[Added 11-14-2019 by Ord.
No. 45-19; amended 10-8-2020 by Ord. No. 24-2020]
The purpose of the RM-6 Residence District is to promote and
encourage the redevelopment of the zone for inclusionary multifamily
rental development in accordance with the Township's 2019 Housing
Element and Fair Share Plan and the settlement agreement entered into
between the Township and 25-35 Airport Road and 45 Airport Road, LLC,
last executed on April 5, 2019, and the first amendment thereto, last
executed May 18, 2020, and thereby help to address the fair share
housing obligation of the Township of Hanover under the New Jersey
Fair Housing Act ("FHA"), applicable Council on Affordable Housing
("COAH") regulations, the settlement agreement entered into between
the Township and Fair Share Housing Center ("FSHC") last executed
on March 7, 2019, and the first amendment thereto, dated June 2, 2020,
and the Township's Housing Element and Fair Share Plan.
The following principal uses and structures shall be permitted
in the RM-6 Zone District:
Permitted accessory uses in the RM-6 Zone District shall be
limited to those uses customarily incidental to the permitted principal
use in the district. These may include, but are not limited to:
A.
Surface parking areas and driveways.
B.
Clubhouses.
C.
Recreational facilities and other amenities for the sole use
of residents of the development and their guests. Such uses may be
included within a monthly fee or be offered on a fee-for-service basis.
D.
Administrative offices and storage spaces necessary for the
administration of a rental community. A full-scale or reduced-size
model unit may be provided, which shall not count toward the total
number of residential units, shall not be used for residential occupancy,
and shall be utilized solely for prospective tenants to view.
E.
Garages, attached to or detached from a principal building.
F.
Storage buildings.
G.
Signs.
H.
Other accessory uses and structures that are customarily incidental
to a permitted principal use, unless specifically prohibited herein,
by this chapter or by other applicable law.
Uses prohibited in the RM-6 Zone District shall include the
following:
A.
All multifamily residential developments constructed in the
RM-6 Zone District shall be required to set aside a minimum percentage
of units for affordable housing. The minimum set aside shall be 15%
of the total number of units in the development, which shall be provided
as non-age-restricted affordable rental units.
B.
All affordable units to be produced pursuant to this section shall comply with the Township's Affordable Housing Ordinance at Chapter 72 of the Township Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, the Township's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the court, including a judgment of compliance and repose order. This includes, but is not limited to, the following requirements for all affordable units:
(1)
Low-moderate-income split: A maximum of 50% of the affordable
units shall be moderate-income units and a minimum of 50% of the affordable
units shall be low-income units. At least 13% of all restricted rental
units shall be very- low-income units, which shall be counted as part
of the required number of low-income units within the development.
(2)
Bedroom mix. The following bedroom mix shall apply:
(a)
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total low- and moderate-income
units;
(b)
At least 30% of all low- and moderate-income units
shall be two- bedroom units;
(c)
At least 20% of all low- and moderate-income units
shall be three-bedroom units; and
(d)
The remaining units may be allocated among two-
and three-bedroom units at the discretion of the developer.
(3)
Deed restriction period. Each affordable rental unit shall remain
subject to these affordability controls, covenants, conditions, deed
restrictions, and the applicable affordable housing regulations for
a minimum period of at least 30 years. At the conclusion of the thirty-year
term, the affordability controls, covenants, conditions and deed restrictions
shall not automatically expire. At the conclusion of the thirty-year
term, the Township reserves the right to exercise the option to extend
the affordability controls, covenants, conditions and deed restrictions
for an additional period of time by formal adoption of a resolution;
or exercise any other option(s) available to the Township to preserve
the affordability controls as set forth in UHAC or any other applicable
statute, regulation or law that may be in effect at that time. At
the conclusion of the thirty-year term, the Township shall be afforded
a reasonable amount of time not to exceed 120 days to exercise this
option to preserve and extend the affordability controls, covenants,
conditions and deed restrictions; or to release the affordable unit
from such requirements by formal adoption of an ordinance taken in
compliance with N.J.A.C. 5:80-26.11(e) or any other applicable statute,
regulation or law that may be in effect at that time.
(4)
Administrative agent: All affordable units shall be administered
by a qualified administrative agent paid for by the developer.
(5)
Other affordable housing unit requirements: Developers shall
also comply with all of the other requirements of the Township's Affordable
Housing Ordinance, including, but not limited to: 1) affirmative marketing
requirements; 2) candidate qualification and screening requirements;
3) integrating the affordable units amongst the market-rate units;
and 4) unit phasing requirements. Developers shall ensure that the
affordable units are dispersed between all of the buildings on its
site, and shall identify the exact location of each affordable unit
at the time of site plan application.
In addition to any other applicable requirements of this chapter,
the following requirements shall apply to development within the RM-6
Zone District:
A.
Minimum tract area: 24 acres.
B.
Maximum number of housing units: 325 units.
C.
Maximum building coverage: 20% of the gross lot area.
D.
Maximum improvement coverage: 50% of the gross lot area.
E.
Maximum building height.
(1)
Principal buildings. No principal building shall exceed a height
of 60 feet and four stories.
(2)
Accessory buildings. Any permitted community center/clubhouse building shall not exceed two stories and 30 feet. Detached garages for the parking of motor vehicles, if provided, shall not exceed a height of 17 feet. All other detached accessory buildings shall comply with the height requirements for accessory buildings in § 166-114B.
F.
Minimum tract boundary setbacks:
(2)
The minimum setback from a tract boundary for all principal
and accessory buildings shall be 50 feet to a nonresidential zone
district and to any public street contiguous with the tract boundary;
provided, however, that a limited encroachment into such setback shall
be permitted, subject to the following: a) the encroachment shall
only be permitted into the yard area abutting the right-of-way of
State Route 24; b) the encroachment shall not reduce the setback from
tract boundary to less than 35 feet; c) the encroachment shall not
reduce the setback from the edge of pavement of the roadway known
as Airport Road/Algonquin Parkway to less than 90 feet, or from the
edge of pavement of Route 24 to less than 150 feet; and d) the total
building coverage of any and all such encroachments shall not exceed
300 square feet.
G.
Maximum number of principal buildings: no limit.
H.
Maximum number of dwelling units within the same building: no
limit.
I.
Minimum distance between principal buildings. In the event of
uncertainty as to the definition of "front," "rear" or "end/side"
walls, or where the angle of the walls facing each other makes the
interpretation of the required setbacks uncertain, the more restrictive
of possible interpretations shall apply.
(1)
Front wall facing front wall: 50 feet at any point.
(2)
Front wall facing rear wall: 50 feet at any point.
(3)
Front wall facing end/side wall: 45 feet at any point.
(4)
End/side wall facing end/side wall: 30 feet at any point.
(5)
End/side wall facing rear wall: 45 feet at any point.
(6)
Rear wall facing rear wall: 50 feet at any point.
J.
Minimum distance between a principal building and any detached
accessory building: 25 feet.
L.
Minimum distance between buildings and parking areas and driveways:
10 feet, except that no setback shall be required between garages
and driveways designed and intended to provide direct access to said
garages.
M.
Bedroom distribution for market-rate units. At least 30% of the market-rate units will consist of studio or one-bedroom units. No more than 5% of the market-rate units shall contain more than two bedrooms. This standard shall not apply to the affordable units in the development, which instead shall be subject to the bedroom distribution requirements at § 166-180.18.5B(2).
N.
Off-street parking. The minimum number of off-street parking
spaces shall be as set forth in the Residential Site Improvement Standards
(N.J.A.C. 5:21).
O.
Signage. Signage requirements for the RM-6 Zone District shall be consistent with the requirements for signs in the RM, RM-2, RM-3, RM-4, RM-5 and AH-1 Zone Districts, as set forth in § 166-143.
P.
Recreational facilities. There shall be provided as part of
any residential development recreational facilities suitable for the
use of the intended residents of the development. Such facilities
shall include, as a minimum, a community building having a floor area
of at least 1,500 square feet gross floor area and at least two improved
outdoor recreation areas of a size and configuration suitable for
their intended purpose. Each outdoor recreation area shall contain
a contiguous area not less than 1,000 square feet and at least one
common area, centrally located within the development, shall contain
a contiguous area not less than 4,000 square feet and which shall
have a horizontal dimension not less than 40 feet in any direction.
