater detention basins, and aboveground
and underground utilities shall be permitted within the setbacks.
(3)
Signage. Within the AH-26
District, the following shall apply:
(b)
Sections 400-69 through 400-76, except that §§ 400-70A(1), 400-70A(3), 400-70A(6), 400-70C, 400-70G, 400-70N and 400-70Q shall not apply.
(c)
Notwithstanding § 400-64, the area of a sign face shall be computed by drawing a square or rectangle that encompasses the extreme limits of the verbiage, logo or emblem.
(d)
Two freestanding signs
per parcel shall be permitted in accordance with the following:
[1]
One freestanding sign
fronting along the Garden State Parkway shall be permitted which may
be a maximum of four feet high. In addition, the sign may be placed
atop a base that is a maximum of two feet in height, or a maximum
of three feet in height in the event that landscaping is to be installed
at the base. The maximum area of a sign fronting along the Garden
State Parkway shall be 60 square feet.
[2]
One freestanding sign
that does not front along the Garden State Parkway shall be permitted
which may have a maximum area of 36 square feet and a maximum height
of six feet.
[3]
Notwithstanding § 400-70J of the Borough Code, freestanding signs may include three colors, assuming one of the colors is white or black.
[4]
No freestanding sign
shall be located in a sight triangle.
[5]
External illumination
shall be permitted for freestanding signs.
(e)
Wall signs.
[1]
One temporary wall
sign is also permitted on one facade of the building, which wall sign
may not exceed 144 square feet. Such temporary wall sign may remain
for a six-month period, which period may be extended for two additional
six-month periods upon application to, and at the discretion of, the
Borough Planning Board.
[Amended 1-30-2018 by Ord. No. 2018-1441]
(f)
Wayfinding and directional
signs, building identification signs, parking restriction and other
community restriction signs shall be permitted throughout the AH-26
District, to the extent necessary.
(4)
Parking requirements. The
following parking requirements shall apply:
|
Requirement
|
AH-26 District Regulation
|
|---|---|
|
Parking spaces
|
In accordance with residential site improvement standards (RSIS)
|
|
Parking dimensions (aisle width)
|
Parallel parking: 12 feet
30° angle: 12 feet
45° angle: 13 feet
60° angle: 18 feet
Perpendicular parking: 24 feet
|
|
Parking dimensions (parking space)
|
9 feet by 18 feet
|
|
Parking dimensions (compact parking space)
|
8.5 feet by 16 feet
|
F.
Site standards.
(1)
Circulation.
(a)
Walkways shall link all
residential buildings within the development.
(b)
Where sections of walkways
branch off or join up, a decorative marker, signpost, or circle is
recommended. Where walkways traverse vehicular driveways, crosswalks
shall be provided and marked with textured paving in a contrasting
material and color.
(c)
Benches are encouraged
to be located throughout the development along the pedestrian walkway
network.
(2)
Retaining walls. Notwithstanding anything to the contrary in Chapter 196, § 196-3, of the Borough Code:
(a)
To the extent possible,
the use of retaining walls should be used in the form of terraces
to accommodate severe grade changes, rather than single tall retaining
walls. However, no retaining walls shall exceed a height of 15 feet.
Where provided, retaining walls shall be screened with a variety of
landscaping materials, in groupings, rather than utilizing hedges
or uniform plant species and spacing.
(b)
Ornamental walls utilizing
loose-laid stone may be provided throughout the site, as appropriate,
up to a height of four feet.
(c)
Fences shall be installed
along the tops of all retaining walls that exceed a height of four
feet. Chain-link fencing, including vinyl-coated chain-link fencing,
is prohibited.
(d)
No fence on the site may
exceed a height of four feet, except for fences for the screening
of loading areas, utility enclosures and dumpsters.
(3)
Architecture.
(a)
Buildings shall avoid
long, monotonous, uninterrupted walls or roof planes. Building wall
offsets, including projections such as canopies and recesses, shall
be used in order to add architectural interest and variety and to
relieve the visual effect of a simple, long wall. Similarly, in the
case of a pitched roof, roofline offsets, dormers or gables shall
be provided in order to provide architectural interest and variety
to the massing of a building and to relieve the effect of a single,
long roof.
(b)
The maximum spacing between
building wall offsets shall be 80 feet.
(c)
The minimum projection
or depth of any individual vertical offset shall be 1.0 feet.
(d)
The maximum spacing between
roof offsets shall be 80 feet.
(e)
The architectural treatment
of the front facade shall be continued in its major features around
all visibly exposed sides of a building. All sides of a building facing
a public street shall be architecturally designed to be consistent
with regard to style, materials, colors and details.
(f)
Fenestration shall be
architecturally compatible with the style, materials, colors and details
of the building. Windows shall be vertically proportioned.
(g)
All entrances to a building
shall be defined and articulated by architectural elements such as
lintels, pediments, pilasters, columns, porticoes, porches, overhangs,
railings, etc.
(h)
Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties. Section 400-49, regarding satellite antennas, shall apply.
(i)
All rooftop mechanical
equipment, inclusive of solar equipment, shall be screened from view
from all vantage points at grade or below the roof.
(j)
Placement of any packaged
terminal air-conditioner units within the facade is prohibited.
(k)
Balconies are prohibited
to be included on the outward-facing sides of any building, except
that all corner residential units may have balconies. Nonfunctional,
decorative "Juliet" balconies, which cannot be accessed from the interior
of a unit, shall be permitted on the outward facing sides of any building.
Inward-facing balconies shall also be permitted.
(4)
Trash.
(a)
All trash/recycling storage
areas shall be enclosed on all four sides and screened using wood
fencing or other attractive material. Trash may be stored inside the
buildings.
(6)
Landscaping.
(a)
A mix of deciduous and
evergreen trees and low ground-cover landscaping shall be planted
along the entire site perimeter, with the exception of any intermunicipal
boundary, in order to form an effective year-round screening. Tree
spacing shall be 40 feet on center, or closer. In addition, where
a row of parking stalls runs in a straight line for more than 20 spaces,
landscaped islands shall be provided between every 15 parking spaces,
planted with trees and low ground cover.
(b)
Eighty percent of the
perimeter of the building(s) shall be surrounded on all sides by a
landscaped, planted strip at least three feet in width. Paved walkways
leading to pedestrian entrances may cross this landscape strip in
a perpendicular fashion.
(c)
Use of berming, retaining
walls, trees and other vegetation shall be utilized to the extent
practicable in order to minimize the visual impact of the development
on adjacent properties. Where possible to accommodate an inclusionary
development, existing, mature trees shall remain in place in order
to provide sufficient visual buffering.
[Added 5-5-2000 by Ord. No. 2000-1140]
A.
Permitted uses
are as follows: rental housing meeting the requirements of the Council
on Affordable Housing (COAH), consisting of units affordable to senior
citizens of low- and moderate-income, as defined by COAH, which units
shall be subject to all affordability, marketing and other requirements
of COAH at N.J.A.C. 5:93.[1] Also permitted shall be churches, temples and houses of worship (subject to the provisions of § 400-80) and public and private schools (subject to the provisions of § 400-79).
[Amended 3-9-2004 by Ord. No. 2004-1218; 12-28-2004 by Ord. No. 2004-1229; 1-25-2005 by Ord. No. 2005-1130; 6-14-2016 by Ord. No. 2016-1416]
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
B.
Bulk standards:
|
Item
|
Required
|
|---|---|
|
Building height (maximum)
[Amended 12-28-2004 by Ord. No. 2004-1229] |
3 stories/35 feet
|
|
Lot area (minimum)
|
1 acre
|
|
Building coverage (maximum)
|
35%
|
|
Lot coverage (maximum)
|
67.75%
|
|
Front yard (minimum)
|
12 feet
|
|
Side yard (minimum)
|
8 feet
|
|
Rear yard (minimum)
|
12 feet
|
|
Parking spaces
|
1 per unit, with waivers permissible to as few
as 0.7 per unit
|
|
Density
|
35 per acre
|
|
Frontage
|
None; access only
|
C.
Miscellaneous
requirements.
(1)
No certificate
of occupancy shall be issued for any structure in this zone unless
an instrument in form satisfactory to the Borough Attorney shall have
been recorded in the County Clerk's office memorializing the restrictions
on affordability and other regulations required to be so memorialized
under the COAH regulations.
(2)
Wherever
this chapter refers to the "Council on Affordable Housing" or "COAH,"
it shall be deemed to include the Superior Court of New Jersey whenever
the Court is exercising alternative jurisdiction on matters pertaining
to low and moderate affordable housing within the Borough of Montvale.
Any reference to the "Council on Affordable Housing" or "COAH" shall
also include any successor entity authorized under the laws of the
State of New Jersey to exercise the powers possessed by COAH as of
the date of this chapter. No certificate of occupancy shall be issued
for any structure in this zone until such time as a developer's agreement
has been executed, together with such other documents as may be required
by the Borough's housing plan.
(3)
The Limiting
Schedule[2] shall be and hereby is amended by the addition of the
bulk standards and miscellaneous provisions herein provided for.
[2]
Editor's Note: The Limiting Schedule is included as an attachment to this chapter.
(4)
Where it
can be demonstrated that units are to be occupied by persons who,
due to their age or circumstances, do not need or will not likely
have automobiles, the Planning Board may consider a waiver of the
parking requirement, provided that it shall never be less than 0.7
per unit in the total project and one per unit of units likely to
be occupied by persons who may own an automobile. The Planning Board
may impose such restrictions as appropriate to support any request
for a waiver of the parking requirement.
[Amended 5-29-2018 by Ord. No. 2018-1449]
A.
Any property in the Borough of
Montvale that receives a zoning change, density variance, use variance
or approval of a redevelopment or rehabilitation plan to permit multifamily
residential development, which multifamily residential development
will yield five or more new dwelling units, shall provide a minimum
affordable housing set-aside of:
B.
This requirement shall not apply
to residential development on sites that are zoned for inclusionary
residential development as part of the Borough's Housing Element and
Fair Share Plan, which are subject to the affordable housing set-aside
requirements set forth in the applicable zoning.
C.
This requirement does not, and
shall not be construed to, grant any property owner or developer the
right to any rezoning, variance or other relief, nor does this requirement
establish any obligation on the part of the Borough of Montvale to
grant any such rezoning, variance or other relief.
D.
A property shall not be permitted
to be subdivided so as to avoid compliance with this requirement.
[Added 4-30-2013 by Ord. No. 2013-1374]
The following standards shall apply to development in the Affordable Housing - Planned Unit Development District. All other provisions of Chapter 400, Zoning, of the Montvale Code shall apply to development in the AH-PUD District only where specifically indicated as applicable in this § 400-37 of the Montvale Code. When the standards herein conflict with other provisions of Chapter 400, the standards herein shall apply.
A.
Purpose. The Affordable Housing
- Planned Unit Development District is intended to provide a realistic
opportunity for the provision of low- and moderate-income residential
units, consistent with the purpose and intent of Montvale's adopted
and substantively certified Second Round Housing Element and Fair
Share Plan within the context of an affordable housing planned unit
development, comprising both residential and retail development. AH-PUD
regulations are intended to capitalize on the district's unique locational,
physical and historical characteristics to simultaneously provide
for its first and second round affordable housing obligation coupled
with a lifestyle retail shopping center in which retail services more
appropriate to the established character of the area in which the
two sites encompassed by this Affordable Housing - Planned Unit Development
District are located.
B.
Application requirements. Any
application for development for any portion or the entirety of the
AH-PUD District shall be submitted as a planned development, in the
nature of a preliminary site plan application. Such application shall
describe any phasing of the proposed project, together with all on-site
and off-site improvements needed to support such phases. The application
for preliminary site plan approval may also include a request for
final approvals with respect to such phase or phases. The following
shall apply:
(1)
An Affordable Housing - Planned
Unit Development District development shall be subject to the requirements
of the district and to the mandatory findings for planned development
as required by the Municipal Land Use Law, N.J.S.A. 40-55D-45.
(2)
The AH-PUD shall have both
an affordable residential and a retail component, with a minimum total
land area of 25 acres, of which the affordable residential component
shall occupy no less than 5% nor more than 20% of the total land area,
and of which the retail component shall occupy no less than 80% nor
more than 95% of the total land area.
(3)
The affordable residential component shall provide for a minimum of 32 low- and moderate-income housing units, to be constructed by the Borough of Montvale or by a private, public or nonprofit entity designated by the Borough of Montvale, with adherence to the standards of Chapter 130, Affordable Housing, of the Montvale Code, concerning implementing provisions of affordable housing, so that all such dwelling units shall be certifiable by the New Jersey Council on Affordable Housing or any successor state agency.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
The maximum floor area ratio
of the retail component shall not exceed 0.25.
(5)
Within the retail component, only one anchor retail store shall be permitted. Its associated parking, loading, setback and buffer areas shall occupy not less than 50% nor more than 60% of the land area devoted to the retail component, and no less than 50% and no more than 70% of the total floor area of the retail component. The remaining land area and floor area may be used for all other permitted lifestyle retail uses, as listed in § 400-37C(2)(b).
(6)
No retail uses shall be located
within the AH-PUD District which abut property utilized or zoned for
residential development.
(7)
The anchor retail store shall
be directly accessible from driveways from Mercedes Drive and Grand
Avenue but shall not have its primary orientation towards Grand Avenue.
(8)
The pro rata share of off-site
improvements, including, but not limited to, required roadways, traffic
signals, utilities, lighting, landscaping, sidewalk/curbs and drainage.
(a)
Off-tract improvements.
[1]
When required. Whenever
an application for development requires the construction of off-tract
improvements that are clearly, directly and substantially related
to or necessitated by the proposed development, the Planning Board,
as the case may be, shall require as a condition of final site plan
or subdivision approval that the applicant provide for such off-tract
improvements. Off-tract improvements shall include water, sanitary
sewer, drainage and street improvements, including such easements
as are necessary or as may otherwise be permitted by law.
[2]
Determination of cost.
When off-tract improvements are required, the Borough Engineer shall
calculate the cost of such improvements in accordance with the procedures
for determining performance guaranty amounts in N.J.S.A. 40:55D-53.4.
Such costs may include, but not be limited to, any or all costs of
planning, surveying, permit acquisition, design, specification, property
and easement acquisition, bidding, construction, construction management,
inspection, legal, traffic control and other common and necessary
costs for the construction of improvements. The Borough Engineer shall
also determine the percentage of off-tract improvements that are attributable
to the applicant's development proposal and shall expeditiously report
his findings to the board of jurisdiction and the applicant.
[3]
Improvements required
solely for applicant's development. Where the need for an off-tract
improvement is necessitated by the proposed development and no other
property owners receive a special benefit thereby, or where no planned
capital improvement by a governmental entity is contemplated, or the
improvement is required to meet the minimum standard of the approving
authority, the applicant shall be solely responsible for the cost
and installation of the required off-tract improvements. The applicant
shall elect to either install the off-tract improvements or pay the
municipality for the cost of installation of the required off tract
improvements.
[4]
Improvements required for applicant's development and benefiting others. Where the off-tract improvement would provide capacity in infrastructure in excess of the requirements in Subsection B(8)(a)[3] above, or address an existing deficiency, the applicant shall elect to either install the off-tract improvements, pay the pro rata share of the cost to the Borough, or pay more than its pro rata share of the cost to facilitate the construction of the improvement(s) and accept future reimbursement so as to reduce its payment to an amount equal to its pro rata share. If the applicant elects to install the off-tract improvements or to pay more than its pro rata share of the cost of the improvements, it shall be eligible for partial reimbursement of costs for providing such excess. The calculation of excess shall be based on an appropriate and recognized standard for the off-tract improvement being constructed, including but not limited to gallonage, cubic feet per second and number of vehicles. Nothing herein shall be construed to prevent a different standard from being agreed to by the applicant and the Borough Engineer. The process, procedures and calculation used in the determination of off-tract costs shall be memorialized in a PUD or developer's agreement to be reviewed and approved by the Borough Attorney, who may request advice and assistance from the Planning Board Attorney. Future developers benefiting from the excess capacity provided or funded by the initial developer shall be assessed their pro rata share of off-tract improvement cost based on the same calculation used in the initial calculation. Such future developers shall pay their assessment, plus a 2% administration fee, to the Borough, not to exceed $2,000, at the time of the signing of the final plat or final site plan as a condition precedent to such signing. The Borough shall forward the assessment payment to the initial developer, less any administration fee, within 90 days of such payment.
[a]
If a developer elects
to address the required off-tract improvement(s) by making a payment,
such payment shall be made prior to the issuance of any building permit.
[5]
Performance guaranty. If the applicant elects to construct the improvements, the applicant shall be required to provide, as a condition of final approval, a performance guaranty for the off-tract improvements in accordance with N.J.S.A. 40:55D-53 and § 400-37 above.
[6]
Certification of costs.
Once the required off-tract improvements are installed and the performance
bond released, the developer shall provide a certification to the
Borough Engineer of the actual costs of the installation. The Borough
Engineer shall review the certification of costs and shall either
accept them, reject them or conditionally accept them. In the review
of costs, the Borough Engineer shall have the right to receive copies
of invoices from the developer sufficient to substantiate the certification.
Failure of the developer to provide such invoices within 30 days of
the Borough Engineer's request shall constitute forfeiture of the
right of future reimbursement for improvements that benefit others.
[7]
Time limit for reimbursement.
Notwithstanding any other provisions to the contrary, no reimbursement
for the construction of off-tract improvements providing excess capacity
shall be made after 10 years has elapsed from the date of the acceptance
of the certification of costs by the Borough Engineer.
C.
Principal permitted uses:
(1)
An affordable residential
development comprised of not fewer than 32 low- and moderate-income
units, which may be townhouses, stacked townhouses or apartments.
(2)
A retail component inclusive of Subsection C(2)(a) below and one or more uses from Subsection C(2)(b) below:
(a)
An anchor retail store.
(b)
A lifestyle retail shopping
center, which may include the following uses:
[1]
Apparel and accessories.
[2]
Furniture, home goods
and furnishings, interior design and antiques.
[3]
Horticultural sales,
service and furniture, including outdoor display and/or outdoor dining
areas.
[4]
Sales of picture frames,
books, music, luggage, jewelry, eyeware, stationery, art supplies,
greeting cards and sporting goods.
[5]
Sales of toys, games
and electronic media.
[6]
Camera and photographic
sales and services.
[7]
Sales of electronic
devices.
[8]
Cellular communication
sales and service.
[9]
Art galleries, museums
and movie theaters.
[10]
Theaters and other
venues for performance.
[11]
Restaurants for on-
and off-site consumption.
[12]
Bakeries.
[13]
Delicatessens for
both on- or off-premises consumption.
[14]
Natural food and
supplement stores.
[15]
Day spas and full-service
hair salons.
[16]
Baby and toddler
gyms.
[17]
Pet supplies, excluding
sale of pets, grooming or boarding.
[18]
Financial investment
and travel services, excluding banks.
[19]
Copy, mail and packaging
centers in which all delivery vehicles are properly located in designated
loading areas.
[20]
Office supply not
to exceed 10,000 square feet.
(3)
Parks and open space, farms
and municipal uses.
D.
Permitted accessory uses:
(1)
Off-street parking and loading in accordance with the requirements of § 400-38C(2).
(2)
Signs in accordance with the requirements of § 400-38C(13).
(3)
Street furniture, planters, approved public art elements, gazebos, information kiosks, water features, waste/recycle receptacles, vehicle charging stations and bicycle racks in accordance with the requirements of § 400-38C.
(4)
Recreational and/or open
space facilities, including, but not limited to, walkways, bikeways,
courtyards, plazas and gardens.
(5)
Fences and walls, including retaining walls, subject to the requirements of § 400-38C(9).
(6)
Patios, terraces and decks.
(7)
Landscaping and buffering in accordance with the requirements of § 400-38C(8).
(8)
Stormwater detention facilities.
(9)
Management office for retail
center.
(10)
Lighting fixtures in accordance with the requirements of § 400-38C(12).
F.
Bulk, area and other dimensional
standards.
(1)
The affordable residential
component shall comply with the following dimensional standards for
both principal and accessory structures:
|
Standard
|
Requirement
| ||
|---|---|---|---|
|
Minimums:
| |||
|
Lot area
|
3.0 acres
| ||
|
Lot width
|
150 feet at the front building location
| ||
|
Lot frontage
|
150 feet
| ||
|
Front yard setback (from right-of-way)
|
100 feet
| ||
|
Building setback to property line:
| |||
|
Adjacent single-family residential
|
35 feet
| ||
|
Adjacent multifamily residential
|
75 feet
| ||
|
Minimum perimeter buffer
|
25 feet
| ||
|
Open space
|
50% of lot
| ||
|
Maximums:
| |||
|
Building height (feet/stories)
|
35 feet/2 stories
| ||
|
Floor area ratio
|
0.30
| ||
|
Building coverage
|
15% of lot area
| ||
|
Lot coverage
|
50%
| ||
|
Number of residential dwellings
|
32
| ||
(2)
The retail component shall
comply with the following dimensional standards:
|
Standard
|
Requirement
| |
|---|---|---|
|
Minimums:
| ||
|
Lot area1
|
25 acres
| |
|
Lot width
|
1,000 feet
| |
|
Lot frontage
|
1,000 feet
| |
|
Perimeter setback2
|
50 feet
| |
|
Open space
|
25%
| |
|
Maximums:
| ||
|
Building height (stories)
|
2
| |
|
Building height (feet)3
|
40
| |
|
Floor area ratio
|
0.25
| |
|
Building coverage
|
20%
| |
|
Lot coverage (impervious surfaces)
|
50%
| |
|
Lot coverage (including pervious surfaces)4
|
75%
| |
|
NOTES:
|
|---|
|
1Any land area dedicated or reserved
for public use as a condition of site plan approval (such as right-of-way
dedication) shall be considered as part of the AH-PUD development
area as if it was not so dedicated for the purposes of this chapter,
including, but not limited to, the establishment of required lot area
setbacks, yards, building coverage, lot coverage density and floor
area ratio.
|
|
2 To center line of adjoining street.
|
|
3 One clock tower on the anchor retail
store may exceed the maximum permitted building height by no more
than 40 feet.
|
|
4 The maximum impervious lot coverage
shall be 50% utilizing standard impervious parking techniques for
all paved surfaces. However, alternate porous paving system and vegetative
"green" roof areas may be used to attain a total lot coverage of 75%,
with no more than 50% of the lot coverage being impervious surface
and up to an additional 25% of the lot coverage being pervious paving
surfaces and green roof areas. Pavers over pervious base or turf blocks
shall only be utilized for pedestrian and biking surfaces, overflow
parking areas or emergency-only access driveways. Porous pavement,
suitable for more general and heavier-use vehicular surface applications,
is also acceptable. Upon approval, an approved, bonded maintenance
plan incorporating best management practices shall be required for
all pervious paving surface areas to minimize siltation of porous
paving areas.
|
G.
Responsibilities of the developer
and the Borough for development of the low- and moderate-income housing.
(1)
Upon receipt of the building
permit for the first phase of development of the retail uses, the
developer shall transfer to the Borough of Montvale, in exchange for
nominal compensation, the lots designated as "Block 1002, Lots 3 and
5." Such lots shall be reserved by the Borough of Montvale for the
construction of affordable housing in accordance with the provisions
of this chapter.
(2)
Upon transfer of Block 1002,
Lots 3 and 5, to the Borough, the developer of the retail uses shall
be deemed to have entirely fulfilled its obligations under this chapter
concerning the creation of low- and moderate-income housing. Actual
construction of low- and moderate-income housing on Block 1002, Lots
3 and 5, shall be solely the responsibility of the Borough or other
private, public or nonprofit entity designated by the Borough. The
developer's right to construct and occupy retail uses shall not depend
in any way on the progress made by the Borough towards constructing
low- and moderate-income housing on Block 1002, Lots 3 and 5.
(3)
The application to the Planning
Board for preliminary site plan approval of the PUD may show the retail
uses and the low- and moderate-income housing as separate phases of
the PUD. The developer of the retail uses and the Borough or its designee
may separately and independently apply for, and be granted, final
site plan approval for the retail uses or the low- and moderate-income
housing.
H.
Additional applicable provisions
to the AH-PUD District. All of the following articles and sections
of this chapter of the Code of Montvale shall apply to development
in the AH-PUD District.
(3)
An affordable housing component shall comply with the requirements of Chapter 130, Affordable Housing, the implementing provisions of affordable housing, except that, wherever the Uniform Housing Affordability Controls (UHAC) and the Substantive Rules of the Council of Affordable Housing override such controls, the UHAC and COAH rules shall apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
I.
Additional chapters with application
to development in the AH-PUD District. All other chapters of the Montvale
Code shall apply to development within the AH-PUD District.
[Added 4-30-2013 by Ord. No. 2013-1374]
A.
Site plan review for development
in the AH-PUD District. Site plan review for all development within
an AH-PUD District shall follow the procedures and requirements as
set forth in this section.
B.
Design standards for residential
development in the AH-PUD District.
(1)
Circulation.
(a)
One vehicular entrance
to the project site is permitted. Pedestrian sidewalks shall be provided
to link all building entries through the site to the public street
or streets on which the lot fronts. Sidewalks shall also be provided
along the public right-of-way.
(2)
Off-street parking.
(a)
All off-street parking
shall be surface parking. No parking spaces may be located within
150 feet of Summit Avenue. The end of the parking lot shall include
a loop to enable vehicles to turn around.
(b)
The number of parking
spaces required shall be in compliance with New Jersey's Residential
Site Improvement Standards (RSIS).
(3)
Landscaping.
(a)
A mix of deciduous and
evergreen trees and low ground cover landscaping shall be planted
along the entire site perimeter in order to form an effective year-round
screening. Tree spacing shall be 40 feet on center, or closer. In
addition, where a row of parking stalls runs in a straight line for
more than 20 spaces, landscaped islands shall be provided between
every 15 parking spaces, planted with trees and low ground cover.
(b)
The perimeter of the building
shall be surrounded on all sides by a landscaped, planted strip at
least four feet in width. Paved walkways leading to pedestrian and
loading entrances may cross this landscape strip in a perpendicular
fashion.
(c)
An open space component
consisting of a small playground or tot lot shall be provided on site,
of at least 600 square feet. A location adjacent to the building is
encouraged, so that children do not have to cross the parking area
or circulation lanes in order to reach the playground.
(4)
Building massing.
(a)
One residential structure
is permitted. The building's front facade shall face towards the primary
parking area.
(b)
As viewed from the front
and back facades, the building mass shall be broken into four bays,
namely, two large central bays and two smaller side bays. Each of
the larger bays shall be no more than 80 feet wide, while the smaller
bays shall be no more than two stories high and no more than 50 feet
wide. The larger bays shall have a cross-gabled roof form for further
visual emphasis.
(c)
As viewed from the front
façade, the four bays shall be separated and delineated by
circulation hallways/staircases. On the front façade, such
circulation areas shall be either open-air "breezeway" style or located
within an enclosed mass that shall be offset from the adjacent exterior
walls on either side to provide surface articulation and shadow on
the façade. The rear façade shall utilize the same offset
in the exterior walls to provide surface articulation and shadow on
the façade.
(d)
The building is permitted
two full stories and a partial story above the second story, provided
it does not exceed 35 feet in height. The maximum numerical height
shall be measured to the midpoint of the vertical distance between
the ridgeline and eaves of the main hipped roof form for each of the
four bays. A third living floor shall be permitted only in the middle
two bays of the building and shall not exceed 70% of the total floor
area of the floor below, not including common stairway elements.
(e)
Each of the four bays,
in turn, shall be broken into three sections on both the front and
rear façades. To constitute a "section," the relevant building
mass shall be defined by a change in depth plane (with respect to
adjoining sections of façade) of at least one foot and at least
one of the following two methods: framed by gutter downspouts; or
clad in a contrasting material, color, texture, or pattern. The change
in depth plane is not required at the first floor. The center section
of each bay shall also have a centered gable with pediment.
(f)
The middle of the building
shall be clad in high-quality horizontal siding with traditional clapboard
or "shake" forms. The middle shall be separated visually from the
top of the building by a belt trim between the second and third floors.
Belt trim shall be provided between the first and second floors of
all bays. Belt trim shall be of sufficient depth and height to create
a visual and dimensional break, and shadow line, between the façade
areas above and below.
(g)
The third floor, where
permitted in the central section, shall have a sloping roof.
(h)
Roofs shall have varying
fascia heights and turned gables. The largest portion of the roof
shall have a hipped form with a ridgeline. Cross gables are required
at each of the two largest central bays. Smaller cross gables are
encouraged in all four bays. The center of the roof shall be marked
with a cupola, whose height shall be excluded from the maximum permitted
height calculation. The minimum hip roof slope is 5:12 rise:run; the
minimum roof slope for a turned-end gable is 7:12 rise:run.
(5)
Transparency.
(a)
Ground-level units are
encouraged to have individual, townhouse-style entrances in the front
façade of the building. Three shared pedestrian entries to
the building are required in the front façade, facing the parking
lot. The entries shall lead to interior shared hallways and staircases
that lead to upper-level units and optionally to ground-level units.
(b)
As measured at each level
of the façade, windows shall occupy at least 20% of the façade
area. No blank portion of façade may exceed 10 feet in width.
(c)
Windows shall be vertically
proportioned; however, larger window openings may be created by pairing
or tripling vertical windows, with mullions between them. Windows
shall be single-hung or double-hung. In order to create shadow lines
that create a visual depth and richness in the façade, the
following detailing is required:
(d)
Balconies are permitted,
though not required.
(6)
Building materials.
(a)
Materials should be applied
consistently and with the same level of detail on the primary front
elevation and the primary side elevation which faces Summit Avenue.
Decorative window trim is not required on the two subordinate elevations
(rear and side facing the Garden State Parkway). Changes in material
should occur at a structurally logical break point and should not
appear pasted on. Stone and brick and similar materials should not
be used above visually lighter-weight cladding such as stucco or wood.
(b)
Placement of any PTAC
(packaged terminal air conditioner) units within the façade
should be part of a larger, architecturally cohesive façade
design, if necessary flanked with symmetrical framing or grilles,
rather than arbitrarily placed punched openings. Any logos or lettering
exceeding two inches in height and which appears to be visually obtrusive
on the exterior of PTAC units shall be removed or covered with a grill
or similar means so that the PTAC unit blends unobtrusively into the
surrounding façade.
(7)
Equipment and loading.
(a)
All rooftop mechanical
equipment shall be screened from view from all vantage points at or
below the level of the roof, using materials harmonious to the overall
building design.
(b)
Loading areas and trash/recycling
storage areas should be enclosed on all four sides and screened using
wood fencing or other attractive material.
C.
Design standards for retail development
in the AH-PUD District.
(1)
Circulation.
(a)
A maximum of four vehicular
connection points to surrounding streets is permitted, as follows:
[1]
One entry drive shall
run in an easterly direction from, and generally at right angles to,
Mercedes Drive. This entry drive shall provide access to both the
anchor retail parking area and lifestyle retail store parking areas.
[2]
One entry drive shall
be from a roundabout providing right-in, right-out traffic movements
onto Grand Avenue West. The roundabout shall provide direct access
into the lifestyle retail center and also link to the anchor retail
parking area.
[3]
One entry drive shall
be from Mercedes Drive into the southern edge of the anchor retail
parking field.
[4]
One entry drive shall
be from Phillips Parkway.
(b)
No vehicular circulation
within the project is permitted to link the retail portion served
by Phillips Parkway and the remaining lifestyle retail center or anchor
retail, due to the change in grade.
(c)
Dropoff areas shall be
identified by sidewalk bulb-out projections, textured paving, or pavement
markings and shall be located at public activity areas and/or main
building entrances.
(d)
A continuous loop of sidewalks
is required along the entire site perimeter. Specifically, sidewalks
shall be provided along the entire street-facing outer frontage of
the site, along Mercedes Drive, Grand Avenue West, and Phillips Parkway.
A sidewalk is also required along the portion of the site that adjoins
the Borough Municipal Building, the park and other properties.
(e)
In addition, sidewalks
and/or walkways shall link all buildings of all portions of the lifestyle
retail center and anchor retail store to perimeter sidewalks of all
adjoining streets.
(f)
The sidewalk(s) crossing
steep grades shall incorporate switchbacks as necessary to maintain
a walkable grade.
(g)
Where sections of sidewalks
branch off or join up, a decorative marker, signpost, or circle is
recommended. Where sidewalks traverse vehicular driveways, crosswalks
shall be provided and marked with textured paving in a contrasting
material and color.
(h)
All sidewalks at the site
perimeter and interior shall have a minimum clear paved walking width
of at least five feet; however, sidewalks in front of all retail storefronts
and in other areas with high pedestrian traffic shall have a minimum
clear paved walking width of at least seven feet and shall include
decorative paving materials, rather than plain concrete.
(i)
The quantity of benches
shall be determined by calculating the number of benches if placed
at least every 200 feet in central shopping areas, and every 500 feet
in other areas, along all site sidewalks, except along perimeter streets.
The actual location of the required number of benches shall be determined
and approved by the Planning Board at the time of the site plan. The
planting of shade trees to provide shade for such benches is strongly
encouraged.
(j)
Sidewalks adjacent to
streets or circulation drives shall also include a landscape strip
(built at a lower elevation than the paved area, to allow for water
flow) with street trees, grass, and low plantings that serve as water
storage and infiltration. Where street trees are thus required, they
shall be planted no more than 40 feet apart, on center, on average,
with variation permitted for curb cuts, utility vaults, and other
site conditions.
(k)
The overall site shall
provide a total of at least six electric vehicle charging stations
within the site and at least in two different locations.
(l)
Bike racks shall be provided
in clear view of storefront entrances, with at least 1 bike space
for each 10,000 square feet of gross floor area, and served with night
lighting.
(m)
Any off-street bicycle
paths within or at the perimeter of the site should be at least seven
feet wide.
(2)
Off-street parking.
(b)
The following parking
ratios shall apply to development within the AH-PUD District:
[1]
Anchor retail store:
five spaces per 1,000 square feet of gross floor area.
[2]
Lifestyle retail uses:
five spaces per 1,000 square feet of gross floor area.
[3]
Horticultural sales,
services and furniture and accessory and related uses contained therein:
four spaces per 1,000 square feet of gross floor area.
(c)
Where the anchor retail
store and lifestyle retail uses share access and parking spaces, the
required ratios above may be lowered by the Planning Board, based
upon a shared parking analysis which demonstrates that the combined
peak parking demand can be satisfied for those shared parking facilities
at a lower combined ratio.
(3)
Open space.
(a)
The lifestyle retail center
shall have at a minimum three "signature open spaces" that serve as
pedestrian gathering spaces and focal points for the development.
[1]
Signature Open Space
A shall be located along the northern side of the site, shall include
the roundabout having access from Grand Avenue West, and shall extend
south towards the anchor retail store. This open space shall be configured
for active use by shoppers and visitors to both the anchor retail
store and other lifestyle retail stores and shall include seating
areas in shade and sun, areas landscaped with low plantings, open
grassy lawn areas, trees, a shade structure such as a trellis or arbor,
and a tall architectural feature. Chairs and tables for casual/takeout
outdoor dining, and a water feature, are encouraged as well.
[2]
Signature Open Space
B shall be located at the corner of Mercedes Drive and Grand Avenue
West. This space shall be designed more as a visual amenity (rather
than for intensive pedestrian use) but shall be accessible from sidewalks
along both streets. It shall include a tall architectural feature,
project signage, a variety of landscaping, and benches or low walls
for seating.
[3]
Signature Open Space
C shall be located adjacent to the pedestrian building entry for the
lifestyle retail stores accessible only from Phillips Parkway. This
open space shall include seating areas, low plantings, a shade structure
such as a trellis or arbor, and trees and may be combined with outdoor
display areas and/or outdoor dining.
(b)
In Signature Open Spaces
A and B, the architectural feature shall be at least 20 feet tall
but no taller than 45 feet in height and have an agricultural or rural
theme, such as an old-fashioned windmill, a grain silo, or a water
tank.
(c)
The signature open spaces
shall support periodic events associated with the retail uses of the
site. Examples of such events shall include outdoor dining, sidewalk
sales, seasonal promotions, movie nights, and periodic events.
(4)
Building sizes.
(a)
The anchor retail store
shall be provided as a standalone single building and shall not be
attached to any other retail buildings.
(b)
In the lifestyle retail
component, several retail buildings shall be permitted. However, no
single building shall be less than 4,000 square feet nor more than
25,000 square feet in size.
(c)
The minimum height of
the front façade of all buildings in the lifestyle retail component
shall be 15 feet.
(d)
In the lifestyle retail
component, the maximum building width shall not exceed eight times
the height of the building.
(5)
Building orientation.
(a)
The following requirements
govern what direction or landmarks the primary pedestrian entrance(s)
of each of the buildings in each part of the retail center shall face
(the "frontage").
[1]
The anchor retail store
shall face Mercedes Drive and be located behind the primary parking
field.
[2]
The lifestyle retail
buildings located closest to Mercedes Drive and Grand Avenue shall
face a central parking field. The largest retail building of the lifestyle
center shall be located at the north end of the parking field. Smaller
buildings shall generally flank the east and west sides of the parking
field, facing towards the parking.
[3]
Retail buildings accessible
only from Phillips Parkway shall be sited near the corner of Grand
Avenue West and Phillips Parkway, while the parking field shall be
at the rear, behind the buildings with respect to the streets.
(6)
Building massing and articulation.
(a)
Building form and massing
should suggest a development that grew over the years, with larger
buildings broken down into smaller masses. Building roof mass shall
be broken up by towers, steeples, gables, shed dormers, and similar
elements.
(b)
The primary façade
of a building faces the largest parking area serving that building.
Within that façade, the primary pedestrian entrance shall be
provided, and it shall have the highest amount of both horizontal
and vertical articulation (discussed further below), architectural
detailing, and variation in massing. The façade facing the
public street shall provide horizontal and vertical articulation as
well as architectural detailing.
(c)
The side façades
of a building, as defined with respect to the primary façade,
may have a lesser level of detailing and variation in massing. Specifically:
[1]
No more than one side
façade may include a loading and service area. Except those
buildings intended to resemble a barn, the loading/service façade
shall include vertical articulation to establish a middle and top.
Glazing (windows) is not required.
[2]
Where a side façade
does not include a loading area, display windows shall be provided
within at least the front 20 feet of the side façades. For
the anchor retail store, this shall apply only to that façade
which faces a public street. Such side façade shall also provide
vertical articulation to establish a base, middle, and top.
(d)
The rear façade
of a building, as defined with respect to the primary façade,
shall include vertical articulation to establish a base, middle, and
top. Rear façades are not required to have horizontal articulation
according to the bay definition below, except that the rear façade
of any building that backs onto the required Signature Open Space
A shall meet the bay definition.
(e)
Except for the anchor
retail store and those buildings intended to resemble a barn, the
base of all buildings shall be defined as at least the lowest three
feet and may extend into a second story. For such buildings, the base
shall be highlighted with a contrasting material that is heavier in
appearance than the main façade cladding, such as a stone base
below a wood façade, or a wood base below a glass façade.
Simulated wood and cultured stone are acceptable substitutes for the
above materials. The base shall project outwards from the middle of
the building by at least three inches. The top of the base cladding
shall be capped with a coping, cornice, or other dimensional transition.
(f)
No cantilevered projections
above the ground floor are permitted. Any porches or arcades are to
be supported by columns with traditional base and capital expression.
(g)
The middle of buildings
shall have wood clapboard or simulated wood clapboard, running vertically,
or in a board and batten pattern siding, or stone or unit masonry,
or glass greenhouse-style panes in a metal frame.
(h)
The "top of buildings"
shall be defined as the roof and/or roofline. The roof shall be detailed
according to specific requirements associated with the roof form,
discussed elsewhere.
(i)
A "bay" is required to
be distinguished from adjacent portions of the facade by some of the
following four elements:
(j)
Buildings narrower than
80 feet in front facade width are not required to define bays.
(k)
Buildings having less
than 25,000 square feet of floor area and measuring equal to or greater
than 80 feet in front facade width shall have front façades
divided into at least three bays, with the bays distinguished according
to the requirement above.
(l)
The anchor retail store
shall also be subject to the following requirements:
[1]
The front façade
shall be divided into at least three bays, with the bays distinguished
according to the requirement above. Furthermore, the central bay shall:
[a]
Include a prominent
pedestrian entrance.
[b]
Have the largest
amount of detailing and articulation, with a tripartite division with
side-gabled and front-gabled components.
[c]
Be the equivalent
of two stories in height, plus additional height from gabled roof
accents, and shall be taller than its flanking bays.
[d]
Have windows, window
articulation or other similar articulation on both floors; eyebrow
windows are recommended under the eaves in the middle section of the
central bay.
[2]
The front façade
shall be further highlighted architecturally with all of the following
required elements: a tower or steeple element, a corner or side entrance,
retail signage, and contrasting materials.
[3]
Each of the three or
more bays in the front facade shall include further architectural
detailing to break up the width into a series of small subbays, using,
at a minimum, a change in both materials and fenestration pattern.
(m)
Retail businesses shall
have individual entries at grade facing walkways. Internal mall-style
entries are prohibited.
(n)
Building pedestrian entries
shall be highlighted architecturally through massing and architectural
features, not merely punched into the facade. The anchor retail building
should have at least three entries in the primary and/or side facade.
(o)
The first level of primary
facades of all retail buildings, except for the anchor retail store,
shall have clear, transparent, nontinted glazing occupying at least
80% of the facade width and at least 8 feet of height.
(p)
Roofs of all buildings
shall be one of following forms: gable, gambrel, barrel-vault, or
flat.
[1]
Gable and gambrel roofs
may cover the entire roof area or just the front portion. If covering
the entire roof area, the peak of the gable roof must still comply
with maximum height regulations of the zone. If only covering a portion,
the pitched roof mass shall extend back from the front façade
at least 15 feet for buildings less than 100 feet in width and at
least 25 feet for buildings over 100 feet in width. Gable and gambrel
roof forms shall be accented by cross-gables, shed roof dormers, or
gabled dormers. A simple cornice, coping, or parapet-style roofline
is acceptable along side and rear facades, behind the required front
pitched roof form.
[2]
Barrel-vaulted roof
forms may be used, but only if they comprise the entire building roof.
[3]
Gable and gambrel roof
forms should have multiple variations in depth and height that relate
to the façade bay massing below.
[4]
Flat or shed roofs
shall have simple cornices or parapets along all facades.
[5]
Buildings in the lifestyle
center accessible only from Phillips Parkway are encouraged to have
barrel-vaulted roofs.
(q)
Roof accent forms that
are gabled shall have minimum slope of 9:12 rise:run. If the entire
roof is gabled, minimum slope is 5:12 rise:run. Gambrel roofs shall
have a total rise:run slope of 6:12 or steeper, measured from the
eaves to the peak. Barrel-vaulted roofs shall have a total rise:run
slope of 1:3 or steeper, though of course the overall form is curved.
(7)
Materials and style.
(a)
Building and site detailing
shall follow one or more of the following vernacular design themes:
early industrial revolution, equestrian, farm, or rural village.
(b)
The suggested building
material palette includes stone or cultured stone, horizontal and
vertical siding in barn red and other rural/agricultural colors, aluminum
and weathered metal, and weathered wood boards.
(c)
Buildings with gable or
gambrel roofs shall have vertically or horizontally lapped siding
as the primary facade material, in addition to glazing. Roofs on these
buildings shall be metal standing-seam, shingled, or synthetic slate.
Sliding barn-style doors are encouraged for gambrel-roofed buildings.
Pitched roof forms should be accented with weather vanes, cupolas,
or ventilators.
(d)
Buildings with barrel-vaulted
roofs are encouraged to have fully glazed, greenhouse-style primary
façades (with multiple panes of glass) with awning-style pivot
windows and roll-up, multipaned, fully glazed, garage-style doors.
(e)
Site features should relate
to the design theme. For example, early machinery, horseshoes, bridle
bits, metal or wooden buckets, braided leather, hand-pumped water
pumps, white wood fences, weathered wood, dry-laid stone walls, watering
troughs, antique farm equipment and implements and hand tools. Site
furnishings (such as seating and trash receptacles) shall have a palette
of weathered wood and rough-hewn metals, such as cast iron, patinaed
copper or brass, and galvanized metal, or COR-TEN® steel.
(f)
Except for those buildings
with their rear walls located within 30 feet of a retaining wall of
at least eight feet in height, and the anchor retail building, every
building shall exhibit the same type and detailing of building materials
on all sides. On the anchor retail store, the rear façade up
to a height of 14 feet may have a different finish.
(8)
Landscaping.
(a)
Evergreen trees and shrubs
per the 2012 USDA Plant Hardiness Zone for Montvale shall be utilized
to screen all unwanted views into the site, including, but not limited
to, delivery, loading/unloading areas, refuse storage areas, retaining
walls, grade changes and parking lots. Group plantings, rather than
hedge plantings, are encouraged for screening purposes.
(b)
Landscaping around buildings
and in smaller open spaces scattered throughout the site should be
planted with the purpose of visually enhancing the buildings or open
spaces in which they are located and shall contain a variety of plantings
that are attractive during all seasons, throughout the year.
(c)
Rain gardens, which function
as landscaped open space while serving as detention/filtration basins,
are encouraged and should be planted with wildflowers or crown vetch
in combination with groupings of water-tolerant evergreen trees and
shrubs, flowering trees and shrubs, or a combination of all, so as
to be visually attractive throughout all four seasons.
(d)
The following native plantings/horticultural
materials shall be utilized:
[1]
Shade trees of the
following types are strongly encouraged: oaks, maples, plane, beech
and hornbeam. In those cases where shade trees are to be provided
in limited spaces, columner/fastigata varieties are also acceptable.
[2]
Ornamental/flowering
trees, to be utilized in designated open spaces in particular, and
on scattered open spaces, should be of disease-resistant varieties
wherever possible, as well as proven to be hardy per the USDA Plant
Hardiness Zone Map, including but not limited to kousa dogwood, purple
leaf plum, eastern redbud, and river birch.
[3]
Evergreen and deciduous
shrubs shall be of deer-resistant varieties to the extent possible.
[4]
All lawn areas shall
be sodded or seeded, and all landscaped areas comprising an area of
greater than 150 square feet shall be irrigated.
(e)
Trees shall be planted
in rows along both sides of internal streets and major vehicular circulation
drives to evoke traditional windbreaks (rows of wind-blocking trees)
along farm entry drives and between fields. In parking areas having
over 20 spaces, trees shall be planted orchard-style, spaced regularly
across the parking lot, at the rate of at least one tree for every
20 spaces. While trees should draw from a uniform palette in each
area, trees in contrasting, eye-catching flower and/or leaf colors
are recommended as focal points.
(9)
Fences and walls.
(a)
In general, fences and
walls shall be designed to evoke an equestrian, rural, farm theme,
the materials and styles of which are consistent with the building
design and other accessory structures and design features that are
provided on site.
(b)
Retaining walls may be
of the manufactured type, such as colored concrete that resembles
indigenous natural stone, and a color palette that is consistent with
the vernacular geomorphology.
(c)
To the extent possible,
the use of retaining walls should be used in the form of terraces
to accommodate severe grade changes, rather than single tall retaining
walls. However, no retaining walls shall exceed a height of 15 feet.
Where provided, retaining walls shall be screened with a variety of
landscaping materials, in groupings, rather than utilizing hedges
or uniform plant species and spacing.
(d)
Ornamental walls utilizing
loose-laid stone may be provided throughout the site as appropriate,
up to a height of four feet.
(e)
Fences shall be planted
along the tops of all retaining walls that exceed a height of three
feet. Chain-link fencing, including vinyl-coated chain-link fencing,
is prohibited. Except when needed for screening or fall protection,
fences on top of retaining walls should be of a three-rail type, such
as those used predominantly by farmers in the Montvale area. Such
rails should be of wood, or of manufactured material (such as concrete),
with either post or column support, and the color and design of which
closely resemble wood. Other fencing on the site, such as along the
entry drive from Mercedes Drive and along the site perimeter or within
the site, should be of a two-rail type, with pillars for support,
utilizing the same materials and color as that of the three-rail type,
that is, the type that closely resembles wood. Where the Planning
Board determines a solid screen or fall protection is required, a
solid fence of the same material as a split-rail fence may be permitted.
(f)
Fences around dumpster
areas and other building features that require 100% fully opaque screening
or, for fall protection, shall also utilize wood or manufactured materials,
the color and design of which closely resemble wood.
(g)
No fence on the site may
exceed a height of four feet, except for fences for the screening
of loading areas and dumpsters.
(10)
Loading and storage.
(b)
Truck loading/service
bays for the anchor retail store shall be at the rear of the building,
facing east. Truck circulation shall be designed to use the perimeter
of the anchor retail's parking field and shall not cross the primary
pedestrian access routes between its parking field and the anchor
retail store.
(c)
Truck loading/service
areas for the lifestyle retail center buildings accessible from Mercedes
Drive and Grand Avenue are prohibited at the front facades of buildings
and should be located at the sides of most of buildings. Truck loading/service
areas at the rear of buildings in this area are prohibited because
they would face streets at the project perimeter.
(d)
Truck loading/service
areas for the lifestyle retail building(s) accessible only from Phillips
Parkway shall be at the side or rear of buildings, or at one end of
the parking lot, in either case largely hidden from view of Grand
Avenue West and Phillips Parkway behind the buildings.
(e)
For the anchor retail
store, truck loading/service areas shall be well-screened to a height
of 14 feet by the use of appropriate walls, fences and landscaping
so as to obscure their view from adjacent streets and from within
the retail center.
(11)
Mechanical and utilities.
(a)
Rooftop equipment shall
be enclosed with screen walls so that it is not visible from adjacent
municipal streets. Screen walls shall be of materials complementary
to the form and expression of the building.
(b)
All wireless communications
equipment, including satellite dishes, shall be mounted in such a
way as to not negatively impact the appearance of the building nor
create objectionable views from surrounding structures.
(c)
Pad-mounted equipment,
machinery and the mechanical controls for same, if permitted by the
utility company, including, but not limited to, transformers, junction
boxes, lift stations, electrical meters, condensers, and signal boxes,
shall be interior to the block, set back at least 20 feet from the
public right-of-way, or masked by building elements in a manner consistent
with the design of the building.
(d)
A wall of venting for
mechanical rooms shall not be permitted along façades facing
streets, pathways, and open spaces.
(e)
All internal utility
connections internal to the site shall be underground.
(12)
Green building and site
design.
(a)
The lifestyle retail
building closest to the intersection of Grand Avenue and Mercedes
Drive shall have a green, vegetated roof.
(b)
Low-impact development
(LID) methods shall be used to slow runoff and provide on-site storage,
detention, and infiltration solutions, per New Jersey requirements
for stormwater management. Bioretention solutions, such as extended
detention vegetated ponds, rain gardens, and drainage swales, shall
be integrated into landscape design to intercept stormwater runoff.
Pedestrian gathering spaces should use a variety of surfaces, including
unit pavers on sand, paver inserts or grass inserts framed by concrete,
DG (decomposed granite), or similar gravel surface that allows water
to infiltrate.
(c)
Light-emitting diode
(LED) and/or metal halide lighting shall be incorporated into site,
service, and parking lot lighting.
(d)
All exterior lighting
shall be designed so as to reduce glare, lower energy usage, and direct
lights only to where they are needed.
(13)
Signage.
(a)
Signs permitted within
the retail component of the AH-PUD District shall be only those specified
in the table below.[1]
[1]
Editor's Note: The retail signs table is included as an attachment to this chapter.
(b)
Additional sign requirements.
[1]
Only external illumination
shall be permitted for all non-wall-mounted signs, utilizing traditional
vernacular ornamental lighting fixtures. Wall-mounted signs may be
individual, channel-cut letters with internal illumination, or through
LED backlighting of metal letters.
[2]
Each primary monument
sign permitted shall be limited to the name of the shopping center,
the anchor tenant, and two additional tenants. The entrance monument
sign shall be limited to the name of the shopping center and one tenant.
All other signs, including wall signs, shall be limited to identification
of the tenant only and may include corporate or brand name logos.
[3]
No individual sign
may exceed three colors, including black and white, except for wayfinding
directory signs and projecting signs. Projecting signs shall be mounted
no less than eight feet and no more than 15 feet above grade to the
top of the sign, shall project no more than four feet from the wall,
and shall be composed of wood, wrought iron or metal.
[4]
Awnings and canopies
are permitted but shall not be used for signage purposes nor contain
any letters, numbers, logos or the like. No vinyl or white awnings
shall be permitted; their design shall be consistent with the overall
rural agricultural design theme of the center. Awning panels shall
be flat or sloped but shall not be fluted or curved.
[5]
Monument signs shall
utilize brick, stone, metal and wood, or materials which closely resemble
those natural materials, and no stucco, plastic or masonry block shall
be used. A solid base surrounded by appropriate ornamental plantings
shall be provided. No monument sign shall be located in sight triangles.
[6]
No accessory structures,
street furniture or outdoor design features, such as windmills, silos
or old farm equipment, shall have any signage mounted or painted on
them.
[7]
In addition to the
signs above, a tenant may also be permitted to install a sign or signs,
limited to demonstrate or evidence membership in a retail or professional
organization or credit card or credit association or plan or to show
manufacturers' or required licenses, which signs shall be permitted
to be attached to windows on the interior of the business use, provided
that the aggregate area employed for such purpose shall not exceed
5% of the total window area.
