[Ord. No. 2019-10]
Editor's Note: The AH-3 Affordable Housing Residential District (AH-3) was previously located in § T10B-256.2.
(a) 
Purpose. The purpose of the AH-3 Affordable Housing 3 Residential District is to create a realistic opportunity for the construction of low-and moderate-income housing in the Municipality of Princeton and thereby address the municipality's fair share housing obligation pursuant to the New Jersey Fair Housing Act. The AH-3 District shall be additionally regulated by the Municipality of Princeton Affordable Housing Ordinance, applicable state regulations and all Orders of any Court of competent jurisdiction.
(b) 
Permitted uses. The principal permitted uses in the AH-3 Residential District are as follows:
(1) 
Multi-family affordable housing rental development; family units. All dwellings constructed in this District shall be credit-worthy pursuant to the applicable regulations of the New Jersey Council on Affordable Housing or any successor agency, and shall be deed restricted affordable housing units with rents established and restricted in accordance with N.J.A.C. 5:80-26.1 et seq., with the exception of one unit that may be occupied by an on-site manager/building superintendent and is not required to be a deed restricted affordable unit.
(2) 
No market-rate housing shall be constructed in this District, nor shall any dwelling in this District be occupied except by an income qualified household as regulated by the Council on Affordable Housing, or any successor agency and affirmatively marketed throughout the Princeton housing region, and income certified consistent with the requirements contained in N.J.A.C. 5:80-26.1 et seq., except as noted in (b)(1) above.
(c) 
Permitted accessory uses. Permitted accessory uses shall include accessory uses that are customary and incidental to the permitted uses in the AH-3 Residential District, including but not limited to:
(1) 
Off-street parking in accordance with Chapter 10B, Article XI Zoning, Subdivision 3.5, Off-street Parking and Loading.
(2) 
Decks, balconies and porches.
(3) 
Fences and walls, in accordance with the Princeton Fence Ordinance, Chapter 10B, Article XI Zoning, Subdivision 3.13, Fences and Garden Walls.
(4) 
Customary and incidental recreational elements, such as but not limited to, a swimming pool, tennis courts and other similar uses that serve the residents and guests of the development and as regulated by Chapter 10B, including but not necessarily limited to Chapter 10B, Article XI Zoning, Subdivision 3.11, Sec. 10B-288, Screening, and Sec. 10B-290, Lighting.
(5) 
Trash enclosures.
(6) 
Signs, in accordance with the Princeton Sign Ordinance, Chapter 10B, Article XI Zoning, Subdivision 3.6, Signs. AH-3 Affordable Housing 3 Residential District shall be bound by the same restrictions as applicable to "R" zones.
(7) 
Outdoor lighting, in accordance with the Chapter 10B, Article XI Zoning, Subdivision 3.5, Off-street Parking and Loading and all other applicable provisions of Chapter 10B including without limitation, Chapter 10B, Article XI Zoning, Subdivision 3.12, Performance Standards 10B-317.1.
(8) 
Active recreation uses.
(d) 
Affordable Housing.
Editor's Note: See also Article XI, Affordable Housing.
(1) 
Multifamily residential developments constructed in the AH-3 Affordable Housing 3 Residential District shall be permitted with a maximum of 65 affordable family dwelling units, as this term is defined in N.J.A.C. 5:80-26.1 et seq., in a 100% affordable housing development.
(2) 
All affordable units shall comply with Princeton's Affordable Housing Ordinance as set forth in Chapter 10B, Article XII Affordable Housing of the Princeton Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC") 5:80-26.1 et seq.), or any successor regulation, and the Princeton Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to the following requirements:
a. 
Low/Moderate Income Split: A maximum of 50% of the affordable units shall be moderate-income units, and a minimum of 50% of the affordable units 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.
b. 
Bedroom Mix: The following bedroom mix shall apply:
1. 
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
2. 
Minimally 30% of all low- and moderate-income units shall be two-bedroom units;
3. 
Minimally 20% of all low- and moderate-income units shall be three- bedroom units; and,
4. 
The remaining units may be allocated among two-and three-bedroom units at the discretion of the developer.
c. 
Deed Restriction Period: The affordability control period for restricted rental units shall commence on the first date that a certified household occupies a unit and shall terminate only at such time that the Municipality opts to release the unit from the requirements of N.J.A.C. 5:80-26.1 et seq, but the affordability control period shall be at least 30 years. A restricted rental unit shall remain subject to the affordability controls despite the occurrence of any of the following events:
1. 
A sale or other voluntary transfer of the ownership of the unit; or
2. 
The entry and enforcement of any judgement of foreclosure.
d. 
Administrative Agent: All affordable units shall be administered by a qualified Administrative Agent selected by the Municipality and paid for by the developer.
e. 
Other Affordable Housing Unit Requirements: Developers shall also comply with all the remaining requirements of the Princeton Affordable Housing Ordinance, including, but not limited to, (1) affirmative marketing requirements, which shall include a preference for residents in COAH region IV, and (2) candidate qualification and screening requirements pursuant to the Council on Affordable Housing and N.J.A.C. 5:80-26.1 et seq.
(e) 
Area and Bulk Requirements. The area and bulk requirements for the AH-3 Residential District are set forth in § 19B-246.
(1) 
Development Standards.
a. 
Building Requirements.
1. 
Building Design. In order to encourage an attractive and aesthetically pleasing design, and to avoid a monotonous repetition of design elements and an undesirable visual impact, the following design standards shall be utilized:
[a] 
Consistency among building materials and colors with Princeton's existing residential, historical and architectural characteristics.
[b] 
Harmonious relationship with other onsite features and improvements.
[c] 
Varying architectural embellishments including such features as roof elements, dormers, belvederes, decorative chimneys, parapets brackets and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building;
[d] 
Emphasis on architectural features at entrances, utilizing where appropriate, cornices, windows and articulation, provided that such are architecturally compatible with the style, materials, colors and details of the building.
[e] 
Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the center of the building, away from public view.
[f] 
Building construction shall utilize green building or sustainable building methods to reduce the operating and maintenance cost burdens of low- and moderate-income households.
[g] 
The outside walls of a building shall be of fire resistant material, such as brick, stone or masonry, as approved by the Planning Board.
[h] 
At least one electronic vehicle (EV) charging station.
b. 
Dwelling Unit Requirements.
1. 
Minimum floor area. Each dwelling unit shall have a minimum floor area of 600 square feet.
2. 
Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of 50 decibels. The Planning Board shall ascertain that reasonable measures are taken in floor and ceiling construction to avoid disturbing levels of sound impact.
(2) 
Off-street parking.
a. 
The minimum number of off-street parking spaces for multifamily residential housing shall be 1.1 parking spaces per dwelling unit. All parking areas and pedestrian walkways between parking facilities and residential buildings shall be appropriately landscaped, screened and lighted consistent with adopted standards contained in § 10B-288, § 10B-289 and § 19B-290.
b. 
All parking areas shall be designed in accordance with the applicable provisions of Article XI Zoning, Subdivision 3.5, Off-street Parking and Loading.
c. 
Adequate fire and emergency access must be provided, subject to the approval of the Princeton Fire Department.
d. 
On-site parking shall not be provided for any use or to any party other than a resident or visitor of the site, nor shall parking areas be used for any purpose other than parking.
e. 
Adequate parking facilities for accessibility to people with mobility impairments shall be provided as required by the Americans with Disabilities Act (ADA).
(3) 
Landscaping and open space.
a. 
At least 20% of the gross site area shall be devoted to open space for passive or active recreation, or conservation.
b. 
There shall be a comprehensive landscape plan prepared by a New Jersey licensed landscape architect which shall detail the location, type, size and any planting note for the proposed landscape materials. This plan shall be subject to the approval of the Planning Board.
c. 
A landscape buffer shall be provided where a multifamily development abuts an adjoining residential use. The buffer shall be a minimum of 25 feet in width, as measured from the property line. The buffer shall provide a year-round visual screen, to the extent practical, and minimize adverse impacts from the site on adjacent properties. Buffers shall consist of natural vegetation to the greatest extent practical, and may consist of fences, planting, berms, mounds, or combinations thereof to achieve the stated buffer objective.
d. 
No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Planning Board may, upon a finding of reasons thereof, permit a portion of a buffer area to be used for walkways, underground linear utilities and site access drives, and the Board may also permit a portion of a buffer area to be used for stormwater detention or retention basins, provided that the basin is designed as a landscaping feature, and further provided that the landscaping plan for the buffer area is determined by the Planning Board to meet the objective of the buffer area.
(4) 
Recreation Area. A recreation amenity of minimally 1,500 square feet shall be provided to serve the needs of the residents. This recreation area shall consist of an active outdoor play space for children with appropriate playground equipment.
(5) 
Lighting.
a. 
Adequate lighting shall be provided for all common areas and pedestrian walkways.
b. 
All outdoor lighting, including street lamps and accent lighting, should comply with "dark sky" standards intended to reduce light pollution. Dark sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies.
c. 
Lighting for the development must be contained on the property on which the development is located.
d. 
LED lighting shall be permitted in addition to all of the conditions of the land use ordinance standards for lighting.
(6) 
Miscellaneous.
a. 
Through-wall air-conditioning units that project beyond the building wall are not permitted.
b. 
All trash and garbage shall be stored at all times in airtight covered containers which shall be kept in a centrally located, concealed area. If trash and rubbish is stored outside, it shall be kept in a permanent enclosure matching building design and color with a latching gate in a centrally located, concealed area buffered with landscaping as approved by the Planning Board.
c. 
Amenities restricted to the use of the residents and their guests are permitted subject to all applicable local and state requirements.
d. 
Swimming pools, restricted to the use of tenants, are permitted subject to all applicable local and state requirements.
e. 
Internal walkways shall be provided to provide a pedestrian connection to any site development amenities, such as a clubhouse, recreational facilities, pools, parking spaces etc.
f. 
Internal walkways shall be a minimum of four feet wide and shall be designed to comply with the requirements of the Americans with Disabilities Act (ADA).
g. 
Fences shall be permitted at a maximum height of six feet and shall be situated and designed in accordance with Chapter 10B, Article XI Zoning, Subdivision 3.13, Fences and Garden Walls.
[Added 7-13-2020 by Ord. No. 2020-20]
The purpose of the AH-4 Affordable Housing-4 Residential District is to establish a realistic opportunity for the construction of affordable housing in the Municipality of Princeton pursuant to the New Jersey Fair Housing Act and thereby comply with the Municipality's constitutional obligation to provide such housing to low-and moderate-income households. The AH-4 Residential District is intended to confer permitted and conforming use status upon the long-time existing Section 236 HUD rental assistance affordable housing development known as Princeton Community Village and to allow for the expansion of said community in accordance with the standards set forth herein. The AH-4 Residential District shall be additionally regulated by the Princeton Affordable Housing Ordinance, applicable state regulations and all orders of any court of competent jurisdiction.
[Added 7-13-2020 by Ord. No. 2020-20]
Within the AH-4 Affordable Housing-4 Residential District:
(a) 
Minimum required number of new affordable dwelling units: 25.
(b) 
Affordable dwelling units shall be constructed and rented in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq.
(c) 
Affordable dwelling unit household income breakdown shall comply with the following:
(1) 
Assuming 25 new affordable dwelling units are constructed, at least three of the new dwelling units shall be affordable to very-low-income (VLI) households at 30% of the median income. Should more than 25 new units be developed, no less than 13% shall be for VLI households;
(2) 
Assuming 25 new affordable dwelling units are constructed, at least nine of the dwelling units shall be made affordable to low-income households. Should more than 25 new units be developed, no less than 50% shall be for low-income households (inclusive of VLI units); and
(3) 
The balance of new dwelling units permitted at moderate income.
(d) 
Affordable dwelling bedroom distribution: Bedroom distribution shall be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA) and all other applicable law.
(e) 
The range of affordability, pricing and rent of units, affirmative marketing and thirty-year minimum affordability controls shall also be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA) and all other applicable law.
(f) 
Princeton Community Housing, or any subsequent owner/operator, shall be responsible to affirmatively market, administer and certify the occupant of each affordable dwelling unit.
[Added 7-13-2020 by Ord. No. 2020-20]
Within the AH-4 zoning district the following principal use shall be permitted:
(a) 
Multi-family, affordable rental dwellings. All dwelling units constructed in the AH-4 Residential District after the effective date of this Ordinance shall be credit-worthy pursuant to the applicable regulations of the New Jersey Council on Affordable Housing or its successor, and shall be deed restricted for occupancy by low- and moderate- income households in accordance with N.J.A.C. 5:80-26.1 et seq., with the exception that one unit may be occupied by an on-site manager/building superintendent and, if so, shall not be required to be a deed restricted affordable unit.
[Added 7-13-2020 by Ord. No. 2020-20]
Within the AH-4 zoning district, the following accessory uses are permitted:
(a) 
Residential management office.
(b) 
Common rooms/areas, including for meetings, recreation, laundry and storage.
(c) 
Communications infrastructure.
(d) 
Maintenance and storage.
(e) 
Off-street parking and loading.
(f) 
Street/site furnishings.
(g) 
Home occupations.
(h) 
Fences and walls.
(i) 
Landscape amenities and open space.
(j) 
Pedestrian circulation elements.
(k) 
Signs.
(l) 
Storm water management facilities and other utilities.
(m) 
Other customary uses which are incidental and subordinate to the permitted principal use.
[Added 7-13-2020 by Ord. No. 2020-20]
(a) 
Minimum lot requirements:
(1) 
Front yard: 50 feet.
(2) 
Side yard: 20 feet.
(3) 
Rear yard: 60 feet.
(4) 
Lot area: N/A.
(5) 
Lot depth: N/A.
(6) 
Lot Width: N/A.
(7) 
Lot Frontage: N/A.
(b) 
Maximum floor area ratio: 25%.
(c) 
Maximum building height:
(1) 
65 feet and six stories.
(2) 
Building elements that constitute or contain mechanical equipment, which are located above the roofline of the building and do not, in the aggregate, exceed 20 percent of the ground floor area of the building, are excluded from the calculation of a building's height.
(d) 
Maximum impervious coverage: 65% (Sec. 10B-246.1. "Maximum permitted residential lot impervious coverages" is not applicable to development within the AH-4 district).
(e) 
Off-street parking requirements:
(1) 
Minimum number of spaces: 1.5 spaces per dwelling unit.
(2) 
Minimum dimensions of a parking space: 9' in width and 18' in depth.
(3) 
Minimum setback from front yard: 10 feet.
(4) 
Minimum setback from other yards: 20 feet.
(f) 
Comprehensive development required. New affordable housing shall be developed in accordance with a single plan that is coordinated with the existing Princeton Community Village development to create a unified residential campus. Subdivision for the purposes of segregating the zone into smaller development tracts is not permitted.
(g) 
Pre-Existing Approvals. Nothing in this Ordinance shall negate, invalidate, supersede or modify any pre-existing approvals granted by a board of jurisdiction for any uses, buildings or improvements on the property subject to the AH-4 Residential District.
(h) 
The provisions of Chapter 10B, Article X, Section 10B-227A(d) of the Princeton Code shall not apply to affordable housing rental developments in the AH-4 Residential District.
(i) 
Grading to accommodate new construction within an affordable housing rental development in the AH-4 Residential District shall not be subject to the provisions of Chapter 10B, Article XI, Section 10B-254.1 of the Princeton Code.
(j) 
The provisions of Chapter 10B, Article X, Section 10B-289 of the Princeton Code shall not apply to affordable housing rental developments in the AH-4 Residential District.
(k) 
Illumination. Luminaires using light emitting diodes (LED) are permitted.
[Added 7-13-2020 by Ord. No. 2020-19]
The Affordable Housing-5 Zone is to provide a realistic opportunity for the construction of affordable housing pursuant to the New Jersey Fair Housing Act and thereby comply with the Municipality's constitutional obligation to provide such housing to for low-and moderate-income households. Specifically, the AH-5 zone permits multi-family residential uses, with an affordable housing set-aside. All dwellings shall be "family rental" units.
[Added 7-13-2020 by Ord. No. 2020-19]
Within the Affordable Housing-5 Zone, no less than 20% of all dwellings, rounded up to the next whole dwelling unit, shall be deed restricted for occupancy by low- and moderate-income households and shall comply with the following:
(a) 
Minimum affordable housing set-aside: 20% of the total number of dwelling units.
(b) 
Minimum number of affordable dwelling units: 12.
(c) 
Affordable dwellings shall not be age-restricted.
(d) 
Affordable dwelling units shall be constructed and rented in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq.
(e) 
Affordable dwelling unit household income breakdown shall comply with the following:
(1) 
At least 13% of the affordable units shall be affordable to very-low-income (VLI) households at 30% of the median income;
(2) 
At least 50% of the affordable units shall be made affordable to low-income units (the 50% requirement is inclusive of the 13% VLI requirement); and
(3) 
The balance of units permitted at moderate income up shall not exceed maximum of 50% of all affordable units.
(f) 
Affordable dwelling bedroom distribution: Bedroom distribution shall be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA) and all other applicable law.
(g) 
The range of affordability, pricing and rent of units, affirmative marketing, thirty-year minimum affordability controls and construction phasing with the market rate units developed on the tract shall also be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA) and all other applicable law.
(h) 
The Municipal Housing Liaison shall be responsible to affirmatively market, administer and certify the occupant of each affordable dwelling unit, with all administrative costs to be paid by the Developer.
[Added 7-13-2020 by Ord. No. 2020-19]
[Added 7-13-2020 by Ord. No. 2020-19]
Within the AH-5 zoning district the following principal uses shall be permitted:
(a) 
Multi-family residences.
[Added 7-13-2020 by Ord. No. 2020-19]
Within the AH-5 zoning district, the following accessory uses are permitted:
(a) 
Residential management office.
(b) 
Common rooms/areas, including for meetings, recreation, laundry and storage.
(c) 
Communications infrastructure.
(d) 
Maintenance and storage.
(e) 
Off-street parking and loading.
(f) 
Street/site furnishings.
(g) 
Home occupations.
(h) 
Fences and walls.
(i) 
Landscape amenities and open space.
(j) 
Pedestrian circulation elements.
(k) 
Signs.
(l) 
Storm water management facilities and other utilities.
(m) 
Other customary uses which are incidental and subordinate to a permitted principal use.
[Added 7-13-2020 by Ord. No. 2020-19]
(a) 
Minimum yard requirements:
(1) 
Front yard: 25 feet.
(2) 
Side yard: 20 feet.
(3) 
Rear yard: 20 feet.
(b) 
Maximum permitted density: 22 du/acre.
(c) 
Maximum building height: 45 feet and four stories.
(d) 
Maximum number of buildings: Multiple buildings per lot are permitted.
(e) 
Off-street parking: 1.3 spaces per dwelling unit.
(f) 
Minimum Outdoor Space. Outdoor space shall be provided for the benefit of residents of a building at a rate of 150 square feet for every dwelling unit. Outdoor space requirements may be satisfied through the creation of private or common balconies, or common areas on the ground/building roof.
(g) 
Residential Storage. A minimum of 300 cubic feet of storage shall be provided for each dwelling unit. The space for each unit shall be able to be secured by the occupant of the unit for which the storage space is dedicated. Individual storage units shall be organized into a common area within a building that is located at or below the ground floor level.
(h) 
Bicycle Parking. Outdoor bicycle parking shall be weather-protected and provide the ability for individual users to secure their bicycle(s). Buildings or structures used for outdoor bicycle parking shall be designed to be architecturally compatible with the principal building(s) in terms of materials, colors and finishes.
(i) 
Pedestrian and Bicycle Connectivity. Pedestrian walks and/or shared paths shall be provided along all public street frontages. Pedestrian and bicycle routes shall provide connections to the Princeton Shopping Center and the existing shared path on the periphery of the shopping center. These connections should ensure sufficient access to Grover Park.
(j) 
Cost of Off-Site Improvements. The developer of the AH-5 zone shall bear the proportionate costs of any related public thoroughfare improvements that are planned, endorsed, undertaken or constructed by the Municipality.
(k) 
Comprehensive Development Required. The AH-5 zone shall be developed in accordance with a single, unified development plan. Subdivision for the purposes of segregating the zone into smaller development tracts is not permitted.
[Added 11-16-2020 by Ord. No. 2020-37]
The Affordable Housing-7 (AH-7) Zone is to provide a realistic opportunity for the construction of affordable housing pursuant to the New Jersey Fair Housing Act and thereby comply with the municipality's constitutional obligation to provide such housing for low- and moderate-income households. Specifically, the Affordable Housing-7 Zone permits residential dwellings as established herein, with an affordable housing set-aside.
[Added 11-16-2020 by Ord. No. 2020-37]
Within the Affordable Housing-7 (AH-7) Zone, 20% of all dwellings, rounded up to the next whole unit, shall be deed-restricted for occupancy by low- and moderate-income households and shall comply with the following:
(a) 
Minimum required affordable housing set aside: 20% of the total number of dwelling units.
(b) 
Affordable units shall not be age-restricted.
(c) 
Affordable dwelling units shall be subject to the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et. seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq.
(d) 
Affordable dwelling unit household income breakdown shall comply with the following:
(1) 
At least 13% of the affordable units shall be affordable to very low-income (VLI) households at 30% of the median income.
(2) 
At least 50% of the affordable units shall be made affordable to low-income households (the 50% requirement is inclusive of the 13% VLI requirement).
(3) 
A maximum of 50% of the affordable units shall affordable to moderate-income households.
(e) 
Affordable Dwelling Bedroom Distribution. Bedroom distribution shall be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et. seq., the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et. seq., the Fair Housing Act (FHA) and all other applicable law.
(f) 
The range of affordability, pricing and/or rent of units, affirmative marketing, minimum affordability controls and construction phasing with the market rate units developed on the tract shall also be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq., the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA) and all other applicable law.
(g) 
The Municipal Housing Liaison shall be responsible to affirmatively market, administer and certify the occupant of each affordable dwelling unit, with all administrative costs to be paid by the Developer.
[Added 11-16-2020 by Ord. No. 2020-37]
[Added 11-16-2020 by Ord. No. 2020-37]
Within the AH-7 zoning district the following principal uses shall be permitted:
(a) 
Townhouses.
(b) 
Multi-family apartment dwellings.
[Added 11-16-2020 by Ord. No. 2020-37]
Within the AH-7 zoning district the following accessory uses are permitted:
(a) 
Off-street parking.
(b) 
Street/site furnishings.
(c) 
Fences and walls.
(d) 
Landscape amenities and open space.
(e) 
Pedestrian circulation elements.
(f) 
Storm water management facilities and other utilities.
(g) 
Home occupations.
(h) 
Other customary uses which are incidental and subordinate to a principal permitted use.
[Added 11-16-2020 by Ord. No. 2020-37]
Development within the AH-7 zoning district shall comply with the following regulations:
(a) 
Maximum number of dwelling units: 24 townhouse units and six multi-family apartment units.
(b) 
Maximum number of multi-family apartments per building: three.
(c) 
Maximum number of townhouse buildings: four.
(d) 
Minimum building setback requirements:
(1) 
From Terhune Road right of way: 26 feet to a porch; 34 feet to a facade.
(2) 
From other municipal street rights-of-way (i.e., westerly lot line): eight feet.
(3) 
From Block 7401, Lots 5, 6, 7 and 8:35 feet.
(4) 
From Block 7401, Lot 3:75 feet.
(e) 
Maximum Building Height:
(1) 
Townhouses: three stories and 45 feet.
(2) 
Multi-family apartments: 2.5 stories and 35 feet.
(f) 
Minimum number of off-street parking spaces: 1.5 per dwelling unit.
(g) 
Comprehensive development required. The AH-7 Zone shall be developed in accordance with single, unified development plan. Subdivision for the purposes of segregating the zone into smaller development tracts is not permitted.
(h) 
Access from the municipal right-of-way. There shall be no direct vehicular access to dwellings from Terhune Road. A fifty-foot municipal right-of-way that directly abuts the westerly lot line of Block 7401, Lots 4.01 and 4.02 shall be made available for roadway access purposes and grading easements, if required. The roadway shall comply with the following requirements:
(1) 
The road shall have a minimum cartway width of 27 feet.
(2) 
On-street, parallel parking shall be provided on the east side of the roadway.
(3) 
The travelway shall have a minimum width of 20 feet.
(4) 
A multi-use path with a minimum width of 10 feet wide shall be provided on the west side of the roadway.
(5) 
A walking path with a minimum width of five feet shall be provided on the east side of the roadway.
(i) 
Internal vehicular access to townhouses and multi-family dwellings shall be from rear alleys that shall comply with the following:
(1) 
Alleys shall have a minimum paved width of 30 feet that is clear of any obstructions.
(2) 
No off-street parking spaces shall be located within the alleys to serve townhouses.
(3) 
Perpendicular parking spaces are permitted as part of an alley to serve multi-family dwellings, provided such spaces are located outside of the minimum paved area of 30 feet.
(4) 
Alleys shall connect directly to the new roadway.
(j) 
Planted buffer. A planted, vegetative buffer shall be provided within the required setback area adjacent to Block 7401, Lots 3, 5, 6, 7 and 8 to serve as an effective visual screen, in accordance with Chapter 10B, Subdivision XI, except as follows:
(1) 
The minimum width of the buffer shall be 15 feet and shall be recorded as a buffer easement within the property deed(s)/recorded plat. The buffer easement shall be restricted to use for visual screening (including buffer plantings/fence/walls) and stormwater management elements.
(2) 
The buffer shall include an opaque fence/wall along the entire length of the buffer adjacent to Block 7401, Lots 5, 6, 7, and 8 and shall conform to the following requirements:
a. 
The fence/wall shall be located along the common property line between the AH-7 Zone and Block 7401, Lots 5, 6, 7, and 8, on the outside edge of the buffer.
b. 
The end of the fence/wall shall be set back from the Terhune Road right-of-way 30 feet.
c. 
The fence/wall shall have a minimum height of six feet and a maximum height of eight feet.
d. 
The design, materials and finish of the fence/wall shall be subject to Planning Board approval.
(3) 
Stormwater management facilities are permitted within the buffer and required setback area, provided that the efficacy of the buffer as a visual screen is not diminished.
(4) 
The specifications and details of plant material in terms of the type, species, height and quantities shall be subject to Planning Board approval.
(5) 
The integrity and function of the buffer as a visual screen, including plant material, fencing/wall, landform and vegetative cover shall be maintained.
(k) 
Front - to - front facing townhouse buildings shall be spaced a minimum of 60 feet apart, as measured between facades. Porches may project no more than eight feet from the facades.
(l) 
Courtyards shall be developed between pairs of front-to-front facing townhouse buildings. Courtyards shall be predominantly "green" (planted/vegetated) and shall include walking paths that connect to individual townhouse dwelling units and adjacent sidewalk. Pedestrian-scale site lighting may also be permitted in the courtyards.
(m) 
Townhouse Facade Fenestration. The fenestration of the elevation of townhouse buildings that face the new municipal road (western facing elevation) shall be equal in terms of the ratio of solids to voids (openings to walls) as that of the elevation of the townhouse building elevation that faces the internal courtyard.
(n) 
Street Trees. In lieu of any other requirement with regard to the planting of trees, street trees are required along all street frontages. Due to anticipated restrictions in the horizontal area (and resultant planting medium volume) available for tree plantings along the new municipal street on the west side of the tract, alternative planting methods may be required by the Planning Board to provide sufficient soil volume to promote healthy tree growth and survival. Such methods may include the use of a suspended pavement system that would allow the construction of a sidewalk while also providing for sufficient and unrestricted planting medium within the root zone. An example of such a system is the "Silva Cell" system.
(o) 
Bicycle parking. Outdoor bicycle parking shall be provided for the multi-family dwellings according to the following requirements:
(1) 
Bike parking shall be weather-protected and provide the ability for individual users to secure their bicycle(s).
(2) 
Buildings or structures used for outdoor bicycle parking shall be designed to be architecturally compatible with the principal building(s) in terms of materials, colors and finishes.
(p) 
Trash and recyclables storage: Each townhouse unit shall be designed to provide an individual storage area for trash and recyclables within the unit adjacent to the rear alley. Trash and recyclables for the multi-family dwellings shall be stored within a dedicated area inside each building.
(q) 
Multi-Family Standards Exemption: Multi-family dwellings developed pursuant to the AH-7 district regulations shall be exempt from the minimum floor area size requirements of section 10B-278 and the minimum bedroom size requirements of Section 10B-279.
(r) 
Development pursuant to the AH-7 district regulations shall be exempt from the requirements of Division 9 Residential Clusters.