A.
The purposes of the Mount Laurel Zoning Districts
shall be as follows:
(1)
In order to satisfy the constitutional obligations
of the Township, as set forth by the New Jersey Supreme Court in its
Mount Laurel I and Mount Laurel II decisions, greater flexibility
in design, layout and construction of residential development must
be permitted in order to encourage developers to participate in the
Mount Laurel compliance process. The regulations established by this
article are intended to promote that purpose and to meet the Township
responsibilities to protect and defend its natural resources, ecological
systems, open spaces, natural beauty and the value of property within
the Township while at the same time providing for its fair share of
the regional need for affordable housing.
(2)
The regulations established by this article are also
intended to:
(a)
Preserve the Township's environmental and natural
resources and avoid potential hazards thereto in anticipation of future
development.
(b)
Avoid environmental degradation and its resultant
harmful effects upon the public health, safety and welfare.
(c)
Encourage innovations in housing design and
land development techniques and provide for necessary facilities for
such developments.
(d)
Promote compatibility with the Township's zoning
plan and pattern of development.
(e)
Encourage retention and preservation of woodlands,
surface water, swamps, aquifer recharge areas, poorly drained soils,
floodplains and other open space areas for aesthetic and scenic beauty,
passive recreation, rejuvenation of natural resources and preservation
of the ecological systems of the Township.
(f)
Encourage more effective use of land and of
public services.
(g)
Preserve the residential integrity of the Township.
(h)
Ensure compatibility among various land uses.
B.
The Planning Board shall be the approving authority
for all applications for development under this Part 6.
C.
In every area zoned for Mount Laurel development,
property may be developed in accordance with the provisions of the
zoning district regulations cited in the permitted uses of the applicable
district, or a developer may elect to participate in the Mount Laurel
Compliance Program. A developer shall be eligible to participate upon
satisfaction of the following conditions:
A.
Permitted principal uses. In the ML-3 Zone, no site
shall be used and no structure shall be erected, altered or occupied
for any purpose, except the following:
(1)
Developments not participating in the Mount Laurel
ML-3 program shall conform with the R-30 Zoning District regulations.
(2)
For developments participating in the Mount Laurel
Compliance Program, the following uses are permitted:
(a)
Single-family detached dwelling units.
(b)
Multiple-family dwelling units, including townhouses,
apartments and flats.
(c)
Single-family cluster and zero lot line detached
dwelling units.
(d)
Single-family attached dwelling units.
(e)
Public parks, playgrounds, conservation areas
and municipal services and facilities.
B.
Permitted accessory uses.
(1)
Common recreational facilities and structures and
common open space.
(2)
Private attached garage with a capacity for garaging
not more than two automobiles per unit.
(3)
Storage sheds attached to and incorporated in the
design of individual dwelling units.
(4)
Signs identifying the name of a development and not
exceeding 24 square feet in area, one of which may be located at each
entrance to a development from an external street.
(5)
Fences in perimeter or screening areas or private
outdoor areas between dwelling units.
(6)
Freestanding garages for up to four vehicles.
(7)
Such other customary accessory uses and structures
as may be permitted by the approving authority.
C.
Compliance with subdivision and site plan standards.
A proposed development which qualifies for approval under the Mount
Laurel Low- and Moderate-Income Housing Program in the ML-3 Zone shall
be subject to all of the requirements of this chapter (Land Use and
Development Regulations), as amended and supplemented, except as set
forth herein.
D.
Density and development regulations. Development in
the ML-3 Zone shall be subject to the following density and development
regulations:
(1)
Density. Maximum gross density shall not exceed three
dwelling units per acre for the entire tract and shall not exceed
the following lot area and density standards:
(a)
Single-family detached dwelling units: minimum lot size of 15,000 square feet per dwelling unit on "developable land" as defined in Subsection D(1)(e) below.
(b)
Multifamily dwelling units: There shall not be more than six dwelling units constructed for each acre of developable land within the tract as defined in Subsection D(1)(e) below.
(c)
Single-family cluster and zero lot line detached
dwelling units. Density on developable land shall not exceed 4.5 dwelling
units per acre, and no lot shall be less than 5,000 square feet.
(d)
Single-family cluster attached dwelling units.
Density on developable land shall not exceed three dwelling units
per acre, and no dwelling shall have less than 2,000 square feet of
dwelling area, excluding common open space areas.
(e)
"Developable Land" shall mean contiguous land
area(s) within the tract, excluding existing streams, existing bodies
of water, wetlands, wetland buffers, flood hazard areas within a one-hundred-year
floodplain and slopes greater than 15%. No development of multifamily
dwelling units shall be permitted on slopes in excess of 10% slope
unless the developer demonstrates that he cannot develop the permitted
number of units on slopes of 10% or less. The Planning Board may permit
development of residential structures on slopes of 10% to 15% where
such development: minimizes overall site disturbance; fosters preservation
of existing trees; and/or permits site design, including parking,
internal traffic flow and building arrangement in accordance with
Wall Township design standards.
(2)
Impervious coverage. The maximum total impervious
coverage shall not exceed 40% of the developable land area.
(3)
Building coverage. The maximum land coverage by buildings
shall not exceed 20% of the developable land area.
(4)
Building height. The maximum building height of a
principal structure shall be 35 feet. The maximum height of a clubhouse
shall be 35 feet and maximum height of all other accessory structures
shall be 16 feet.
(5)
Maximum stories. Each building shall be limited to
2 1/2 stories of habitable space and a basement all or more than 50%
below grade. Basements shall be used only for storage, utilities,
garages or similar nonhabitable uses. Basements shall only be permitted
where the seasonal depth to high-water table is two feet or more below
the basement floor.
E.
Regulations for multifamily, single-family cluster
detached and single-family cluster attached dwelling unit. Development
in the ML-3 Zone shall be on a minimum of 10 acres of developable
land and shall be subject to the following requirements:
(1)
Setbacks.
(a)
Seventy-five feet from an existing public street
or proposed street as designated on the Township Master Plan and 100
feet from an arterial highway (e.g., Routes 18, 138, 35, 70, 71 and
34). Decks and patios are permissible within the setback from an existing
public street or proposed street or arterial highway; however, in
no case shall a patio area encroach within 50 feet of any such street
or highway.
(b)
Twenty feet from any internal or private street.
(c)
Twenty feet from an internal parking area or
driveway.
(d)
Forty-five feet from any external tract boundary
other than a public street or arterial highway as specified in E(1)(a)
above. However, decks and patios are permitted up to 25 feet from
an external tract boundary other than a street or highway.
(e)
Multifamily, quadplex or cluster single-family
attached dwellings shall be separated a minimum of 35 feet from any
other structure; provided, however, that where structures have glass-to-glass
exposure separation shall be 60 feet unless the glass planes are at
an angle greater than 15º, in which case 35 feet shall be provided.
Said glass planes encompassing an angle greater than 15º, includes
angles created by buildings being offset, as well as angles created
by the plans of one whole building being oblique to the plane of another.
(f)
Single-family cluster dwelling units shall be
separated by at least 20 feet, unless attached by a common wall. Single-family
dwelling units may be joined, however, by walls or fences which enclose
private yard areas.
(g)
Single-family cluster and zero lot line homes
shall be reported by a minimum of 15 feet.
(2)
Dwelling unit storage. No dwelling unit shall contain
less than 300 cubic feet of storage space, which may be within attics,
garages, basements or cellars, and which shall be in addition to closet
space provided within the unit. If within a garage, a rectangle of
not less than 10 feet by 20 feet shall remain clear for parking vehicles.
(3)
Dwelling unit width. No dwelling unit shall be less
than 20 feet in width.
(4)
Open space and recreation areas. A recreation area
providing for active recreation facilities such as a pool, court sports,
lawn areas, and recreation building may be provided.
(5)
Buffer areas. A landscaped buffer strip at least 20 feet in width shall be permanently maintained along all exterior/outbound property lines of the tract in accordance with the regulations of § 140-212. The buffer area may include required setback areas. Fences of up to six feet in height are permitted in buffer areas. No patio or deck area shall encroach within required buffer areas.
F.
Other regulations. Developments in the ML-3 Zone shall
be subject to the following regulations, requirements and standards:
(1)
Number of dwellings within buildings. Not more than
four dwelling units shall be contained adjacent to each other on a
single plane and not more than eight dwelling units shall be contained
within any one building.
(2)
Front facade. The front facade of any structure containing
more than one dwelling unit shall not continue on the same plane for
a distance of more than the width of four adjacent units. Offsets
between front facade planes shall not be less than four feet.
(3)
Underground utilities. All utilities shall be installed
underground within the driveways, roadways or other easement areas
wherever possible.
(4)
Public water and sanitary sewers. All dwelling units
shall be served by public water and sanitary sewer systems.
(5)
Garbage and recycling facilities. For multifamily
dwelling units where individual unit curbside pickup is not provided,
garbage, refuse and recyclable storage and collection areas suitable
for containerized collection shall be provided in sufficient number
and at locations convenient to all dwelling units. Such collection
areas shall be screened from view and shall be constructed of masonry,
brick or concrete.
(6)
Open space ownership. Common open space, recreational
and other facilities shall be owned, operated and maintained by any
recognized legal entity and the maintenance of the facilities shall
be the responsibility of the owner and owners.
(7)
Documentation of homeowners' association and other
restrictive documents. All proposed deed restrictions, articles of
incorporation or other documents related to the creation of a homeowners'
association, trust documents or other deeds or documents to provide
for ownership and maintenance of common property and facilities shall
be submitted to the board, and to the Board and Township Attorneys
for review approval prior to the sale of any home to individual purchasers.
(8)
Construction easements. In all cases where the maintenance
or repair of any wall, fence or other improvement by its owner or
his agent would require entering upon an adjacent property, an appropriate
easement or right shall be created in favor of the subject owner.
All such easements shall be detailed and specific as to required notice
and any limitations upon the right of entry and shall provide a specific
means of arbitration in the event of disputes.
(9)
Streets, roads, driveways, parking facilities, walkways
streetlights, fire hydrants, drainage facilities and other improvements
required by Part 5 or appropriate or necessary to the development
shall be installed by and at the expense of the developer, in accordance
with the specifications of Part 5 except as modified herein:
(a)
"Rolled" curbs shall be permitted, in accordance
with standards approved by the Township Engineer.
(b)
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer or homeowners' association.
(c)
Street intersections (§ 140-233B) shall be spaced not less than 600 feet on collector streets and 500 feet on local streets and 250 feet on intersection roads. Intersections between private streets and those involving driveways or entrances to parking areas are not subject to these requirements but shall instead be based upon standard parking lot requirements as determined by the Township Engineer.
(d)
Tangents between reverse curves on local and private streets (§ 140-233B) shall be a minimum of four feet unless otherwise provided by the Township Engineer.
(10)
All internal streets, regular roads and drives
within the tract shall, at the option of the Township of Wall, be
either private or public and shall be maintained by the body responsible
for common areas or by the Township.
(a)
Internal streets, roads and drives shall have
the following minimum pavement widths:
(b)
The rights-of-way for all internal public roads
shall have a minimum width of 40 feet.
(c)
If an internal street, road or drive has perpendicular
parking, it shall be deemed to be a private drive.
(d)
The preceding standards for streets, roads and
drives do not apply to driveways leading to single or duplex units
which shall be governed by the standards for driveways and driveway
aprons contained in Part 5, Design Guidelines and Construction Specifications.
(11)
At least two parking spaces shall be provided for each dwelling unit, at least one of which shall be in an enclosed garage, and guest parking shall be provided at a ratio of one space for every four units. Required guest parking spaces may be provided on driveways leading to attached garages, or parallel parking on internal streets in accordance with Subsection F(10) above or within collective parking lots or areas. All parking spaces shall be within 250 feet of the dwelling unit.
(12)
All sidewalks shall be a minimum of four feet
in width.
(13)
No driveway shall enter any internal or private
street at a point closer than 20 feet to any internal private street
intersection, which distance shall be measured between the curbline
or the pavement edge or to the intersecting street right-of-way nearest
to the driveway in question. Driveways leading to attached and freestanding
garages shall have a minimum length of 20 feet not including any part
of a pedestrian walkway, common driveway or interior street.
(14)
A wall may be erected adjacent to the main entrance
of the project, provided that the wall is setback at least 25 feet
from the existing right-of-way of the public street, provides adequate
turning radius for all emergency vehicles, and does not interfere
with sight triangles. The wall shall not exceed six feet in height.
(15)
A gatehouse not to exceed 15 feet in height
is permitted, provided that it is setback at least 25 feet from the
existing right-of-way of the public street, provides adequate turning
radius for emergency vehicles and provided further that the applicant
agrees that the gatehouse will be used for security purposes only
and will never be dedicated to the public.
G.
Soil removal. The provisions of § 140-117 pertaining to the removal of soil shall apply to developments in the ML-3 Zone except as follows:
(1)
The provisions of § 140-117A may be modified to allow the Township Engineer to issue a permit for the removal of subsoil as may be necessary to construct the structures approved by the approving authority.
(2)
The provisions of § 140-117B may be modified as required by the Planning Board to issue a temporary soil removal permit for the removal of soil, sand or gravel as may be necessary to render the premises suitable for the ML-3 development, for which a site plan or major subdivision plat has been approved. The developer shall adhere to and the Planning Board shall apply the standards of Chapter 188, Soil Removal.
A.
Purpose. The purpose of the MLC-RAC-2 Zoning District to provide for development of a retirement adult community in accordance with Ordinance 2-1997 as an alternative to the RR Zoning District regulations as part of the Wall Township Mount Laurel Compliance Plan process conditioned upon a voluntary contribution of 85,000 per dwelling unit of senior residential development to the Wall Township Affordable Housing Trust Fund as provided in § 140-282 and approved by a Judgment of Repose on September 24, 1990, and an Amended Consent Order (Docket No. L-027255-87) filed on March 6, 1998, and the Housing Plan Element of the Township of Wall adopted on March 30, 1998.
B.
Approving authority. The Planning Board shall be the
approving authority for all applications for development under this
section.
C.
Eligibility for participation. In every area zoned
for MLC-RAC-2 property may be developed in accordance with the provisions
of the zone district in which the property was located immediately
prior to its inclusion in the Mount Laurel Compliance Plan, or a developer
may elect to participate in the Mount Laurel compliance process. A
developer shall be eligible to participate in the Mount Laurel compliance
process upon satisfaction of the following conditions:
D.
Permitted principal uses. In the MLC-RAC-2 Zone no
site shall be used and no structure shall be erected, altered or occupied
for any purpose, except the following:
(1)
Developments not participating in the Mount Laurel
Compliance Program shall conform with the RR Zone District regulations
as may be applicable.
E.
Definition of adult community project (ACP).
(1)
An adult community project (ACP) is a private residential
community comprised of various housing types and accessory uses intended
for, and limited and restricted to, use and occupancy by:
(a)
Any person of the age of 55 years or over; or
(b)
A husband or wife, regardless of age, residing
with his or her spouse, provided the spouse of such person is of the
age of 55 years or over; or
(c)
A child or children residing with a permissible
occupant, provided the child or children is or are of the age of 19
years or older; or
(d)
An individual or individuals, regardless of
age, residing with and providing physical or economic support to a
permissible occupant.
(2)
The foregoing occupancy restrictions shall not be
construed to prohibit the occupants of any unit in an ACP from entertaining
guests, of any age, in their units, including temporary residency
not to exceed three months, with no financial or other pecuniary consideration
to be paid therefor.
F.
Minimum tract size. An ACP may only be developed on
one or more contiguous parcels of land having a total gross area of
not less than 50 acres.
G.
Permitted principal uses. The principal uses of buildings
in an ACP shall be limited to the following:
H.
Permitted accessory uses. The accessory uses of buildings
and structures in an ACP shall be limited to the following:
(1)
Master television antenna system and/or cable television
antenna/reception facilities.
(2)
Common parking areas for guest parking or dedicated
for specific parking purposes such as recreational vehicle and trailer
parking.
(3)
Buildings for storage of vehicles, equipment and supplies.
(4)
Outbuildings and structures as part of the recreation
facilities.
(5)
Public and private parks and gardens.
(6)
Private greenhouses.
(7)
Private swimming pools.
I.
Permitted accessory uses for dwelling units. Accessory
uses on the same single-family residential lot and customarily incidental
to the permitted principal use shall be permitted, including:
(1)
Private attached garage with a capacity for garaging
two vehicles per unit.
(2)
Storage sheds attached to and incorporated in the
design of individual dwelling units.
(3)
Fences.
(4)
Decks, patios, gazebos and screened porches.
(5)
Such other customary accessory uses and structures
as may be permitted by the approving authority.
J.
Bulk requirements. The following bulk requirements
shall be applicable to the MLC-RAC-2 Zone:
(1)
Open space, coverage, and density requirements. The
following requirements shall apply to any ACP:
(a)
Maximum building coverage: 25% of gross area
of ACP tract.
(b)
Maximum building density: 3.6 units per gross
acre of ACP tract; subject, however, to the condition that a maximum
of 180 dwelling units shall be permitted in the ACP.
(c)
Minimum open space: 30% of gross area of ACP
tract. For purposes of this requirement, "open space" shall mean those
portions of the ACP tract not covered by buildings, structures of
any kind, streets or other surfaces paved with impervious materials.
Open space on individual lots shall be calculated based on the assumed
maximization of impervious and building coverage permitted on each
lot.
(2)
Bulk requirements. The following bulk requirements
shall apply to the individual dwelling units in an ACP:
(a)
All detached units to be constructed on individual
lots in an ACP shall comply with and conform to the following requirements:
(b)
Minimum parking requirements:
[1]
Each detached unit shall include one attached
garage space and two off-street parking spaces, for a total of three
spaces.
[2]
A private driveway with capacity for off-street
parking of two automobiles shall be deemed to constitute two parking
spaces.
[3]
Each two-car garage driveway shall have a curb
cut of a minimum of 18 feet. Each one-car garage driveway shall have
a curb cut of a minimum of 12 feet.
[4]
Each driveway shall be set back a minimum of
five feet from side property lines.
(c)
Decks, patios, porches: A deck, patio or screened
porch shall be permitted within 10 feet of any rear yard line and
five of any side yard line.
(d)
Maximum building height: 35 feet/2 1/2 stories.
K.
Utilities. An ACP must be fully serviced by public
water service and sanitary sewerage systems. The developer shall pay
the cost of connection and transmission facilities necessary to connect
to the systems.
L.
Required recreation facilities. Any ACP shall contain
and provide for the benefit, use and enjoyment of its residents the
following recreation facilities:
(1)
A recreation area containing a recreation building
or clubhouse equal in size to 15 square feet for each dwelling unit
in the ACP.
(2)
A swimming pool of a minimum size of 30 x 50 feet,
with an adjacent improved sitting area surrounding all sides of the
pool with an aggregate area equal to twice the water surface area
of the pool.
(3)
Parking facilities serving the recreation area, with
a minimum number of parking spaces equal to one space for each 50
square feet of area comprising the recreation building.
(4)
Picnic/barbecue areas with a minimum size of 10 square
feet for each dwelling unit in the ACP.
(5)
One tennis court for each 90 dwelling units in the
ACP.
M.
Optional recreation facilities. An ACP may contain
the following facilities for the benefit, use and enjoyment of its
residents:
(1)
Paddle tennis courts.
(2)
Jogging trail.
(3)
Fitness/exercise courses.
(4)
Gardening areas (including greenhouses).
(5)
Boccie courts.
(6)
Shuffleboard courts.
(7)
Such other activities which the Planning Board shall
find to be consistent with the life-style of residents of an ACP and
which are subordinate to the residential character of an ACP.
N.
Ownership of recreation facilities. All recreation
facilities shall be owned by a homeowners' association as defined
herein.
O.
Setback and distance measurements. Building setbacks
and minimum distances between all buildings shall be measured from
lot lines (and not from street lines) to building foundation lines,
excluding foundations for fireplaces, porches and other exterior protrusions
of a building which do not protrude beyond six feet from the building
foundation line.
P.
Perimeter boundary setbacks. No buildings or structures,
other than entrance gatehouses, walls or fences, shall be located
within the minimum distances as follows:
(1)
Along the Garden State Parkway, a minimum of 40 feet
shall be maintained between the Garden State Parkway right-of-way
and any principal structure as defined above.
(2)
Along the border with Howell Township and Brick Township,
a minimum distance of 60 feet between principal dwellings in Howell
Township or Brick Township and principal dwellings in Wall Township
shall be maintained. In all events, the rear yard setback requirement
of this section shall be maintained regardless of the satisfaction
of the minimum distance between principal dwellings.
Q.
Homeowners' association; recorded covenants. Any ACP
shall be governed and regulated by on or more recorded declarations
of covenants and restrictions (C&R's) which shall provide for
and create one or more incorporated membership organizations under
Title 15 of the New Jersey Statutes in which all unit owners in the
ACP shall be required to be members of the homeowners' association.
(1)
The C&R's shall provide for:
(a)
The ownership, maintenance, operation and upkeep
of all recreation facilities, open space, streets and other common
areas within the ACP by the homeowners' association;
(c)
The procedure for creating, imposing and collecting
assessments from each unit owner to finance the foregoing; and
(d)
The organization, operation and management of
the homeowners' association.
(2)
A complete copy of the proposed C&R's and all
documents creating and organizing the homeowners' association shall
be submitted to the Planning Board for review and approval with the
first application for final subdivision and/or site plan approval
submitted for the ACP or the first section thereof.
R.
Streets and roads. All streets and roads in an ACP shall conform to the provisions of Part 5 of this chapter, except as hereinafter specifically provided, provided that the developer-applicant of an ACP shall expressly condition the preliminary subdivision and/or site plan approval of the ACP upon all streets and roads within the ACP being privately owned and maintained by the homeowners' association in perpetuity, such streets and roads shall be constructed in accordance with Part 5, except as follows:
(1)
Rolled or Belgian block curbs shall be permitted in
accordance with standards approved by the Township Engineer.
(2)
Maintenance or open space areas shall be the responsibility
of the developer or homeowners' association.
(3)
Street intersections shall conform with § 140-233B. Intersections between private streets and those involving driveways or entrances to parking areas area not subject to these requirements but shall instead be based upon standard parking lot requirements as determined by the Township Engineer.
(4)
Tangents between reverse curves on local and private
streets shall be a minimum of 40 feet unless otherwise provide for
by the Township Engineer.
(5)
The maximum length of permanent dead-end or cul-de-sac
streets shall be 600 feet. Loop roads are not subject to this requirement.
(6)
Pedestrian crosswalks may be required in blocks over
1,000 feet in length and may be straight or meandering.
(7)
All streets and roads within the tract shall be private
streets and shall have a minimum pavement width of 36 feet.
(8)
All sidewalks shall be a minimum of four feet in width;
provided, however, that where sidewalks are adjacent to parking lots,
the minimum width shall be five feet six inches.
(9)
No driveways shall enter any internal or private streets
at a point closer than 30 to any internal or private street intersection,
which distance shall be measured between the curbline or the pavement
edge of the intersecting street nearest to the driveway in question.
(10)
All internal private streets shall have a minimum
right-of-way width of 50 feet.
(11)
Sidewalks of four feet in width shall be provided
on both sides of all streets and will be located beginning three feet
from the curb face, with a grass strip between the curbline and the
sidewalk.
(12)
The minimum center-line radius for streets shall
be 100 feet, provided that no on-street parking shall be permitted
on any loop road around the recreation complex.
S.
Drainage. All on-site drainage shall be provided for
in accordance with the Township of Wall storm drainage requirements
and applicable Township ordinances pertaining to subdivision and development
of lands.
T.
Driveways, walks and parking areas. There shall be
provided a safe and convenient system of driveways, walks and parking
areas. Due consideration shall be given in planning walks, ramps and
driveways to prevent slipping or stumbling.
U.
Look-alike restriction.
(1)
Except as hereinafter provided, not more than one
building permit shall be issued for any dwelling to be erected in
the ACP if it is substantially alike in exterior design and appearance
with any neighboring dwelling. A building or structure shall be deemed
to be a neighboring dwelling if it is on the lot which is the first
lot next along any street, and in addition thereto, any lot which
is directly across a street.
(2)
Neighboring dwellings, as hereinabove defined, shall
be considered substantially alike in exterior design and appearance
if they are not different in at least three of the following six respects:
(a)
The relative location of a garage porch or any
other such structural appurtenance with respect to the facade.
(b)
The relative location or type of windows and
doors.
(c)
The type of roof, with respect to any appurtenances,
configuration, or pitch.
(d)
The type or color of siding material.
(e)
The type of roofing material or the color or
the pattern thereof.
(f)
Orientation of the building when viewed from
a single viewing point.
V.
Procedures for approval of ACP. Any developer applicant
proposing to develop an ACP shall make application to the Planning
Board for approval of a preliminary subdivision or site plan pursuant
to N.J.S.A. 40:55D-1 et seq.
W.
No municipal responsibility for operations. Neither
the provisions of this section, nor the granting of subdivision or
site plan approval for an ACP shall be deemed to render the Township
liable or responsible for:
(1)
The interpretation or enforcement of any agreement
between the applicant, developer, owner or operator of the ACP and
any resident or residents thereof;
(2)
The review, supervision or control of the operation
of an ACP or any phase thereof; or
(3)
The installation of any services of any kind involving
utilities to serve an ACP; provided, however, that the Township shall
retain the right to enforce the terms and provisions of this chapter
and all other ordinances of the Township of Wall applicable thereto.
The MLC-8A Zoning District consists of a portion
of Lot 8 in Block 263 which was granted use variance approval by the
Board of Adjustment on November 7, 1990, for 104 attached housing
units known as "Ashford Manor (Cove B)" on 26.20 acres yielding a
density of eight dwelling units per acre (eight DU/acre) in accordance
with general design standards contained in Part 5 and conditioned
upon a voluntary contribution of $210,000 ($2,019 per unit) to the
Wall Township Affordable Housing Trust Fund in accordance with Ordinance
26-1985, adopted December 11, 1985, and Ordinance 13-1986 adopted
on July 23, 1986; approved in the Housing Plan Element and Fair Share
Plan of the Township of Wall adopted August 1, 1988, and amended on
February 13, 1990, and November 26, 1990; and approved by a Judgment
of Repose on September 24, 1990, and the first amendment thereto filed
on December 11, 1990.
The ML-8B Zoning District consists of Block
274, Lots 20 and 21, which was granted use variance approval by the
Board of Adjustment for 67 senior low- and moderate-income senior
rental apartment units known as "Allaire Crossing" and 102 single-family
attached townhouse units known as "Allaire Manor" on 24.84 acres yielding
a density of eight dwelling units per acre in accordance with general
design standards contained in Part 5, and as approved in the Housing
Plan Element and Fair Share Plan of the Township of Wall adopted August
1, 1988, and amended on February 13, 1990, and November 26, 1990,
and approved by a Judgment of Repose on September 24, 1990, and amendments
thereto.
The MLC-3 Zoning District consists of Block
801, Lot 2, which was granted a use variance approval by the Board
of Adjustment on December 16, 1987, for 11 single-family attached
housing units known as "Neighbor" on 3.60 acres yielding a density
of three dwelling units per acre in accordance with general design
standards contained in Part 5 and conditioned upon the maintenance
of a twenty-percent set-aside or, in the event the Township adopted
a development fee ordinance, the payment of a fee in accordance with
the ordinance. The Township adopted a voluntary development fee ordinance
(Ordinance 34-1987) on December 9, 1987, which permitted Neighbor
and other developers that had obtained a variance on the basis of
Mount Laurel considerations to satisfy their Mount Laurel responsibilities
via the payment of a fee for each such unit constructed in their exclusively
market projects. Ordinance 34-1987 and the variance approval of Neighbor
is included in the Fair Share Plan and contemplated by the Housing
Plan Element approved by the Court on September 24, 1990. The MLC-3
designation memorializes the Board of Adjustment approval.
The MLC-7 Zoning District consists of Block
190, Lot 5, which was granted use variance approval by the Board of
Adjustment on October 15, 1986, for 12 single-family attached housing
units known as "Westgate" on 1.13 acres yielding a density of seven
dwelling units per acre in accordance with general design standards
contained in Part 5 and conditioned upon the maintenance of a twenty-percent
set-aside or, in the event the Township adopted a development fee
ordinance, the payment of a fee in accordance with the ordinance.
The Township adopted a voluntary development fee ordinance (Ordinance
34-1987) on December 9, 1987, which permitted Westgate and other developers
that had obtained a variance on the basis of Mount Laurel considerations
to satisfy their Mount Laurel responsibilities via the payment of
a fee for each such unit constructed in their exclusively market projects.
Ordinance 34-1987 and the variance approval of Westgate is included
in the Fair Share Plan and contemplated by the Housing Plan Element
approved by the Court on September 24, 1990. The MLC-7 designation
memorializes the Board of Adjustment approval.
A.
Permitted principal uses. In the ML-8A Zone, no premises
shall be used and no structure shall be erected, altered or occupied
for any purposes except the following:
(1)
Any principal use permitted in the prevailing or underlying
zone.
(2)
Townhouses.
(3)
Patio homes.
(4)
Quadplexes.
(5)
Zero lot line homes.
(6)
Multifamily structures of up to an average of six
units per building with a minimum of three and a maximum of eight
units per building, with up to four units on the first floor and up
to four units on the second floor or up to eight units on the ground
floor only.
(7)
Single-family cluster detached dwelling units.
(8)
Single-family cluster attached dwelling units.
(9)
Public parks, playgrounds, conservation areas, and
municipal services and facilities.
B.
Permitted accessory uses.
(1)
Common parking areas.
(2)
Common recreational facilities and structures and
common open space.
(3)
Private attached garage with a capacity for garaging
not more than two automobiles per unit.
(4)
Storage sheds attached to and incorporated in the
design of individual dwelling units.
(5)
Signs identifying the name of a development and not
exceeding 48 square feet in area, one of which may be located at each
entrance to a development from an external street.
(6)
Fences in perimeter or screening areas or private
outdoor areas between dwelling units.
(7)
Such other customary accessory uses and structures
as may be permitted by the approving authority. All structures accessory
to dwelling units shall be attached to the dwelling unit to which
they are accessory. Any common storage facility shall be attached
to a common building rather than freestanding.
C.
Compliance with site plan standards, subdivision standards
and zoning regulations. A development which qualifies for approval
under the Mount Laurel compliance process in the ML-8A Zone shall
be subject to all the requirements and development standards of this
chapter, except as those requirements or standards shall be modified
by this section, and except that the following regulations and standards
shall not apply to MLD-8 developments:
D.
Maximum regulations. Development in the ML-8A Zone
shall be subject to the following maximum regulations:
(1)
Density. There shall not be no more than eight dwelling
units constructed upon each acre of developable land within the tract,
excluding streams, bodies of water, wetlands, flood hazard areas and
slopes greater than 15%. The arrangement of dwelling units on the
site shall be such that there is at least a full acre of developable
land which can be assigned exclusively to each eight dwelling units.
Each such acre shall be capable of being defined by a line subscribed
around its eight dwelling units, which line shall close.
(2)
Impervious surfaces. The maximum total impervious
surface, including buildings, shall be 50% of the developable area
of the tract.
(3)
Lot coverage. The maximum lot coverage by building
shall be 30% of the developable area of the tract.
(4)
Building height. The mean building height of a principal
structure shall be 35 feet with a maximum height of 40 feet. The mean
building height of accessory structures shall be 16 feet. "Mean" height
shall be defined as the average elevation of all outside corners of
a structure from final grade to the highest point of the roof.
(5)
Maximum stories. Each building shall be limited to
two stories plus an attic above grade and a basement which must be
all or partly below grade. Attics and basements shall be used only
for storage, utilities, garages or similar uses.
E.
Minimum regulations. Development in the ML-8A Zone
shall be on a minimum of six acres and shall be subject to the following
minimum regulations:
(1)
Setbacks:
(a)
Fifty feet from an existing public street or
proposed collector street as designated on the Master Plan.
(b)
Twenty feet from any internal street.
(c)
Ten feet from an internal collective parking
area or driveway.
(d)
Thirty-five feet from any internal tract boundary,
except where the boundary borders a single-family lot on which an
existing residential dwelling is located less than 50 feet from the
common external tract boundary, in which case the setback shall be
50 feet from the external tract boundary.
(e)
Seventy-five feet from any other structure;
(f)
Single-family dwelling units shall be separated
by at least 10 feet, unless attached by a common wall. Single-family
dwelling units may be joined, however, by walls or fences which enclose
private yard areas.
(2)
Dwelling unit size. No residential dwelling unit on
a single floor shall contain less than 1,000 square feet of habitable
space. No residential dwelling unit of more than one story shall contain
less than 1,400 square feet of habitable space.
(3)
Dwelling unit storage. No dwelling unit shall contain
less than 300 cubic feet of storage space, which may be within garages,
basements or cellars, and which shall be in addition to closet space
provided with the unit. If within garages, a rectangle of not less
than 10 feet by 20 feet shall remain clear for parking vehicles.
(4)
Dwelling unit width. No dwelling unit shall be less
than 20 feet in width and the average width of all dwelling units
within a development shall not be less than 22 feet. If unit is at
least 55 feet in length, it may be 18 feet in width and the average
width of such units shall be 20 feet.
(5)
Dwelling unit characteristics. Each dwelling unit
shall contain, at a minimum, a separate living room, a separate bedroom,
a separate bathroom, and a kitchen which shall be located separate
and apart from other rooms, with the exception of a dining area.
(6)
Open space and recreation areas. Active and passive
recreational and open space areas shall be provided and shall include
suitable landscaping and sitting and walking areas.
F.
Other regulations. Developments in the ML-8A Zone
shall be subject to the following regulations, requirements and standards:
(1)
Not less than three or more than eight dwelling units
with a average of not more six units shall be contained within any
one building which contains more than one dwelling unit.
(2)
The front facade of any structure containing more
than one dwelling unit shall not continue on the same plane for a
distance of more than the width of four adjacent units. Offsets between
front facade planes shall not be less than four feet no more than
20 feet.
(3)
All utilities shall he installed underground and the
charges for all utilities, including streetlighting, shall be borne
by the homeowners' association.
(4)
All dwelling units shall be served by public water
and sanitary sewer systems. The developer shall pay the cost of connection
and transmission facilities necessary to connect to municipal sewer
and water systems.
(5)
Garbage and refuse storage and connection area suitable
for containerized collection shall be provided in sufficient number
and at locations convenient to all dwelling units. Such areas shall
be screened from view on three sides by solid fence, walls or other
suitable materials.
(6)
Garbage and refuse collection shall be provided and
maintained by the body responsible for internal streets and other
common facilities.
(7)
Streets, roads, driveways, parking facilities, walkways,
streetlights, fire hydrants, drainage facilities and other improvements
required by Part 5 or appropriate or necessary to the development
shall be installed by and at the expense of the developer, in accordance
with the specifications of Part 5, except as modified herein:
(a)
Rolled curbs shall be permitted, in accordance
with standards approved by the Township Engineer.
(c)
Storm sewer design (§ 140-244) may be in accordance with the USDA method, subject to the approval of the Township Engineer.
(d)
Storm drain pipes (§ 140-244B) may
be installed under curbs in streets to be privately maintained.
(e)
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer and his successors in title.
(f)
Street intersections (§ 140-233B) shall be spaced not less than 600 feet on collector streets, 500 feet on local streets and 250 feet on internal roads.
(i)
Pedestrian crosswalks (§ 140-236) may be required in blocks over 1,000 feet long and may be straight or curvilinear.
(j)
All streets and roads within the tract shall
be private streets and shall be maintained by the body responsible
for common areas. Rights of access and enforcement shall be formally
granted to the Township.
(l)
At least two parking spaces shall be provided
to each dwelling unit, at least one of which spaces shall be in an
attached garage. In addition, guest parking shall be provided at the
ratio of one space for every four units. Required parking spaces may
be provided in any combination: within attached garages, on driveways
leading to attached garages, parallel parking on internal streets,
or within collective parking lots or areas. At least one parking space
for each dwelling unit shall be within 100 feet of that dwelling unit
measured alone the route reasonably expected to be used to walk from
the dwelling unit to the parking space. Where driveways are utilized
to meet parking requirements, integrity and function of pedestrian
walkways shall be maintained.
(m)
Common open space, recreational or other facilities
may be owned, operated and maintained in any recognized legal capacity
and the maintenance of such facilities shall be the responsibility
of the owner or owners.
(n)
All dwelling units shall be constructed to be
offered for sale on a fee simple or condominium basis, subject to
such restrictions and covenants as may be required to establish common
rights and responsibilities.
(o)
All proposed deed restrictions, articles of
incorporation or other documents related to the creation of a homeowners'
association, trust documents or other deeds or documents or other
deeds or documents to provide for ownership and maintenance of common
property and facilities shall be submitted to the Township for review
by the Township Attorney prior to final approval of any subdivision
or site plan.
(p)
In all cases where the maintenance or repair
of any wall, fence or other improvement by its owner or his agent
would require entry upon an adjacent property, an appropriate easement
or right-of-way shall be created in favor of the subject owner. All
such easements shall be detailed and specific as to required notice
and any limitations upon the right of entry and shall provide a specific
means of arbitration in the event of disputes.
G.
Waivers or modifications of standards and requirements. The approving authority may grant waivers or modifications of any improvement requirements or standards of this section or Part 4 if appropriate and warranted by the facts and circumstances of each particular development and if recommended by the Township Engineer. The resolution of approval shall specifically state the reasons for any such waivers or modifications.
H.
Soil removal. The provisions of § 140-117 of this chapter pertaining to the removal of soil shall apply to developments in the ML-8A Zone as modified as follows:
(1)
The provisions of § 140-117A shall be modified to authorize the Planning Board to issue a temporary soil removal of subsoil as may be necessary to construct the structures approved by the approving authority.
(2)
The provisions of § 140-117B shall be modified to authorize the Planning Board to issue a temporary soil removal permit for the removal of soil, sand or gravel as may be necessary to render the premises suitable for the ML-8A development, for which a site plan or major subdivision plat has been approved. The Planning Board shall apply the standards of Chapter 188, Soil Removal.
I.
Performance guarantee. In the ML-8A Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
J.
Maintenance guarantee. In the ML-8A Zone, the provisions of § 140-93 with respect to the maintenance guarantees shall apply.
K.
Improvements required prior to issuance of certificate
of occupancy. In the ML-8A Zone, the provisions of 140-286I shall
apply with respect to the issuance of certificates of occupancy.
(1)
No permanent certificate of occupancy shall be issued
for any use or building until all required improvements are installed
and approved by the Township Engineer or other appropriate authority.
(2)
No temporary certificate of occupancy shall be issued
for any use or building unless the Township Engineer shall have, where
applicable, certified to the following:
(a)
Utilities and drainage: All utilities, including,
but not limited to, water, gas, storm drains, sanitary sewers, electric
lines and telephone lines shall have been properly installed and service
to the lot, building or use from such utilities shall be available.
(b)
Street rights-of-way: All street rights-of-way
necessary to provide access to the lot, building or use in question
shall have been completely graded and all slope-retaining devices
or slope planting shall have been installed.
(c)
Sidewalks: All sidewalks necessary to provide
access to the lot, building or use in question shall have been properly
installed.
(d)
Streets: Curbing, and the bituminous base course
of bituminous concrete streets necessary to provide access to the
required number of parking spaces for the building or use in question
shall have been properly installed.
(e)
Curbing and parking areas: Curbing and the bituminous
base course of parking areas necessary to provide access to the required
number of parking spaces for the building or use in question shall
have been properly installed.
(f)
Obstructions: All exposed obstructions in parking
areas, access drives or streets such as manhole frames, water boxes,
gas boxes and the like shall be protected by building to the top of
such exposures with bituminous concrete as directed by the Township
Engineer.
(g)
Screening, fences, and landscaping: All required
screening, fencing and/or landscaping related to the lot, building
or use in question shall have been properly installed, unless the
Township Engineer shall direct the developer to delay the planting
of screening and landscaping until the next planting season in order
to improve the chances of survival of such plantings.
(h)
Site grading: All site grading necessary to
permit proper surface drainage and prevent erosion of soils shall
have been completed in accordance with the approved soil disturbance
plans.
(i)
Public water supply: Where the proposed lot,
building or use is served by a public water supply, said supply shall
have been installed and tested and all required fire hydrants or fire
connections shall have been installed and tested and approved. However,
the public water supply shall not be used to supply outdoor sprinkler
systems.
(j)
Lighting: All outdoor lighting shall have been
installed and shall be operational.
(k)
Street signs and traffic control devices: All
street signs, paint lining and/or traffic control devices affecting
the proposed lot, building, or use, and required under the terms of
approval of a subdivision or site plan or by federal, county, or municipal
rules, regulations, or laws, shall have been installed.
(l)
Performance guarantee: The Engineer shall have
received a statement signed by the developer and any entity providing
any performance guarantee, which contains language identical or similar
to the following: "The issuance of any certificate of occupancy (temporary
or permanent) shall not be a basis for any claimed reduction in any
performance guarantee."
(m)
Other: Any other conditions established for
issuance of a certificate of occupancy by the Planning Board as a
condition of final site plan or subdivision approval shall be complied
with.
(n)
Temporary certificates of occupancy shall be
issued for a specified period of time, not to exceed one year.
L.
Inspection fees. The provisions of § 140-60, pertaining to inspection fees in all developments in the ML-8A Zone.
M.
Application fees. An application shall not be deemed
complete unless it is accompanied by an application fee for the entire
development in the amount of $1,000, plus $125 per unit for the first
25 units, plus $35 per unit for the next 75 units, plus $20 per unit
for each unit over 100 units.
N.
Revision fees. An additional fee in the amount of
50% of the application fee up to a maximum of $3,500 shall be paid
if revision of the preliminary plat or site plan requires further
consideration at a Planning Board hearing. If revision of the preliminary
plat or site plan does not require further consideration at a Planning
Board hearing, an additional fee in the amount of 20% of the application
fee up to a maximum of $l,500 shall be paid.
The MLC-8 Zoning District consists of Block
352, Lot 3, known as "Govel (Southport)" which was granted a use variance
approval by the Board of Adjustment in September 1986 for 30 single-family
attached housing units on 3.90 acres yielding a density of eight dwelling
units per acre in accordance with general design standards contained
in Part 5 and conditioned upon the maintenance of a twenty-percent
set-aside or, in the event the Township adopted a development fee
ordinance, the payment of a fee in accordance with the ordinance.
The Township adopted a voluntary development fee ordinance (Ordinance
34-1987) on December 9, 1987, which permitted Southport and other
developers that had obtained a variance on the basis of Mount Laurel
considerations to satisfy their Mount Laurel responsibilities via
the payment of a fee for each such unit constructed in their exclusively
market projects. Ordinance 34-1987 and the variance approval of Southport
is included in the Fair Share Plan and contemplated by the Housing
Plan Element approved by the Court on September 24, 1990. The MLC-8
designation memorializes the Board of Adjustment approval.
The MLC-9 Zone consists of Block 273, Lot 9,
known as "Old Mill Manor" which was granted a use variance approval
by the Board of Adjustment in September 1986 for 15 single-family
attached housing units on 1.6 acres yielding a density of 9.2 dwelling
units per acre in accordance with Part 5 and conditioned upon the
maintenance of a twenty-percent set-aside or, in the event the Township
adopted a development fee ordinance, the payment of a fee in accordance
with the ordinance. The Township adopted a voluntary development fee
ordinance (Ordinance 34-1987) on December 9, 1987, which permitted
Old Mill Manor and other developers that had obtained a variance on
the basis of Mount Laurel considerations to satisfy their Mount Laurel
responsibilities via the payment of a fee for each such unit constructed
in their exclusively market projects. Ordinance 34-1987 and the variance
approval of Old Mill Manor is included in the Fairs Share Plan and
contemplated by the Housing Plan Element approved by the Court on
September 24, 1990. The MLC-9 designation memorializes the Board of
Adjustment approval.
[Amended 10-12-2005 by Ord. No. 31-2005]
A.
Permitted principal uses. In the MLCC Zone, no premises
shall be used and no structure shall be erected, altered or occupied
for any purposes except the following:
(1)
Developments not participating in the Mount Laurel
program shall conform with the R-10 Residential Zone;
(2)
For developments participating in the Wall Township
Mount Laurel Program the following uses are permitted:
(a)
Congregate care and assisted living residential
facilities located in multifamily structures containing individual
living units which provide for and comply with the "Standards for
Assisted Living Residences" contained in N.J.A.C. 8:36-3 et seq.
(b)
Multifamily structures containing flats or apartment
units of up to 12 units per building; provided, however, that not
more than six units shall be on each floor.
B.
Permitted accessory uses.
(1)
Common parking areas.
(2)
Common storage structures and facilities subject to
the same limitations and requirements as the principal structures.
(3)
Common open space and recreational facilities and
structures subject to the same limitations and requirements as the
principal structures.
(4)
Private attached garages with a capacity for garaging
nor more than two automobiles per dwelling unit subject to the same
limitations and requirements as the principal structures.
(7)
Support facilities, functions and services intended
for the use and benefit of congregate care residents and their guests
including:
(a)
Indoor and outdoor recreational facilities.
(b)
Physical therapy facilities.
(c)
Entertainment facilities.
(d)
Libraries.
(e)
Food preparation facilities.
(f)
Dining facilities.
(g)
Linen service facilities.
(h)
Housekeeping service.
(i)
Security facilities, administrative offices,
storage facilities, chapels, and facilities for the temporary lodging
of guests.
C.
Compliance with site plan standards, subdivision standards
and regulations. Unless provided to the contrary herein, applications
for development in the MLCC Zone shall follow and be subject to the
applicable ordinances, procedures, regulations, standards and guidelines
as required for preliminary and final site plan and/or subdivision
review and other applicable ordinances which are incorporated herein
by reference.
D.
Maximum regulations. Congregate care and multifamily
development in the MLCC Zone shall be subject to the following maximum
regulations:
(1)
Density. The gross density shall be no more than 20
dwelling units per acre with:
(2)
Lot area. The minimum lot area for congregate care
or multifamily development shall be four acres.
(6)
Building height. Building height shall be a maximum of 35 feet as set forth in § 140-17, Definitions. Buildings within 150 feet of any single-family residential zoning district shall be limited to two stories plus a basement and an attic. A basement or an attic may not be used for habitation and shall be used only for storage, utilities or similar uses. Congregate care structures and multifamily dwelling unit buildings more than 150 feet from any single-family residential zone shall be limited to three stories.
E.
Minimum regulations. Congregate care and multifamily
development in the MLCC Zone shall be subject to the following minimum
regulations:
(1)
Set back requirements for buildings.
(a)
From an existing public street: 100 feet.
(b)
From an internal road: 25 feet.
(c)
From any internal parking access road: 25 feet.
(d)
From any internal parking area: 15 feet.
(e)
From any residential property line: 65 feet.
(f)
From any nonresidential property line: 30 feet.
(g)
From any other structure: 25 feet, provided
that when buildings have glass-to-glass proximity, a minimum of 50
feet shall be provided unless the glass planes are at more than a
fifteen-degree angle from one another.
(h)
From any wetlands transition area: 15 feet.
(2)
Multifamily dwelling unit storage. Multifamily dwelling
units containing two or more bedrooms shall provide for not less than
300 cubic feet of storage space, which space may be in basements or
cellars or in an external storage area attached to the unit and which
shall be in addition to closet space provided within the unit.
(4)
Multifamily dwelling unit characteristics. Each multifamily
dwelling unit shall contain, at a minimum, a separate bedroom, a separate
bathroom and a kitchen, which shall be located separate and apart
from other rooms, with the exception of a dining area. The bedroom
mix of dwelling units shall be in conformance with this section or
a developer's agreement approved by the Court.
(5)
Open space and recreation areas. Active and passive
recreational and open space areas shall be provided and shall include
suitable landscaping, sitting and walking areas, horseshoe and boccie
courts, field areas, swimming pool, a tot-lot, and/or court sport
facilities.
(6)
Buffer areas. Landscaped buffer strips shall be permanently
maintained in accordance with the following regulations. The buffer
area may be included in required setback areas and in required wetland
transition areas;
(a)
Buffer location and depth. Buffers shall be
maintained as follows:
[1]
Where the tract abuts an existing nonresidential
use or zone, a buffer strip at least 25 feet in width; and
[2]
Where congregate care or multifamily development
abuts a single-family residential use or zone, a buffer strip at least
50 feet in width; and
[3]
Where congregate care and multifamily development
abut, a buffer strip a least 30 feet in width.
(b)
Requirement of buffer area. Where an area required
for a buffer is already wooded, it shall be left in its natural state,
and the existing growth shall be supplemented with additional plant
material where necessary. Buffer areas shall contain a strip not less
than 20 feet in width containing massed evergreen and deciduous trees
and shrubs planted in such a manner that will provide a continuous
screen throughout the entire year within two full growing seasons
following the planting of the buffer. Evergreen trees shall have a
minimum height of five to six feet when planted, deciduous trees shall
be a minimum caliper of 2 1/2 inches, and shrubs shall be of sizes
and planted in accordance with American Association of Nurserymen's
Standards.
(c)
Use of buffer areas. Required buffers shall
be used for no other purpose than as a buffer and as part of the required
open space of the tract. The only structures which may be erected
with a buffer area are fences as elsewhere regulated in Part 4, Zoning,
and required utilities and access drives. All nonpaved areas shall
be suitably landscaped with trees, shrubs, grass, ground covers and
other landscaping materials.
F.
Other regulations. Congregate care and multifamily
developments in the MLCC Zone shall be subject to the following regulations,
requirements and standards:
(1)
The front facade of any structure containing more
than one dwelling unit shall not continue on the same plane for a
distance of more than 50 feet. Offsets between front facade planes
shall not be less than four feet nor more than 20 feet. No facades
offset from and adjoining another facade shall be on planes within
four feet of one another.
(2)
All utilities shall be installed underground by the
developer.
(3)
All dwelling units shall be served by public water
and sanitary sewer systems. The developers shall pay the cost of connection
and transmission facilities necessary to connect to the sewer and
water systems servicing the development.
(4)
Garbage, refuge storage and recyclable collection
areas suitable for containerized collection shall be provided in sufficient
numbers and at locations convenient to the dwelling units. Such areas
shall be screened from view by solid masonry walls, or other suitable
materials.
(5)
Garbage and refuse collection shall be provided and
maintained by the body responsible for internal private streets and
other common facilities.
(6)
Streets, roads, driveways, parking facilities, walkways,
streetlights, fire hydrants, drainage facilities and other improvements
required by this chapter or appropriate or necessary to the development
shall be installed at the expense of the developer in accordance with
the specifications of this section except as modified herein.
(7)
All streets and roads within the tract shall be private
streets and shall be maintained by the body responsible for common
areas. Rights of access and enforcement shall be formally granted
to the Township.
(8)
Internal private roads (§ 140-233) shall have the following pavement widths:
(a)
Interior private collector roads shall be 30
feet wide (no parking provided).
(b)
Interior private collector roads shall have
a minimum four-foot wide concrete sidewalk. Where adjacent to overhangs
and parking areas, the minimum width of sidewalks shall be five feet
six inches. This sidewalk may be within a required setback area.
(c)
Private parking access roads shall be a minimum
of 25 feet wide when included within any parking area.
(d)
Emergency access roads shall perform to minimum
standards approved by the Township Engineer for emergency access and
fire-fighting equipment.
(9)
Parking. Parking stalls shall be a minimum of nine
feet by 18 feet. Handicapped parking stalls shall be 12 feet by 18
feet and serviced by depressed curbing. Parking shall be provided
as follows:
(a)
Congregate care dwellings: at least 1/2 parking
spaces shall be provided for each living unit. In addition, guest
and employee parking shall be provided at the ratio of one space for
every five units.
(b)
Multifamily dwellings: at least two parking
spaces shall be provided for each dwelling unit. At least one parking
space for each dwelling unit shall be within 100 feet of that dwelling
unit measured along the route reasonably expected to be used to walk
from the dwelling unit to the parking space.
(10)
Common open space, recreational or other facilities
shall be owned, operated and maintained as such by the owner, if rental,
or by an association comprised of all the owners of the individual
units if such units are to be sold by the developer.
(11)
All conventional dwelling units shall be constructed
to be offered for sale on a fee simple or condominium basis and shall
be subject to such restrictions and covenants as may be required to
establish common rights and responsibilities.
(12)
All proposed deed restrictions, articles of
incorporation or other documents related to the creation of a homeowners'
association, trust documents, sales deeds, or other documents to provide
for ownership, age restrictions for rental units, and maintenance
of common property and facilities shall be submitted to the Township
for review by the Planning Board and Township Attorney prior to final
review of any subdivision or site plan.
(13)
In any case where the maintenance or repair
of any wall, fence or other improvement by its owner or his agent
would require entry upon adjacent property, an appropriate easement
or right shall be created in favor of the subject owner. All such
easements shall be detailed as to the required notice and any limitations
upon the right of entry and shall provide a specific means of arbitration
in the event of disputes.
(14)
Performance guarantee. In the MLCC Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
(15)
Maintenance guarantee. In the MLCC Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply.
(16)
Improvements required prior to issuance of certificate of occupancy. In the MLCC Zone, the provisions of § 140-302K shall apply with respect to the issuance of certificate of occupancy.
A.
The ML-25 Zoning District consists of Block 811, Lots
23 and 24, known as "Orchard Crest (Lions Head)" for 206 units on
171.2 acres yielding a density of 1.2 dwelling units per acre and
conditioned upon a voluntary contribution of $1,030,000 ($10,000 per
unit for each unit over 103 units). Such Mount Laurel development
is permitted by the Housing Plan Element of the Wall Township Master
Plan as adopted August 1, 1988; the Consent Order Approving Settlement
entered March 3, 1989; and the developer's agreement. To the extent
of any inconsistency among these documents, the terms of the consent
order of March 3, 1989, shall govern.
B.
Permitted principal uses. In the ML-25 Mount Laurel
Compliance Zone, no premises shall be permitted and no structure shall
be erected, altered or occupied for any purpose except the following:
The MH Zoning District consists of Block 72, Lots 31, 32 and 35, and known as "Bearmore Mobile Homes," which was granted use variance approval by the Board of Adjustment for 37 mobile home units on 7.75 acres yielding a density of seven dwelling units per acre in accordance with Chapter 153, Mobile Homes and Mobile Home Parks.
The ML-7 regulations contained in this section
may be utilized for a one-hundred-percent set-aside Mount Laurel inclusionary
project on a portion or portions of Lot 17 and 45 in Block 907 as
a conditional use within the GI General Industrial Zone.
Development of this site is designed to implement the Housing Plan
Element adopted by the Wall Township Planning Board on March 30, 1998,
provided that not more than 110 units on not less than 17.5 acres
be permitted on the site. The development of the one-hundred-percent
inclusionary residential development in accordance with this section
shall be in accordance with the Judgment of Repose granted by His
Honor Eugene D. Serpentelli, A.J.S.C., on February 17, 1998.
A.
Permitted principal uses. In the ML-7 Zone, no premises
shall be used and no structure shall be erected, altered or occupied
for any purposes except the following:
(1)
Townhouses, provided that not more than 12 units shall
be attached.
(2)
Quadplexes.
(3)
Multifamily structures containing flats or apartment
units of up to 16 units per building; provided, however, that not
more than eight units shall be on each floor.
(4)
Public parks, playgrounds and conservation areas.
(5)
Municipal services and facilities.
B.
Permitted accessory uses.
(1)
Common parking areas.
(2)
Common private recreational facilities and structures,
and open space.
(3)
Private attached garages with a capacity for garaging
not more than two automobiles per dwelling unit.
(4)
Storage sheds attached to individual dwelling units
and/or structures containing dwelling units.
(7)
Such other customary accessory uses and structures
as may be permitted by the approving authority. All structures accessory
to dwelling units shall be attached to the dwelling unit to which
they are accessory. Any common storage facility shall be attached
to a common building rather than freestanding.
C.
Compliance with site plan standards, subdivision standards
and regulations. Unless provided to the contrary herein, applications
for development in the ML-7 Zone shall follow and be subject to the
applicable ordinances, procedures, regulations, standards and guidelines
as required for preliminary and final site plan and/or subdivision
review and other applicable ordinances which are incorporated herein
by reference.
D.
Maximum regulations. Development in the ML-7 Zone
shall be subject to the following maximum regulations:
(1)
Density. The net density shall not be more than seven
dwelling units per acre of upland area including upland areas dedicated
even as conservation area; provided, however, that rental apartment
development may be developed at a net density of not more than eight
dwelling units per acre.
(2)
Impervious surfaces. The maximum total impervious
surface, including buildings, shall be 40% of the developable area
of the tract.
(3)
Building height. Building height shall be a maximum of 35 feet as set forth in § 140-17, Definitions. Each building shall be limited to two stories plus an attic and a basement which shall be all or partly below grade. Attics and basements shall be used only for storage, utilities or similar uses. The Planning Board may permit three-story structures on sloped areas of 5% to 15% where buildings would be "shelved" into the slope.
(4)
Development on slopes. No development of any building
shall be permitted on slopes which exceed 15%. Roads and utilities
may be developed on slopes which exceed 15% if the Planning Board
finds that:
(a)
Such development is necessary to the development
of the site in accordance with principles of good planning; and
(b)
That the developer will achieve such development
with the minimum of disturbance to the slope and existing vegetation
and that any disturbance shall be remediated to the maximum extent
possible.
E.
Minimum regulations. Development in the ML-7 Zone
shall be subject to the following minimum regulations:
(1)
Setback requirements.
(a)
from an existing public street: 65 feet.
(b)
From an internal road: 25 feet.
(c)
From any internal parking access road: 20 feet.
(d)
From any internal parking area: 15 feet.
(e)
From any external tract boundary: 65 feet.
(f)
From any other structure: 25 feet, provided
that when buildings have glass to glass proximity, a minimum of 35
feet shall be provided unless the glass planes are at more than a
fifteen-degree angle from one another.
(g)
From any wetlands transition area: 20 feet.
(2)
Dwelling unit storage. No dwelling unit shall contain
less than 300 cubic feet of storage space, which space may be in attics,
basements or cellars or may be in an external storage area attached
to the unit and which shall be in addition to closed space provided
within the unit.
(3)
Dwelling unit width. No multifamily dwelling unit
shall be less than 16 feet in width.
(4)
Dwelling unit characteristics. Each dwelling unit
shall contain, at a minimum, a separate bedroom, a separate bathroom
and an kitchen which shall be located separate and apart from other
rooms, with the exception of a dining area. The mix of dwelling units
shall be in conformance with this chapter.
(5)
Open space and recreation areas. Active and passive
recreational and open space areas shall be provided. There shall be
a minimum of one acre of active recreation area for each 100 dwelling
units or fractions thereof. Recreation shall include a softball field,
picnic areas tot-lots (one per 100 dwellings), and basketball courts
(one per 100 dwellings). A swimming pool is optional by the developer.
Common open space, recreational or other facilities shall be owned,
operated and maintained as such by an association comprised of all
the owners of the individual units.
(6)
Buffer areas. A landscaped buffer strip of at least
35 feet in width shall be permanently maintained in accordance with
the following regulations. The buffer area may be included in required
setback areas and in regulated wetland transition areas.
(a)
Buffer location. Where the tract abuts an existing
residential use and where any nonresidential use abuts a residential
use within the zone, a landscaped buffer strip at least 35 feet in
width shall be permanently maintained along the property line abutting
the existing residential use. Existing vegetation shall be maintained
to the greatest extent possible and supplemented if necessary to form
a continuous planted buffer area.
(b)
Requirements of buffer area. Buffer areas shall
contain massed evergreen and deciduous trees and shrubs planted in
such a manner that will provide a continuous screen throughout the
entire year within two full growing seasons following the planting
of the buffer. Evergreen trees shall have a minimum height of five
to six feet when planted, deciduous trees shall be a minimum caliper
of two inches and shrubs shall be of sizes and planted in accordance
with American Association of Nurserymen's Standards.
(c)
Use of buffer areas. Required buffers shall
be used for no other purpose than as a buffer and as part of the required
open space of the tract. The only structures which may be erected
within a buffer area other than wetland transition area are fences
as elsewhere regulated in this chapter. All nonpaved areas shall be
suitably landscaped with trees, shrubs, grass, ground covers and other
landscaping materials.
(d)
Wooded areas. Where an area required for a buffer
is already wooded, it shall be left in its natural state, and the
existing growth shall be supplemented with additional plant material
where necessary to bring the buffer area up to the minimum requirements
of this chapter.
(7)
Signs. A maximum of two permanent entry identification
sign not to exceed 100 square feet in aggregate area shall be permitted.
Said entry signs shall not be more than 10 feet in height.
F.
Other regulations. Developments in the ML-7 Zone shall
be subject to the following regulations, requirements and standards:
(1)
The front facade of any structure containing more
than one dwelling unit shall not continue on the same plane for a
distance of more than the width of six adjacent units. Offsets between
front facade planes shall not be less than four feet nor more than
20 feet.
(2)
All utilities shall be installed underground by the
developer.
(3)
All dwelling units shall be served by public water
and sanitary sewer systems. The developer shall pay the cost of connection
and transmission facilities necessary to connect to the sewer and
water systems servicing the development.
(4)
Garbage, refuge storage and recyclable collection
areas suitable for containerized collection shall be provided in sufficient
numbers and at locations convenient to the dwelling units. Such areas
shall be screened from view by solid masonry walls, or other suitable
materials.
(5)
Garbage and refuse collection shall be provided and
maintained by the body responsible for internal private streets and
other common facilities.
(6)
Streets, roads, driveways, parking facilities, walkways,
streetlights, fire hydrants, drainage facilities and other improvements
required by this chapter or appropriate or necessary to the development
shall be installed at the expense of the developer in accordance with
the specifications of this chapter except as modified herein.
(7)
All streets and roads within the tract shall be private
streets and shall be maintained by the body responsible for common
areas. Rights of access and enforcement shall be formally granted
to the Township.
(8)
Internal private roads (§ 140-233) shall have the following pavement widths.
(a)
Interior private access roads shall be a minimum
of 30 feet wide with no parking provided, and 36 feet if parking is
provided on one side. Access roads connecting to Township streets
shall conform to Township street standards.
(b)
Interior private collector roads shall have
a minimum four-foot wide concrete sidewalk. Where adjacent to overhang
and parking areas, the minimum width of sidewalks shall be four feet,
with a minimum grass strip between the sidewalk and curb of two feet.
This sidewalk may be within a required setback area.
(c)
Private parking access roads shall be a minimum
of 25 feet wide when included within any parking area.
(9)
At least two parking spaces shall be provided for
each dwelling unit. In addition, guest parking shall be provided at
the ratio of one space for every four units. At least one parking
space for each dwelling unit shall be within 100 feet of that dwelling
unit measured along the route reasonably expected to be used to walk
from the dwelling unit to the parking space. Parking stalls shall
be a minimum of nine feet by 18 feet. Handicapped parking stalls shall
be twelve feet by 18 feet and serviced by depressed curbing.
(10)
Development within the ML-7 Zone shall provide 20% inclusionary low- and moderate-income dwelling units in accordance with Article XLII, low- and moderate-income housing regulations for inclusionary housing developments. All conventional dwelling units may be constructed on a rental basis or may be offered for sale on a fee simple or condominium basis, subject to such restrictions and covenants as may be required to establish common rights and responsibilities. All low- and moderate-income units shall be rental units only.
(11)
All proposed restrictive covenant, articles
of incorporation or other documents related to the creation of a homeowners'
association, trust documents or other deeds or documents to provide
for ownership and maintenance of common property and facilities shall
be submitted to the Township for review by the Planning Board and
Township Attorney prior to final review of any subdivision or site
plan.
(12)
In any case where the maintenance or repair
of any wall, fence or other improvements by its owner or his agent
would require entry upon the adjacent property, an appropriate easement
or right shall be created in favor of the subject owner. All such
easements shall be detailed in specifications as to the required notice
and any limitations upon the right of entry and shall provide a specific
means of arbitration in the event of disputes.
(a)
Performance guarantee. In the ML-7 Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
(b)
Maintenance guarantee. In the ML-7 Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply.
(c)
Improvements required prior to issuance of certificate of occupancy. In the ML-7 Zone, the provisions of § 140-286I shall apply with respect to the issuance of certificates of occupancy.
A.
Purposes. The MLC-RAC, MLC-3.4 and MLC-HB-200 Zoning Districts consist of Block 874, Lots 2 and 3, and Block 893, Lots 19, 24, 26, 47, 48, 50 and 51, which was zoned for retirement community, townhouse and highway business in accordance with Ordinance 4-94 and conditioned upon a voluntary contribution of $5,000 per unit of residential development to the Wall Township Affordable Housing Trust Fund as provided in § 140-282 and approved by a Judgment of Repose on September 24, 1990, and the fifth amendment thereto filed on December 15, 1994, and the Housing Plan Element and Fair Share Plan of the Township of Wall adopted September 16,1990.
B.
Approving authority. The Planning Board shall be the
approving authority for all applications for development under this
section.
C.
Eligibility for participation. In every area zoned
for MLC-RAC, property may be developed in accordance with the provisions
of the zone district in which the property was located immediately
prior to its inclusion in the MLC-RAC Zone, or a developer may elect
to participate in the Mount Laurel compliance process. A developer
shall be eligible to participate upon satisfaction of the following
conditions:
D.
Permitted principal uses. In the MLC-RAC Zone, no
site shall be used and no structure shall be erected, altered or occupied
for any purpose, except the following:
(1)
Developments not participating in the Mount Laurel
Compliance Program shall conform with the R-60 or OP-10 Zone District
regulations as may be applicable.
E.
Definition of "adult community project" (ACP).
(1)
An "adult community project" is a private residential
community comprised of various housing types and accessory uses intended
for, and limited and restricted to, use and occupancy by:
(a)
Any person of the age of 55 years or over; or
(b)
A husband or wife, regardless of age, residing
with his or her spouse, provided the spouse of such person is of the
age of 55 years or over; or
(c)
A child or children residing with a permissible
occupant, provided the child or children is or are of the age of 19
years or older; or
(d)
An individual or individuals, regardless of
age, residing with and providing physical or economic support to a
permissible occupant.
(2)
The foregoing occupancy restrictions shall not be
construed to prohibit the occupants of any unit in an ACP from entertaining
guests, of any age, in their units, including temporary residency
not to exceed three months, with no financial or other pecuniary consideration
to be paid therefor.
F.
Minimum tract size. An ACP may only be developed on
one or more contiguous parcels of land having a total gross area of
not less than 50 acres.
G.
Permitted principal uses. The principal uses of buildings
in an ACP shall be limited to the following:
(1)
Single-family detached units, provided that they comply
with the area and bulk zoning requirements of this section.
(2)
Recreation facilities permitted under this section.
(3)
Sales and administrative offices required for the
construction, sale, resale and management of the ACP.
(4)
Maintenance buildings.
H.
Permitted accessory uses. The accessory uses of buildings
and structures in an ACP shall be limited to the following:
(1)
Master television antenna system and/or cable television
antenna/reception facilities.
(2)
Common parking areas for guest parking or dedicated
for specific parking purposes such as recreational vehicle and trailer
parking.
(3)
Buildings for storage of vehicles, equipment and supplies.
(4)
Outbuildings and structures as part of the recreation
facilities.
(5)
Public and private parks and gardens.
(6)
Private greenhouses.
(7)
Private swimming pools.
I.
Permitted accessory uses for dwelling units. Accessory
uses on the same single-family residential lot and customarily incidental
to the permitted principal use shall be permitted, including:
(1)
Private attached garage with a capacity for garaging
two vehicles per unit.
(2)
Storage sheds attached to and incorporated in the
design of individual dwelling units.
(3)
Fences.
(4)
Decks, patios, gazebos and screened porches.
(5)
Such other customary accessory uses and structures
as may be permitted by the approving authority.
J.
Bulk requirements. The following bulk requirements
shall be applicable to the MLC-RAC Zone:
(1)
Open space/coverage/density requirements. The following
requirements shall apply to any ACP:
(a)
Maximum building coverage: 25% of gross area
of ACP tract.
(b)
Maximum building density: 2.2 units per gross
acre of ACP tract; subject, however, to the condition that a maximum
of 400 dwelling units shall be permitted in the ACP.
(c)
Minimum open space: 30% of gross area of ACP
tract. For purposes of this requirement, "open space" shall mean those
portions of the ACP tract not covered by buildings, structures of
any kind, streets or other surfaces paved with impervious materials.
K.
Bulk requirements. The following bulk requirements
shall apply to the individual dwelling in an ACP.
(1)
(3)
Decks, etc.: A deck, patio or screened porch shall
be permitted within 10 feet of any rear yard line and five of any
side yard line.
(4)
Maximum building height: 35 feet or 2 1/2 stories,
provided that no more than 20% of all units shall be greater than
one story in height.
L.
Utilities. An ACP must be fully serviced by public
water service and sanitary sewerage systems. The developer shall pay
the cost of connection and transmission facilities necessary to connect
to the systems.
M.
Required recreation facilities. Any ACP shall contain
and provide for the benefit, use and enjoyment of its residents, the
following recreation facilities:
(1)
A recreation area containing a recreation building
or clubhouse equal in size to 10 square feet for each dwelling unit
in the ACP.
(2)
A swimming pool of a minimum size of 30 feet by 50
feet, with an adjacent improved sitting area surrounding all sides
of the pool with an aggregate area equal to twice the water surface
area of the pool.
(3)
Parking facilities serving the recreation area, with
a minimum number of parking spaces equal to one space for each 50
square feet of area comprising the recreation building.
(4)
Picnic/barbecue areas with a minimum size of 10 square
feet for each dwelling unit in the ACP.
(5)
One tennis court for each 200 dwelling units in the
ACP.
(6)
Boccie courts.
(7)
Shuffleboard courts.
N.
Optional recreation facilities. An ACP may contain
the following facilities for the benefit, use and enjoyment of its
residents:
(1)
Paddle tennis courts.
(2)
Jogging trail.
(3)
Fitness/exercise courses.
(4)
Gardening areas (including greenhouses).
(5)
Such other activities which the Planning Board shall
find to be consistent with the life-style of residents of an ACP and
which are subordinate to the residential character of an ACP.
O.
Ownership of recreation facilities. All recreation
facilities shall be owned by a homeowners' association as defined
herein.
P.
Setback and distance measurements. Building setbacks
and minimum distances between all buildings shall be measured from
lot lines (and not from street lines) to building foundation lines,
excluding foundations for fireplaces, porches and other exterior protrusions
of a building which do not protrude beyond six feet from the building
foundation line.
Q.
Perimeter boundary setbacks. No buildings or structures,
other than entrance gatehouses, walls or fences, shall be located
within 50 feet of any exterior boundary line of the ACP tract.
R.
Homeowners' association; recorded covenants.
(1)
Any ACP shall be governed and regulated by on or more
recorded declarations of covenants and restrictions (C&R's) which
shall provide for and create one or more incorporated membership organizations
under Title 15 of the New Jersey Statutes in which all unit owners
in the ACP shall be required to be members (the "homeowners' association").
The C&R's shall provide for:
(a)
The ownership, maintenance, operation and upkeep
of all recreation facilities, open space, streets and other common
areas within the ACP by the homeowners' association;
(c)
The procedure for creating, imposing and collecting
assessments from each unit owner to finance the foregoing; and
(d)
The organization, operation and management of
the homeowners' association.
(2)
A complete copy of the proposed C&R's and all
documents creating and organizing the homeowners' association shall
be submitted to the Planning Board for review and approval with the
first application for final subdivision and/or site plan approval
submitted for the ACP or the first section thereof.
S.
Streets and roads. All streets and roads in an ACP shall conform to the provisions of Part 5 of this Chapter 140, Land Use and Development Regulations, except as hereinafter specifically provided.
(1)
The developer-applicant of an ACP shall expressly
condition the preliminary subdivision and/or site plan approval of
the ACP upon all streets and roads within the ACP being privately
owned and maintained by the homeowners' association in perpetuity.
Such streets and roads shall be constructed in accordance with Part
5, except as follows:
(a)
Minor streets (i.e. streets of not more than
1,200 feet in length which shall be through streets or terminate in
a cul-de-sac) and minor collector streets shall have an overall paved
roadway width of 32 feet.
(b)
Major collector streets shall have a paved roadway
width of 40 feet.
(c)
All ACP streets shall be constructed with a
six-inch road gravel base conforming to the New Jersey Highway Specifications
Grade A or B, with a CABC-1 of 1 1/2 inches in thickness of bituminous
concrete binder course and a one-inch bituminous concrete surface
course. If roll curbing is utilized, the measurement of the paved
roadway width shall include roll curb, along any street, and in addition
thereto, any lot which is directly across a street.
(2)
Neighboring dwellings, as hereinabove defined, shall
be considered substantially alike in exterior design and appearance
if they are not different in at least three of the following six respects:
(a)
The relative location of a garage porch or any
other such structural appurtenance with respect to the facade.
(b)
The relative location or type of windows and
doors.
(c)
The type of roof, with respect to any appurtenances,
configuration, or pitch.
(d)
The type or color of siding material.
(e)
The type of roofing material or the color or
the pattern thereof.
(f)
Orientation of the building when viewed from
a single viewing point.
T.
Procedures for approval of ACP. Any developer applicant
proposing to develop an ACP shall make application to the Planning
Board for approval of a preliminary subdivision or site plan pursuant
to N.J.S.A. 40:55D-1 et seq.
U.
No municipal responsibility for operations. Neither
the provisions of this section, nor the granting of subdivision or
site plan approval for an ACP shall be deemed to render the Township
liable or responsible for:
(1)
The interpretation or enforcement of any agreement
between the applicant, developer, owner or operator of the ACP and
any resident or residents thereof;
(2)
The review, supervision or control of the operation
of an ACP or any phase thereof; or
(3)
The installation of any services of any kind involving
utilities to serve an ACP; provided, however, that the Township shall
retain the right to enforce the terms and provisions of this chapter
and all other ordinances of the Township of Wall applicable thereto.
B.
Approving authority. The Planning Board shall be the
approving for all applications for development under this section.
C.
Eligibility for participation. In every area zoned
for MLC-3.4, property may be developed in accordance with the provisions
of the zone district in which the property was located immediately
prior to its inclusion in the MLC-3.4 Zone, or a developer may elect
to participate in the Mount Laurel compliance process. A developer
shall be eligible to participate upon satisfaction of the following
conditions:
D.
Permitted principal uses. In the MLC-3.4 Zone, no
site shall be used and no structure shall be erected, altered or occupied
for any purpose, except the following:
(1)
Developments not participating in the Mount Laurel
Program shall conform with the OP-10 Zone District regulations.
(2)
For developments participating in the Mount Laurel
Compliance Program, the following uses are permitted: attached townhome
developments, with a maximum of 52 dwelling units, with no more than
eight dwelling units to a building.
E.
Permitted accessory uses. Permitted accessory uses
in the MLC-3.4 Zone shall be as follows:
(1)
Common parking areas.
(2)
Common storage structures and facilities subject to
the same limitations and requirements as the principal structures.
(3)
Common open space and recreational facilities and
structures subject to the same limitations and requirements as the
principal structures.
(4)
Private attached garages with a capacity for garaging
not more than two automobiles per unit subject to the same limitations
and requirements as the principal structures.
(7)
Support facilities, functions and services intended
for the use and benefit of the occupants and owners of the units.
F.
Maximum regulations. Developments in the MLC-3.4 Zone
shall be subject to the following maximum regulations:
(1)
Density. The gross density shall be no more than 3.4 units per acre, subject to Subsection F(2) hereof.
(2)
Number of units. No more than 52 townhouse units shall
be constructed.
(3)
Lot area. The lot area of the tract to be developed
shall be no less than 15 acres.
(4)
Building coverage. The maximum building coverage shall
be no more than 15%.
(5)
Impervious coverage. The impervious coverage shall
be no more than 40%.
(6)
Height. The maximum building height shall be no more
than 2 1/2 stories/35 feet.
G.
Minimum regulations. Developments in the MLC-3.4 Zone
shall be subject to the following minimum regulations:
(1)
Minimum open space. Thirty percent of the gross area
of the tract to be developed in the MLC-3.4 Zone shall be open space.
For purposes of this requirement, "open space" shall mean those portions
of the tract not covered by buildings, structures of any kind, streets
or other surfaces paved with impervious materials.
(3)
Dwelling unit width. No unit such be less than 20
feet wide.
(4)
Storage. Each unit with two or more bedrooms shall
provide, in addition to closets within the unit, not less than 300
cubic feet of storage located in a basement, cellar, or external area.
(5)
Unit characteristics. Units shall contain, at a minimum,
a separate bedroom, a separate bathroom, and a kitchen which shall
be located separate and apart from other rooms, with the exception
of a dining area.
(6)
Open space. Open space shall be provided and shall
be suitably landscaped. Open space may include active or passive recreational
areas such as sitting and walking areas, tot-lots, court sport facilities,
field areas and swimming pools.
(8)
Buffer areas. Landscaped buffer strips shall be permanently
maintained in accordance with the following regulations. The buffer
area may be included in required setback areas and in required wetlands
or wetland transition areas:
(b)
Requirement of buffer area. Where an area required
for a buffer is already wooded, it shall be left in its natural state,
and the existing growth shall be supplemented with additional plant
material where necessary. Buffer areas shall contain a strip not less
than 20 feet in width containing massed evergreen and deciduous trees
and shrubs planted in such a manner that will provide a continuous
screen throughout the entire year within two full growing seasons
following the planting of the buffer. Evergreen trees shall have a
minimum height of five to six feet when planted, deciduous trees shalt
be a minimum caliper of 2 1/2 inches, and shrubs shall be of sizes
and planted in accordance with American Association of Nurserymen's
Standards.
(c)
Use of buffer areas. Required buffers shall
be used for no purpose other than as a buffer and as part of the required
open space of the tract. The only structures which may be erected
within a buffer area are fences as elsewhere regulated in this chapter
and required utilities and access drives. All nonpaved areas shall
be suitably landscaped with trees, shrubs, grass, ground covers and
other landscaping materials.
H.
Other regulations. Developments in the MLC-3.4 Zone
shall be subject to the following regulations, requirements and standards:
(1)
The front facade of any structure containing more
than one dwelling unit shall not continue on the same plane for a
distance of more than 50 feet. Offsets between front facade planes
shall not be less than four feet nor more than 20 feet. No facade
offset from and adjoining another facade shall be on planes within
four feet of one another.
(2)
All utilities shall be installed underground by the
developer.
(3)
All dwelling units shall be served by public water
and sanitary sewer systems. The developer shall pay the cost of connection
and transmission facilities necessary to connect to the systems.
(4)
Streets, roads, driveways, parking facilities, walkways,
streetlights, fire hydrants, drainage facilities and other improvements
required by the Township's regulations or appropriate or necessary
to the development shall be installed at the expense of the developer
in accordance with the specifications of this chapter except as modified
herein.
(5)
All streets and roads within the tract shall be private
streets and shall be maintained by the body responsible for common
areas. Rights of access and enforcement shall be formally granted
to the Township.
(6)
Parking on street. Parking stalls shall be a minimum
of nine feet by 18 feet. Handicapped parking stalls shall be 12 feet
by 19 feet and be serviced by decreased curbing.
(7)
Common open space, recreational or other facilities
shall be owned, operated and maintained as such by the owner, if rental,
or by an association composed of all the owners of the individual
units, if such units are to be sold by the developer.
(8)
All conventional dwelling units constructed to be
offered on a fee simple or condominium basis shall be subject to such
restrictions and covenants as may be required to establish common
rights and responsibilities.
(9)
All proposed restrictive covenants, articles of incorporation
or other documents related to the creation of a homeowners' association,
trust documents, deeds or other documents to provide for ownership,
age restrictions for sales or rental units, and maintenance of common
property and facilities shall be submitted to the Township for review
by the Planning Board and Township Attorney prior to final review
of any subdivision or site plan.
(10)
In any case where the maintenance or repair
of any wall, fence or other improvement by its owner or his agent
would require entry upon adjacent property, an appropriate easement
or right shall be created in favor of the subject owner. All such
easements shall be detailed as to the required notice and any limitations
upon the right of entry and shall provide a specific means of arbitration
in the event of disputes.
A.
Purpose. The purpose of the MLC-HB-200 Mount Laurel
Compliance District is to permit certain flexibility in the development
of commercial property associated with a residential development which
participates in the Township's Mount Laurel Compliance Program.
B.
Approving authority. The Planning Board shall be the
approving authority for all applications for development under this
section.
C.
Eligibility for participation. In every area zoned
for MLC-HB-200, property may be developed in accordance with the provisions
of the zone district in which the property was located immediately
prior to its inclusion in the MLC-HB- 200 Zone, or a developer may
elect to participate in the Mount Laurel compliance process. A developer
shall be eligible to participate upon satisfaction of the following
conditions:
D.
Permitted principal uses. In the MLC-HB-200 Zone,
no site shall be used and no structure shall be erected, altered or
occupied for any purpose, except the following:
(1)
Developments not participating in the Mount Laurel
Compliance Program shall conform with the OP-10 Zone District regulations.
(2)
For developments participating in the Mount Laurel
Compliance Program, the following uses are permitted:
(a)
All permitted, accessory and conditional uses
in the HB-200 Zone District, with the exception of the following uses:
|
NAICS Code
|
Use
| |
|---|---|---|
|
255
|
Special trade contractors
| |
|
4411
|
Motor vehicle dealers
| |
|
4471
|
Gasoline service stations
| |
|
441222
|
Boat dealers
| |
|
44121
|
Recreational vehicle dealers
| |
|
441221
|
Motorcycle dealers
| |
|
8122
|
Funeral services
| |
|
5321
|
Automobile rental and leasing
| |
|
8111
|
Automobile repair shops
| |
|
811192
|
Car washes
|
(3)
Eating places, with and without liquor licenses (NAICS
codes 722and 72241) shall be permitted uses; provided, however, that
no drive-through window at any eating establishment shall be permitted,
and, provided further that no freestanding eating establishment of
the type commonly referred to as a "fast-food establishment" shall
be permitted in the zone.
A.
Age restriction. In the ML-12A Zone, a request for
age-restricted housing units may only be granted after the Wall Township
Planning Board or Board of Adjustment has received the consent of
the Township Committee. The consent of the Township Committee shall
consist of the authorization and execution of a developer's agreement
between the Township and the owner or developer of property located
in the ML-12A Zone. The developer's agreement shall govern the nature
of the area restricted multifamily project to be constructed by the
developer, and shall provide for the payment of a monetary contribution
to the Township's Affordable Housing Trust Fund by the developer.
The Planning Board shall make compliance with such developer's agreement
a condition of any approval it may grant for a development in the
ML-12A Zone.
B.
Permitted principal uses. In the ML-12A Zone, no premises
shall be used and no structure shall be erected, altered or occupied
for any purposes except the following:
C.
Permitted accessory uses.
(1)
Enumeration of permitted accessory uses.
(a)
Common parking areas.
(b)
Common private recreational facilities and structures
and open space.
(c)
Private attached garages with a capacity for
garaging not more than two automobiles per dwelling unit.
(d)
Storage sheds attached to individual dwelling
units and/or structures containing dwelling units not to exceed 20
square feet per shed.
(g)
Such other customary accessory uses and structures
as may be permitted by the approving authority.
(2)
All structures accessory to dwelling units shall be
attached to the dwelling unit to which they are accessory.
(3)
Any common storage facility shall be attached to a
common building, rather than freestanding.
D.
Compliance with site plan standards, subdivision standards
and regulations. Unless provided to the contrary herein, applications
for developments in the ML-12A Zone shall follow and be subject to
the applicable procedures, regulations, standards and guidelines as
required for preliminary and final site plan and/or subdivision review
of this chapter and other applicable ordinances which are incorporated
herein by reference.
E.
Maximum regulations. Development in the ML-12A Zone
shall be subject to the following maximum regulations:
(1)
Density. The gross density shall be no more than 23
dwelling units per acre.
(2)
Impervious surfaces. The maximum total impervious
surface, including buildings, shall be 60% of the developable area
of the tract for residential units.
(3)
Building height. Each building shall be limited to four stories and an optional basement, either of which may be partly below grade. Dwelling units may be located on any of the four stories. Basements shall be used only for a rental/management office, storage utilities common community facilities and amenities or similar uses. Building height shall be a maximum of 40 feet as set forth in § 140-17, Definitions, of this chapter. Each building shall be limited to three stories and a basement which shall be partly below grade. Basements shall be used only for a rental/management office, storage, utilities or similar uses.
(4)
Bedroom distribution. All units shall have either
one or two bedrooms.
F.
Minimum regulations. Developments in the ML-12A Zone
shall be subject to the following minimum regulations:
(1)
Building setback requirements.
(a)
From an existing public street: 65 feet.
(b)
From an internal road: 15 feet.
(c)
From any internal parking access road: 15 feet.
(d)
From any internal parking area: 15 feet.
(e)
From any external tract boundary: 25 feet.
(f)
From any other structure: 20 feet, provided
that when buildings have glass to glass proximity, minimum of 25 feet
shall be provided unless the glass planes are at more than fifteen-degree
angle.
(2)
Dwelling unit width. No dwelling shall be less than
19 feet six inches in width.
(3)
Dwelling unit characteristics. Each dwelling unit
shall contain, at a minimum, a separate bedroom, a separate bathroom
and a kitchen which shall be located separate and apart from other
rooms, with the exception of a dining area. The mix of dwelling units
shall be in conformance with this chapter.
(4)
Buffer areas.
(a)
Buffer location. Where the tract abuts an existing
residential use and where any nonresidential use abuts residential
use within the zone, a landscaped buffer strip at least 20 feet in
width shall be permanently maintained along the property line abutting
the existing residential use. Existing vegetation shall be maintained
to the greatest extent possible.
(b)
Requirement of buffer area. Buffer areas shall
contain massed evergreen and deciduous trees and shrubs planted in
such a manner that will provide a continuous screen throughout the
entire year within two full growing seasons following the planting
of the buffer. Evergreen trees shall have a minimum height of five
to six feet when planted, deciduous trees shall be a minimum caliper
of 1 1/2 inches and shrubs shall be of sizes and planted in accordance
with the American Association of Nurserymen's Standards.
(c)
Use of buffer, areas. Required buffers shall be used for no other purpose than as a buffer and as part of the required open space of the tract. The only structures which may be erected within a buffer area are fences as elsewhere regulated in Part 4, Zoning, of this chapter, sidewalks, trails retaining walls, drive openings, and necessary internal driveways. All nonpaved areas shall be suitably landscaped with trees, shrubs, grass, ground covers, and other landscaping materials. Retaining areas shall be permitted in steep-slope areas.
(d)
Wooded areas. Where an area required for a buffer is already wooded, it shall be left in its natural state to the maximum extent feasible, and the existing growth shall be supplemented with additional plant material where necessary to bring the buffer area up to the minimum requirements of Part 4, Zoning, of this chapter.
(e)
Landscaping. On any lot or property proposed
for residential development of two or more lots or two or more residential
units which abut a property used for commercial, recreational, office,
industrial, medical, manufacturing, or airport purposes or a lot or
property zoned for commercial, recreational, office, industrial or
airport use, a landscape buffer strip of at least 20 feet in width
shall be permanently maintained along the property line abutting such
use or zone.
G.
Other regulations. Developments in the ML-12A Zone
shall be subject to the following regulations, requirements and standards:
(1)
All utilities shall be installed underground by the
developer.
(2)
All dwelling units shall be served by public water
and sanitary sewer systems. The developer shall pay the cost of connection
and transmission facilities necessary to connect to the sewer and
water systems servicing the development.
(3)
Garbage, refuge storage and recyclable collection
areas suitable for containerized collection shall be provided in two
areas. Such areas shall be screened from view by fencing or other
suitable materials.
(4)
Garbage and refuse collection shall be provided and
maintained by the body responsible for internal private streets and
other common facilities.
(5)
Streets, roads, driveways, parking facilities, walkways,
streetlights, fire hydrants, drainage facilities and other improvements
required by this chapter or appropriate or necessary to the development
shall be installed at the expense of the developer in accordance with
the specifications of this chapter except as modified herein:
(6)
All streets and roads within the tract shall be private
streets and shall be maintained by the body responsible for common
areas. Rights of access and enforcement shall be formally granted
to the Township.
(7)
Internal private roads (§ 140-233) shall have the following pavement widths:
(a)
Interior loop aisles shall be 18 feet wide (no
parking provided).
(b)
Parking access/aisles should be 25 feet wide.
(c)
The entrance roadway shall be 30 feet wide.
(d)
Interior private collector roads shall be 25
feet wide (no parking provided).
(e)
Interior private collector roads shall have
a minimum four-foot wide sidewalk. Where adjacent to overhangs and
parking areas, the minimum width of sidewalk shall be five feet six
inches. This sidewalk may be within a required setback area. If the
sidewalks are within an island separating parking stalls, the sidewalks
may be from curb to curb but no less than four feet in width.
(8)
Parking.
(a)
Parking shall be provided as follows:
|
Number of Parking Spaces Per Unit
|
Number of Bedrooms
| |
|---|---|---|
|
1
|
0.75
| |
|
2
|
1.00
|
(b)
Parking stalls shall be a minimum of nine feet
by 18 feet, including overhang areas. Handicapped parking stalls shall
be eight feet wide with a five-foot aisle by 18 feet long and serviced
by depressed curbing.
(c)
A minimum of 130 parking spaces shall be provided.
(d)
A minimum of 10% of the parking spaces shall
be provided.
(e)
Each parking space shall consist of a suitably
graded, drained and unobstructed area in the plane of which no straight
line shall have a grade in excess of 7% or less than 0.5%.
(f)
Curb return radii on safety islands adjacent
to traffic flow shall be a minimum of two feet.
(g)
All parking spaces shall be of sufficient size
to allow parking in one maneuver. Parking spaces, ramps, etc., shall
be provided for the physically handicapped, in accordance with the
Americans with Disabilities Act.
(h)
Backup areas with a minimum depth of five feet
shall be provided in all parking lots where there are dead-ends.
(9)
Common open space, recreational or other facilities
shall be owned, operated and maintained as such by an association
comprised of all the owners of the individual units.
(10)
All detention basins and facilities located
within the ML-12A Zone shall comply with all applicable regulations
under the Flood Hazard Control Act, N.J.S.A. 58:16A-50 et seq. and
the New Jersey Stormwater Management Act, N.J.S.A. 7:8 et seq. If
any wetlands areas are utilized for stormwater management, the regulations
of the New Jersey Department of Environmental Protection shall apply
and any inconsistent provisions of the applicable Wall Township ordinances
may be waived. Trees, shrubs and other vegetation may be planted on
the slopes or banks of detention basins or facilities constructed
in fill, provided the landscaping is attractively maintained. All
detention and retention basins with permanent dry-weather pools of
water shall have a water depth to minimize propagation of mosquitoes
and provided with mechanical aeration for water quality.
(11)
All proposed restrictive covenants, articles
of incorporation or other documents related to the creation of a homeowners'
association, trust documents or other deed or documents to provide
for ownership, age restrictions for rental units, and maintenance
of common property and facilities shall be submitted to the Township
for review by the Planning Board and Township Attorney prior to final
review of any subdivision or site plan.
(12)
In any case where the maintenance or repair
of any wall, fence or other improvement by its owner or his or her
agent would require entry upon the adjacent property, an appropriate
easement or right shall be created in favor of the subject owner.
All such easements shall be detailed in specifications as to the required
notice and any limitations upon the right of entry shall provide a
specific means of arbitration in the event of disputes.
(13)
Performance guarantee. In the ML-12A Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
(14)
Maintenance guarantee. In the ML-12A Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply.
H.
Design requirements. Developments in the ML-12A Zone
shall be subject to the following standards:
ML-13-SC Multifamily Senior Citizen (13 DU/acre)
Zone. The ML-12-SC Zoning District consists of Block 240, Lot 54,
which was granted use variance approval by the Board of Adjustment
on December 18, 1991, for 26 age-restricted senior citizen rental
apartment units known as "Colfax Senior Apartments" on 1.90 acres
yielding a density of 13.68 dwelling units per acre in accordance
with general design standards contained in Part 5 and conditioned
upon the a deed restriction for 100% of the units limiting the initial
rent in 1992 to be $400 per unit plus utilities with an annual increase
in the rental rate not to exceed the annual cost of living index.
The Township has determined that the rental rate established at the
time of the approval qualified the 22 one-bedroom and two two-bedroom
units as moderate-income units in accordance with the New Jersey Council
on Affordable Housing 1992 affordable income limits and thus are qualified
for credit in accordance with N.J.A.C. 5:93-1 et seq. The ML-13-SC
zoning district designation memorializes the Board of Adjustment approval
and conditions made a part thereof.
[Added 11-21-2006 by Ord. No. 23-2006]
A.
Permitted principal uses. In the MLCC (30 dwelling
units per acre) Zone, no premises shall be used and no structure shall
be erected, altered or occupied for any purposes except the following:
(1)
Developments not participating in the Mount Laurel
program shall conform with all regulations of this chapter pertaining
to the RR-6 Residential Zone;
(2)
For developments participating in the Wall Township
Mount Laurel Program, the following uses are permitted; all such uses
hereinafter collectively referred to as "congregate care":
B.
Permitted accessory uses.
(1)
Common parking areas.
(2)
Common storage structures and facilities subject to
the same limitations and requirements as the principal structures.
(3)
Common open space and recreational facilities and
structures subject to the same limitations and requirements as the
principal structures.
(6)
Support facilities, functions and services intended
for the use and benefit of congregate care residents and their guests,
including:
(a)
Indoor and outdoor recreational facilities.
(b)
Physical therapy facilities.
(c)
Entertainment and personal care facilities.
(d)
Libraries.
(e)
Food preparation facilities.
(f)
Dining facilities.
(g)
Linen service facilities.
(h)
Housekeeping services.
(i)
Secure facilities, administrative offices, storage
facilities, chapels, and facilities for the temporary lodging of guests.
C.
Compliance with site plan standards, subdivision standards
and regulations. Unless provided to the contrary herein, applications
for development in the MLCC Zone shall follow and be subject to the
applicable ordinances, procedures, regulations, standards and guidelines
as required for preliminary and final site plan and/or subdivision
review and other applicable ordinances which are incorporated herein
by reference.
D.
Maximum regulations. Development in the MLCC Zone
shall be subject to the following maximum regulations:
[Amended 3-14-2007 by Ord. No. 5-2007]
(1)
Density. The gross density shall be no more than 30
dwelling units per acre.
(2)
Lot area. The minimum lot area for congregate care
or multifamily development shall be four acres.
(3)
Building coverage. The maximum building coverage,
including accessory buildings, shall be 20%.
(4)
Impervious surfaces. The maximum total impervious
surface, including pavement and buildings, shall be 40%.
E.
Minimum regulations. Congregate care and multifamily
development in the MLCC Zone shall be subject to the following minimum
regulations:
(1)
Setback requirements for buildings.
(2)
Open space and recreation areas. Active and passive
recreational and open space areas shall be provided and shall include
suitable landscaping, sitting and walking areas, and such other recreational
facilities as may be appropriate for the use.
(3)
Buffer areas. Landscaped buffer strips shall be permanently
maintained in accordance with the following regulations. The buffer
area may be included in required setback areas and in required wetland
transition areas.
(a)
Buffer location and depth. Buffers shall be
maintained as follows:
[1]
Where the tract abuts an existing nonresidential
use or zone, a buffer strip at least 20 feet in width; and
[2]
Where congregate care development abuts a single-family
residential use or zone, a buffer strip at least 50 feet in width;
and
[3]
Where the tract abuts public open space, no
buffer shall be required.
(b)
Requirements of buffer area. Where an area required
for a buffer is already wooded, it shall be left in its natural state,
and the existing growth shall be supplemented with additional plant
materials where necessary. Buffer areas shall contain a strip not
less than 20 feet in width containing massed evergreen and deciduous
trees and shrubs planted in such a manner that will provide a continuous
screen throughout the entire year within two full growing seasons
following the planting of the buffer. Evergreen trees shall have a
minimum height of five to six feet when planted, deciduous trees shall
be a minimum caliper of 2 1/2 inches, and shrubs shall be of
sizes and planted in accordance with American Association of Nurserymen's
standards.
(c)
Use of buffer areas. Required buffers shall
be used for no other purpose than as a buffer and as part of the required
open space of the tract. The only structures which may be erected
with a buffer area are fences as elsewhere regulated in the chapter,
and required utilities and access drives. All nonpaved areas shall
be suitably landscaped with trees, shrubs, grass, ground covers and
other landscaping materials.
F.
Other regulations. Congregate care developments in
the MCC Zone shall be subject to the following regulations, requirements
and standards:
(1)
All utilities shall be installed underground by the
developer.
(2)
All developments shall be served by public water and
sanitary sewer systems. The developer shall pay the cost of connection
and transmission facilities necessary to connect to the sewer and
water systems servicing the development.
(3)
Garbage, refuse storage and recyclable collection
areas suitable for containerized collection shall be provided in sufficient
numbers and locations. Such areas shall be screened from view by solid
masonry walls, or other suitable materials.
(4)
Garbage and refuse collection shall be provided and
maintained by the body responsible for internal private streets and
other common facilities.
(5)
Streets, roads, driveways, parking facilities, walkways,
streetlights, fire hydrants, drainage facilities and other improvements
required by this chapter or appropriate or necessary to the development
shall be installed at the expense of the developer in accordance with
the specifications of this section except as modified herein.
(6)
All streets and roads within the tract shall be private
streets and shall be maintained by the body responsible for common
areas. Rights of access and enforcement shall be formally granted
to the Township.
(7)
Internal private roads (§ 140-233) shall have the following pavement widths:
(a)
Interior private collector roads shall be 30
feet wide (no parking provided).
(b)
Interior private collector roads shall have
a minimum four-foot-wide concrete sidewalk. Where adjacent to overhangs
and parking areas, the minimum width of sidewalks shall be five feet
six inches. This sidewalk may be within a required setback area.
(c)
Private parking access roads shall be a minimum
of 25 feet wide when included within any parking area.
(d)
Emergency access roads shall perform to minimum
standards approved by the Township Engineer for emergency access and
fire-fighting equipment.
(8)
Parking. Parking stalls shall be a minimum of nine
feet by 18 feet. Handicapped parking stalls shall be 12 feet by 18
feet and serviced by depressed curbing. Parking shall be provided
as follows:
(a)
Congregate care dwellings: at least 1/2 parking
space shall be provided for each dwelling unit. In addition, guest
and employee parking shall be provided at the ratio of one space for
every five units.
(9)
Common open space, recreational or other facilities
shall be owned, operated and maintained as such by the owner.
(10)
In any case where the maintenance or repair
of any wall, fence or other improvement by its owner of his agent
would require entry upon adjacent property, an appropriate easement
or right shall be created in favor of the subject owner. All such
easements shall be detailed as to the required notice and any limitations
upon the right of entry and shall provide a specific means of arbitration
in the event of disputes.
(11)
Performance guarantee. In the MLCC Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
(12)
Maintenance guarantee. In the MLCC Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply.
(13)
Improvements required prior to issuance of certificate of occupancy. In the MLCC Zone, the provisions of § 140-302K shall apply with respect to the issuance of a certificate of occupancy.
[Added 8-22-2018 by Ord.
No. 10-2018]
A.
Purpose. The purpose of this zone is to allow for a multifamily project
of mixed residential uses that partially addresses the Township's
affordable housing obligation. The developer's agreement shall govern
the nature of the restricted multifamily project to be constructed
by the developer, and require a 20% set-aside for affordable housing
with the option of a payment in lieu of construction if permitted
in the developers agreement. The Planning Board shall make compliance
with such developer's agreement a condition of any approval it may
grant for a development in the ML-10 Zone. Development not part of
the Mount Laurel compliance program shall conform to underlining zoning
requirements.
B.
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract, containing the entirety of the multifamily and townhouse developments along with all ancillary components; separate tracts for the multifamily and townhouse developments; and the fee simple parcels within the townhouse tract. This zone operates under a technical subdivision provision pursuant to § 140-81 of the Wall Township Ordinance, which allows a developer to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
D.
Permitted accessory uses.
(1)
Enumeration of permitted accessory uses and structures.
(a)
Common parking areas.
(b)
Common private recreational facilities and structures and open
space, including but not limited to a clubhouse and swimming pool.
(c)
Private attached garages for not more than two vehicles.
(d)
Common maintenance and trash facilities.
(e)
All provisions of the Wall Township sign regulations contained in Article XXIX shall apply with the exception of the following:
[1]
Maximum number of monument signs, inclusive of a double-sided
sign constituting one sign: one plus two directional signs which shall
also be monument signs;
[2]
Maximum height: eight feet;
[3]
Maximum area per side of each sign: 80 square feet for monument
sign and 20 square feet for related directional sign;
[4]
Minimum sign setback from the property line: 10 feet;
[5]
Minimum distance between signs: 40 feet.
(f)
Up to but not exceeding one caretaker unit.
(g)
Such other uses and structures that are customary and incidental
to the principal use as may be permitted by the approving authority.
All structures accessory to individual dwelling units shall be attached
to the dwelling unit to which they are accessory.
(h)
Detached/freestanding storage units, which shall be used only
for the personal storage of residents residing on site, or equipment
to maintain the facility.
E.
Compliance with site plan standards, subdivision standards and regulations.
Unless provided to the contrary herein, applications for developments
in the ML-10 Zone shall follow and be subject to the applicable procedures,
regulations, standards and guidelines as required for preliminary
and final site plan and/or subdivision review of this chapter and
other applicable ordinances which are incorporated herein by reference.
F.
Maximum regulations. Development in the ML-10 Zone shall be subject
to the following maximum regulations:
(1)
Density. The gross density of the overall tract shall be no
more than 10 dwelling units per acre, prior to any dedications of
land to public entities.
(2)
Impervious surfaces. The maximum total impervious surface shall
not exceed 60%, of the developable area of the tract.
(3)
The maximum total lot coverage by buildings shall be 30% of
the developable area of the tract.
(4)
Residential units per building. The maximum residential units
per building in multifamily buildings shall be 30. The maximum residential
units per building in townhouses shall be six.
(5)
Principal building length. The maximum principal building length
for both multifamily and townhouse buildings shall be 200 feet.
(6)
Building height.
(a)
Each townhouse shall be limited to 2.5 stories and 35 feet and
shall include the option of a basement, provided that the basement
is not a story above grade.
(b)
Each multifamily building shall be a maximum of three stories
and 45 feet.
(c)
Accessory clubhouse and maintenance buildings shall be limited
to one story and 20 feet in height.
(7)
Bedroom distribution. Multifamily units shall have either one-,
two-, or three-bedroom units. Townhouses shall have either two- or
three-bedroom units.
G.
Minimum regulations. Developments in the ML-10 Zone shall be subject
to the following minimum regulations:
(1)
Overall tract requirements, including parcels for both multifamily
and townhouses developments:
(a)
Minimum lot area: 18 acres.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot frontage: 200 feet.
(d)
Minimum lot depth: 200 feet.
(e)
Minimum building setback from internal lot lines: zero feet.
(f)
Minimum principal building setback from external tract line:
50 feet.
(g)
Minimum accessory building setback from external tract boundary:
15 feet.
(h)
Minimum distance between structures: 35 feet.
(i)
Minimum principal building setback from internal roads: 15 feet.
(j)
Minimum principal building setback from internal parking access
roads: 15 feet.
(k)
Minimum principal building setback from internal parking area:
15 feet.
(l)
Accessory structures shall be permitted in the front yard area
if adequately screened and buffered from view from all public streets.
(2)
Parcel requirements for individual townhouse lots:
(3)
Dwelling unit width. No multifamily dwelling shall be less than
15 feet in width. No townhouse dwelling shall be less than 20 feet
in width.
(4)
Dwelling unit characteristics. Each dwelling unit shall contain,
at a minimum, a separate bedroom, a separate bathroom and a kitchen
which shall be located separate and apart from other rooms except
for the living area. The mix of dwelling units shall be in conformance
with this chapter.
(6)
Dwelling unit storage. No dwelling unit shall contain less than
250 cubic feet of storage space, which may be within garages, basements,
cellars or separate storage buildings, and which shall be in addition
to bedroom closet space provided with the unit. If within garages,
a rectangle of not less than nine feet by 18 feet shall remain clear
for parking vehicles.
(7)
Open space and recreation areas. The applicant shall provide
recreational amenities for townhouse and multifamily residents, including:
(a)
A recreation building or clubhouse with a minimum size of 25
square feet for each dwelling unit in the development.
(b)
Open lawn play area(s) with a minimum combined square footage
of 1,000 square feet.
(c)
Picnic/barbecue area(s).
(d)
Bicycle parking.
(e)
Three or more of the following facilities: a swimming pool of
a minimum size of 800 square feet, boccie court, pickleball court,
tot lot/play area, tennis court, basketball court, community garden,
exercise area, off-leash dog area, and other related recreational
amenities as approved by the Board. For the purposes of this subsection,
a swimming pool shall count as two facilities.
(8)
Buffer and landscape areas.
(a)
Buffer location. Except as otherwise permitted by the approving
authority, where the overall tract abuts an existing residential zone,
use, or use permitted in a residential zone, a landscaped buffer strip
at least 35 feet in width shall be permanently maintained along the
property line abutting such zone or use. Where the overall tract abuts
a nonresidential zone or use not permitted in a residential zone,
a landscaped buffer strip at least 25 feet in width shall be established
and permanently maintained along the property line abutting such zone
or use. Existing vegetation shall be maintained to the greatest extent
possible.
(b)
Buffer areas shall consist of lawn area and massed evergreen
and deciduous trees and shrubs planted in such a manner that will
provide a continuous visual screen throughout the entire year within
a period of two full growing seasons following the planting of the
buffer. Evergreen coniferous trees shall have a minimum height of
six feet when planted. Deciduous trees shall have a minimum caliper
of 2 1/2 inches when planted. All plant material shall conform
to the current American Standard for Nursery Stock sponsored by the
American Association of Nurseryman, Inc.
(c)
Use of buffer, areas. Required buffers shall be used for no
other purpose than as a buffer and as part of the required open space
of the tract. The only structures which may be erected within a buffer
area are fences as elsewhere regulated in Part 4 of the Land Use and
Development Regulations and retaining walls, drive openings, and necessary
internal driveways, for the first 400 feet of driveway entrance to
the site unless otherwise permitted by the approving authority.
(d)
Wooded areas. Where an area required for a buffer is already
wooded, it shall be left in its natural state to the maximum extent
feasible, and the existing growth shall be supplemented with additional
plant material where necessary as required by the approving authority.
(e)
The proposed tree clearing grading and landscape plan shall
respect and complement the existing topographic features of the site
where practical.
(f)
All mechanical equipment, trash enclosures, and related accessory
structures shall be screened from view.
H.
Other regulations. Developments in the ML-10 Zone shall be subject
to the following regulations, requirements and standards:
(1)
All utilities shall be installed underground by the developer.
(2)
All dwelling units shall be served by public water and sanitary
sewer systems. The developer shall pay the cost of connection and
transmission facilities necessary to connect to the sewer and water
systems servicing the development.
(3)
Garbage, refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with Article XXXV of the Land Use and Development Regulations.
(4)
Garbage and refuse collection shall be provided and maintained
by the body responsible for internal private streets and other common
facilities.
(5)
Streets, roads, driveways, parking facilities, walkways, streetlights,
fire hydrants, drainage facilities and other improvements required
by this chapter or appropriate or necessary to the development shall
be installed at the expense of the developer in accordance with the
specifications of this chapter except as modified herein:
(6)
All streets and roads within the tract shall be private streets
and shall be maintained by the body responsible for common areas.
Rights of access and enforcement shall be formally granted to the
Township.
(7)
The New Jersey Residential Site Improvement Standards at N.J.A.C.
5:21 shall govern the pavement width of internal private roads.
(8)
Parking. The New Jersey Residential Site Improvement Standards
at N.J.A.C. 5:21 shall govern the parking requirements.
(9)
Common open space, recreational or other facilities shall be
owned, operated and maintained as such by an association comprised
of all the owners of the individual units and/or a property management
company for the apartment buildings.
(10)
All detention basins and facilities located within the ML-9
Zone shall comply with all applicable regulations under the Flood
Hazard Control Act, N.J.S.A. 58:16A-50 et seq., and the New Jersey
Stormwater Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas
are utilized for stormwater management, the regulations of the New
Jersey Department of Environmental Protection shall apply and any
inconsistent provisions of the applicable Wall Township ordinances
may be waived. Trees, shrubs and other vegetation may be planted on
the slopes or banks of detention basins or facilities constructed
in fill, provided the landscaping is attractively maintained. All
detention and retention basins with permanent dry-weather pools of
water shall have a water depth to minimize propagation of mosquitoes
and provided with mechanical aeration for water quality.
(11)
All proposed restrictive covenants, articles of incorporation
or other documents related to the creation of a homeowners' association,
trust documents or other deed or documents to provide for ownership,
age restrictions for rental units, and maintenance of common property
and facilities shall be submitted to the Township for review by the
Planning Board and Township Attorney prior to final review of any
subdivision or site plan.
(12)
In any case where the maintenance or repair of any wall, fence
or other improvement by its owner or his or her agent would require
entry upon the adjacent property, an appropriate easement or right-of-way
shall be created in favor of the subject owner. All such easements
shall be detailed in specifications as to the required notice and
any limitations upon the right of entry shall provide a specific means
of arbitration in the event of disputes.
(13)
Soil removal. The provisions of § 140-117 of this chapter pertaining to the removal of soil shall apply to developments in the ML-8A Zone as modified as follows:
(a)
The provisions of § 140-117A shall be modified to authorize the Planning Board to issue a temporary soil removal of subsoil as may be necessary to construct the structures approved by the approving authority.
(b)
The provisions of § 140-117B shall be modified to authorize the Planning Board to issue a temporary soil removal permit for the removal of soil, sand or gravel as may be necessary to render the premises suitable for the ML-8A development, for which a site plan or major subdivision plat has been approved. The Planning Board shall apply the standards of Chapter 188, Soil Removal.
(14)
Performance guarantee. In the ML-10 Zone, the provisions of § 140-92 with respect to performance guarantees shall apply. Performance guarantees shall be permitted separately for the multifamily and townhouses phases.
(15)
Maintenance guarantee. In the ML-10 Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply. Maintenance guarantees shall be permitted separately for the multifamily and townhouses phases.
(16)
Improvements required prior to issuance of certificate of occupancy. In the ML-10 Zone, the provisions of § 140-286I shall apply with respect to the issuance of certificates of occupancy.
(a)
No permanent certificate of occupancy shall be issued for any
use or building until all required improvements are installed and
approved by the Township Engineer or other appropriate authority.
(b)
No temporary certificate of occupancy shall be issued for any
use or building unless the Township Engineer shall have, where applicable,
certified to the following:
[1]
Utilities and drainage. All utilities, including,
but not limited to, water, gas, storm drains, sanitary sewers, electric
lines and telephone lines shall have been properly installed, and
service to the lot, building or use from such utilities shall be available.
[2]
Street rights-of-way. All street rights-of-way
necessary to provide access to the lot, building or use in question
shall have been completely graded and all slope-retaining devices
or slope planting shall have been installed.
[3]
Sidewalks. All sidewalks necessary to provide access
to the lot, building or use in question shall have been properly installed.
[4]
Streets. Curbing and the bituminous base course
of bituminous concrete streets necessary to provide access to the
required number of parking spaces for the building or use in question
shall have been properly installed.
[5]
Curbing and parking areas. Curbing and the bituminous
base course of parking areas necessary to provide access to the required
number of parking spaces for the building or use in question shall
have been properly installed.
[6]
Obstructions. All exposed obstructions in parking
areas, access drives or streets such as manhole frames, water boxes,
gas boxes and the like shall be protected by building to the top of
such exposures with bituminous concrete as directed by the Township
Engineer.
[7]
Screening, fences, and landscaping. All required
screening, fencing and/or landscaping related to the lot, building
or use in question shall have been properly installed, unless the
Township Engineer shall direct the developer to delay the planting
of screening and landscaping until the next planting season in order
to improve the chances of survival of such plantings.
[8]
Site grading. All site grading necessary to permit
proper surface drainage and prevent erosion of soils shall have been
completed in accordance with the approved soil disturbance plans.
[9]
Public water supply. Where the proposed lot, building
or use is served by a public water supply, said supply shall have
been installed and tested and all required fire hydrants or fire connections
shall have been installed and tested and approved. However, the public
water supply shall not be used to supply outdoor sprinkler systems.
[10]
Lighting. The lighting plan shall comply with
all applicable ordinance requirements, as well as the following standards:
[a]
All outdoor lighting shall be aimed, located, designed,
fitted and maintained so as not to present a disabling glare hazard
to drivers or a nuisance to neighboring properties. Glare shall be
controlled through the use of full cutoff fixtures, the appropriate
application of mounting height, wattage, aiming, fixture placement,
and fixture design, etc. and the addition of shields and baffles as
necessary.
[b]
Applicants shall use fixtures to complement the
building architecture. Pole-mounted lights shall be a maximum of 20
feet tall. Floodlights and spotlights shall not be permitted.
[c]
Lighting shall be controlled by automatic switching
devices, such as timers, motion detectors, and/or photocells, to extinguish
potentially offending, nonessential light sources overnight, to minimize
glare and sky-lighting consequences.
[d]
Freestanding signs shall not be internally illuminated.
[11]
Street signs and traffic control devices. All
street signs, paint lining and/or traffic control devices affecting
the proposed lot, building, or use, and required under the terms of
approval of a subdivision or site plan or by federal, county, or municipal
rules, regulations, or laws, shall have been installed.
[12]
Performance guarantee. The Engineer shall have
received a statement signed by the developer and any entity providing
any performance guarantee, which contains language identical or similar
to the following: "The issuance of any certificate of occupancy (temporary
or permanent) shall not be a basis for any claimed reduction in any
performance guarantee."
[13]
Other. Any other conditions established for issuance
of a certificate of occupancy by the Planning Board as a condition
of final site plan or subdivision approval shall be complied with.
[14]
Temporary certificates of occupancy shall be issued
for a specified period of time, not to exceed one year.
I.
Affordable housing requirements. The restrictions and standards applicable to inclusionary housing of low- and moderate-income persons and families are set forth in Article XLII of the Land Use and Development Regulations. The affordable housing set-aside requirement for multifamily rental units shall be 20%. There is no required affordable housing set-aside for townhouse units. However, the townhouse developer shall make a payment in lieu of construction in an amount to be negotiated with the Township governing body as set forth in a developer's agreement.
J.
Design requirements. Development in the ML-10 Zone shall conform
to the design guidelines in Part 5 of the Land Use and Development
Regulations in addition to the following supplemental guidelines:
(1)
The site plan shall be required to depict and delineate the
edge of all woodlands, and shall be required to map or survey only
the trees on site that are greater than 12 inches in diameter.
(2)
The minimum open space shall be 40%.
(3)
The front facade of any structure shall not continue on the
same plane for a distance of more than the width of two horizontally
adjacent units. Offsets between front facade planes shall not be less
than two feet for no more than 20 feet.
(4)
Building architecture. Development shall comply with the Building Design Standards of § 140-252, as well as the following additional standards:
(a)
Primary elements of traditional architectural styles with pitched
roofs with a minimum slope of 5/12.
[1]
When buildings are greater than 9,000 square feet, and where
a fully pitched roof throughout would not be practical, a sloped perimeter
roof with a slope of 5/12 or greater shall be permitted in coordination
with a flat roof, provided that the appearance is that of a full roof.
The primary roofing materials shall be standing seam metal or dimensional
shingles.
(b)
All buildings shall provide architectural elements such as wall
articulations and roofline variations. Box-like building shapes that
offer minimal articulation of the walls and roofline shall be prohibited.
(c)
All facades facing driveways, parking areas, or public rights-of-way
shall be architecturally treated as front facades.
(d)
All accessory buildings and structures shall be treated architecturally
to complement the residential buildings.
K.
Waivers or modifications of standards and requirements. The approving authority may grant waivers or modifications of any improvement requirements or standards of this section or Part 4 of the Land Use and Development Regulations if appropriate and warranted by the facts and circumstances of each particular development, including but not limited to whether what is proposed conforms to RSIS. The resolution of approval shall specifically state the reasons for any such waivers or modifications.
[Added 9-23-2020 by Ord. No. 7-2020]
A.
Purpose. The purpose of this zone is to allow for a multifamily project
of age-restricted residential uses that partially addresses the Township's
affordable housing obligation. The developer's agreement shall govern
the nature of the age-restricted multifamily project to be constructed
by the developer, and require a 20% set-aside for affordable housing
providing for a minimum of 10 affordable units. These units shall
be either all rental or all for sale. The Planning Board shall make
compliance with such developer's agreement a condition of any approval
it may grant for a development in the AH1-Atlantic Avenue Zone.
B.
Permitted principal uses. In the AH1-Atlantic Avenue, no premises
shall be used and no structure shall be erected, altered or occupied
for any purposes except the following:
(1)
Multifamily dwellings.
C.
Permitted accessory uses.
(1)
Enumeration of permitted accessory uses and structures.
(a)
Common parking areas.
(b)
Garage parking facilities under multifamily dwellings.
(c)
Common private recreational facilities, structures, and open
space.
(d)
Common maintenance and trash facilities.
(e)
All provisions of the Wall Township sign regulations contained in Article XXIX shall apply except that one monument style sign identifying the name of the development, as defined below, is permitted.
[1]
Sign, monument: A sign in which the entire bottom is in contact
with the ground, utilizing a base or structural frame of stone, brick,
or other material that is harmonious in architectural style and material
to the existing principal building(s) on site.
[2]
Maximum sign face area: 50 square feet.
[3]
Maximum sign height: seven feet.
[4]
Minimum setback: five feet from the front, side, and rear property
lines.
[5]
Structural frame shall project perpendicular from a sign face
by no more than six inches and parallel by no more than 18 inches.
(f)
Such other uses and structures that are customary and incidental
to the principal use as may be permitted by the approving authority.
All structures accessory to individual dwelling units shall be attached
to the dwelling unit, to which they are an accessory.
(g)
Temporary sales/rental trailer, the location to be shown on
the approved site plan, which shall be removed after 90% of the dwelling
units have received a certificate of occupancy.
(h)
One rental management office located within one of the residential
buildings.
D.
Compliance with site plan standards, subdivision standards and regulations.
Unless provided to the contrary herein, applications for developments
in the AH1-Atlantic Avenue Zone shall follow and be subject to the
applicable procedures, regulations, standards and guidelines as required
for preliminary and final site plan and/or subdivision review of this
chapter and other applicable ordinances which are incorporated herein
by reference.
E.
Maximum regulations. Development in the AH1-Atlantic Avenue Zone
shall be subject to the following maximum regulations:
(1)
Density. The gross density of the overall tract shall be no
more than 12.5 dwelling units per acre not to exceed 50 units, prior
to any dedications of land to public entities.
(2)
Impervious surfaces. The maximum total impervious surface shall
not exceed 65% of the developable area of the tract.
(3)
The maximum total lot coverage by buildings shall be 30% of
the developable area of the tract.
(4)
Residential units per building. The maximum number of units
per building in multifamily residential buildings shall be 12.
(5)
Principal building length. The maximum principal building length
for both multifamily and townhouse buildings shall be 120 feet.
(7)
Bedroom distribution. Affordable units shall have either one-,two-,
or three-bedroom units.
F.
Minimum regulations. Developments in the AH1 - Atlantic Avenue Zone
shall be subject to the following minimum regulations:
(1)
(2)
Dwelling unit width. No multifamily dwelling shall be less than
15 feet in width.
(3)
Dwelling unit characteristics. Each dwelling unit shall contain,
at a minimum, a separate bedroom, a separate bathroom and a kitchen
which shall be located separate and apart from other rooms except
that a combined living room and kitchen area shall be permitted. The
mix of dwelling units shall be in conformance with this chapter.
(4)
Dwelling unit size.
(a)
Multifamily dwelling units shall have a minimum of 750 square
feet of habitable area.
(5)
Dwelling unit storage. No dwelling unit shall contain less than
250 cubic feet of storage space, which may be within garages, basements,
cellars or a separate storage building, and which shall be in addition
to bedroom closet space provided with the unit. If within garages,
a rectangle of not less than nine feet by 18 feet shall remain clear
for parking vehicles.
(6)
Open space and recreation areas. The applicant shall provide
a minimum of two of the following recreational amenities:
(7)
Buffer and landscape areas.
(b)
Buffer areas shall consist of lawn area and/or massed evergreen
and deciduous trees and shrubs planted and fencing designed and constructed
in such a manner that will provide a continuous visual screen throughout
the entire year within a period of two full growing seasons following
the planting of the buffer. Evergreen coniferous trees shall have
a minimum height of six feet when planted. Deciduous trees shall have
a minimum caliper of 2 1/2 inches when planted. All plant material
shall conform to the current American Standard for Nursery Stock sponsored
by the American Association of Nurseryman, Inc. Any buffer area less
than 15 feet in depth shall also include a minimum six-foot-high solid
decorative fence, except that said fence shall not exceed four feet
in height in any front yard or front yard setback.
(c)
Use of buffer areas. Required buffers shall be used for no other
purpose than as a buffer and as part of the required open space of
the tract. The only structures which may be erected within a buffer
area are fences as elsewhere regulated in Part 4, of the Land Use
and Development Regulations retaining walls, stormwater basins, and
walkways or driveways providing direct access onto adjacent property,
unless otherwise permitted by the approving authority. Perimeter driveways/walkways
or driveways/walkways accessing a collector or arterial road shall
not be permitted within a required buffer area.
(d)
Wooded areas. Where an area required for a buffer is already
wooded, it shall be left in its natural state to the maximum extent
feasible, and the existing growth shall be supplemented with additional
plant material where necessary as required by the approving authority.
(e)
The proposed tree clearing grading and landscape plan shall
respect and complement the existing topographic feature of the site
where practical.
(f)
All mechanical equipment, trash enclosures, and related accessory
structures shall be screened from view.
G.
Other regulations. Developments in the AH1-Atlantic Avenue Zone shall
be subject to the following regulations, requirements and standards:
(1)
All utilities shall be installed underground by the developer.
(2)
All dwelling units shall be served by public water and sanitary
sewer systems. The developer shall pay the cost of connection and
transmission facilities necessary to connect to the sewer and water
systems servicing the development
(3)
Garbage, refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with § 140-164 and Article XXXV of the Land Use and Development Regulations except that outdoor storage areas for solid waste shall be permitted within a side yard and must be properly maintained.
(4)
Garbage, refuse, leaf and brush collection, removal of snow
ice and other obstructions from internal roads and streets and lighting
of roads and streets shall be provided and maintained by the body
responsible for internal private streets and other common facilities.
If the Township provides garbage pickup, reimbursement to the owner
shall be governed by the Qualified Private Communities Statute (N.J.S.A.
40:67-23.3).
(5)
Streets, roads, driveways, parking facilities, walkways, streetlights,
fire hydrants, drainage facilities and other improvements required
by this chapter or appropriate or necessary to the development shall
be installed at the expense of the developer in accordance with the
specifications of this chapter except as modified herein.
(6)
All streets and roads within the tract shall be private streets
and shall be maintained by the body responsible for common areas.
Rights of access and enforcement shall be formally granted to the
Township upon written request by the body responsible for common areas
and upon the adoption of a resolution of the Township Committee authorizing
the enforcement of the provisions of Subtitle 1 of Title 39 on the
subject property.
(7)
The New Jersey Residential Site Improvement Standards at N.J.A.C.
5:21 shall govern the pavement width of internal private roads.
(8)
Parking. The New Jersey Residential Site Improvement Standards
at N.J.A.C. 5:21 shall govern parking requirements.
(9)
Common open space, recreational or other facilities shall be
owned, operated and maintained as such by an association comprised
of all the owners of the individual units.
(10)
All detention basin(s) and facilities located within the AH1-Atlantic
Avenue Zone shall comply with all applicable regulations under the
Flood Hazard Control Act, N.J.S.A. 58:16-A50, et. seq. and the New
Jersey Stormwater Management Act, N.J.S.A. 7:8, et. seq. If any wetlands
areas are utilized for stormwater management, the regulations of the
New Jersey Department of Environmental Protection shall apply and
any inconsistent provisions of the applicable Wall Township ordinances
may be waived. Trees, shrubs and other vegetation may be planted on
the slope or banks of detention basins or facilities constructed in
fill, provided the landscaping is attractively maintained. All detention
and retention basins with permanent dry-weather pools of water shall
have a water depth to minimize propagation of mosquitoes and provided
with the mechanical aeration for water quality.
(11)
All proposed restrictive covenants, articles of incorporation
or other documents relate to the creation of a homeowners' association,
trust documents or other deed or documents to provide for ownership,
age restrictions for rental units, and maintenance of common property
and facilities shall be submitted to the Township for review by the
Planning Board and Township Attorney prior to final review of any
subdivision or site plan.
(12)
In any case where the maintenance or repair of any wall, fence
or other improvement by its owner or his or her agent would require
entry upon the adjacent property, an appropriate easement or right-of-way
shall be implied in favor of the owner who requires access. All such
easements shall be detailed in specifications in the Homeowner's Association
documents as to the required notice of any limitations upon the right
of entry shall provide a specific means of arbitration in the event
of disputes.
(13)
Soil removal. The provisions of § 140-117 of this chapter pertaining to the removal of soil shall apply to the developments in the AH1-Atlantic Avenue Zone.
(14)
Performance guarantee. In the AH1-Atlantic Avenue Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
(15)
Maintenance guarantee. In the AH1-Atlantic Avenue Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply.
(16)
Improvements required prior to issuance of certificate of occupancy. In the AH1-Atlantic Avenue Zone, the provisions of § 140-288 shall apply with respect to the issuance of certificates of occupancy.
(a)
No permanent certificate of occupancy shall be issued for any
use or building until all required improvements are installed and
approved by the Township Engineer or other appropriate authority.
(b)
No temporary certificate of occupancy shall be issued for any
use or building unless the Township Engineer shall have, where applicable,
certified to the following:
[1]
Utilities and drainage. All utilities, including,
but not limited to, water, gas, storm drains, sanitary sewers, electric
lines and telephone lines shall have been properly installed and service
to the lot, building or use from such utilities shall be available.
[2]
Street right-of-way. All street rights-of-way necessary
to provide access to the lot, building or use in question shall have
been completely graded and all slope-retaining devices or slope planting
shall have been installed.
[3]
Sidewalks: All sidewalks necessary to provide access
to the lot, building or use in question shall have been properly installed.
[4]
Streets: Curbing, and the bituminous base course
of bituminous concrete streets necessary to provide access to the
required number of parking spaces for the building or use in question
shall have been properly installed.
[5]
Curbing and parking areas: Curbing and the bituminous
base course of parking areas necessary to provide access to the required
number of parking spaces for the building or use in question shall
have been properly installed.
[6]
Obstructions: All exposed obstructions in parking
areas, access drives or streets such as manhole frames, water boxes,
gas boxes and the like shall be protected by building the top of such
exposures with bituminous concrete as directed by the Township Engineer.
[7]
Screening, fences, and landscaping: All required
screening, fencing and/or landscaping related to the lot, building
or use in questions shall have been properly installed, unless the
Township Engineer shall direct the developer to delay the planting
of screening and landscaping until the next planting season in order
to improve the chances of survival of such plantings.
[8]
Site grading: All site grading necessary to permit
property surface drainage and prevent erosion of soils shall have
been completed in accordance with the approved soil disturbance plans.
[9]
Public water supply: Where the proposed lot, building
or use is served by a public water supply, said supply shall have
been installed and tested and all required fire hydrants or fire connections
shall have been installed and tested and approved. However, the public
water supply shall not be used to supply outdoor sprinkler systems.
[10]
Lighting: The lighting plan shall comply with
all applicable ordinance requirements, as well as the following standards:
[a]
All outdoor lighting shall be aimed, located, designed,
fitted and maintained so as not to present a disabling glare hazard
to drivers or nuisance to neighboring properties. Glare shall be controlled
through the use of full cutoff fixtures, the appropriate application
of mounting height, wattage, aiming, fixture placement, and fixture
design, etc. and the addition of shields and baffles as necessary.
[b]
Applicant shall use fixtures to complement the
building architecture. Pole-mounted lights shall be a maximum of 20
feet tall. Floodlights and spotlights shall not be permitted.
[c]
Lighting shall be controlled by automatic switching
devices, such as timers, motion detectors, and/or photocells, to extinguish
potentially offending, nonessential light sources overnight, to minimize
glare and sky-lighting consequences.
[d]
LED lighting shall not exceed 3,500 degrees Kelvin.
[11]
Street signs and traffic control devices: All
street signs, paint lining and/or traffic control devices affecting
the proposed lot, building, or use, and required under the terms of
approval of a subdivision or site plan or by federal, county, or municipal
rules, regulations, or laws, shall have been installed.
[12]
Performance guarantee: The Engineer shall have
received a statement signed by the developer and any entity providing
any performance guarantee, which contains language identical or similar
to the following: "The issuance of any certificate of occupancy (temporary
or permanent) shall not be a basis for any claimed reduction in any
performance guarantee."
[13]
Other: any other conditions established for issuance
of a certificate of occupancy by the Planning Board as a condition
of final site plan or subdivision approval shall be complied with.
[14]
Temporary certificates of occupancy shall be issued
for a specified period of time, not to exceed one year.
H.
Affordable housing requirements. The restrictions and standards applicable to inclusionary housing of low- and moderate-income persons and families are set forth in Article XLII of the Land Use and Development Regulations. The required affordable housing set-aside requirement shall be 20% with a minimum of 10 units and shall comply with all applicable provisions of the substantive and procedural rules and regulations as set forth by the New Jersey (Department of Community Affairs) Council on Affordable Housing at N.J.A.C. 5:93 and 5:97 et seq. In addition, affordable housing units in this district shall comply with the Uniform Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., and the amended Fair Housing Act at P.L. 2008, c. 46, including but not limited to the provision of very-low-income units.
I.
Design requirements. Development in the AH1-Atlantic Avenue Zone
shall conform to the design guidelines in Part 5 of the Land Use and
Development Regulations in addition to the following supplemental
guidelines:
(1)
The site plan shall be required to depict and delineate the
edge of all woodlands, and shall be required to map or survey only
the trees on site that are greater than 12 inches in diameter.
(2)
The minimum lot green area space shall be 35%.
(3)
The front facade of any structure shall not continue on the
same plane for a distance of more than the width of two horizontally
adjacent units. Offsets between front facade planes shall not be less
than two feet for nor more than 20 feet.
(4)
Building architecture. Development shall comply with building design standards of § 140-252, as well as the following additional standards:
(a)
Primary elements of traditional architectural styles with pitched
roofs with a minimum slope of 5/12.
[1]
When buildings are greater than 9,000 square feet, and where
a fully pitched roof throughout would not be practical, a sloped perimeter
roof with a slope of 5/12 or greater shall be permitted in coordination
with a flat roof, provided that the appearance is that of a full roof.
[2]
The primary roofing materials shall be standing seam metal or
dimensional shingles.
(b)
All buildings shall provide architectural elements such as wall
articulations and roofline variations. Box-like building shapes that
offer minimal articulation of the walls and roofline shall be prohibited.
(c)
All facades facing driveways, parking areas, or public right-of-ways
shall be architecturally treated as front facades.
(d)
All accessory buildings and structures shall be treated architecturally
to complement the residential buildings.
J.
Waivers or modifications of standards and requirements. The approving authority may grant waivers or modifications of any improvement requirements or standards of this section or Part 4 of the Land Use and Development Regulations if appropriate and warranted by the facts and circumstances of each particular development, including but not limited to whether what is proposed conforms to RSIS. The resolution of approval shall specifically state the reasons for any such waivers or modifications.
[Added 10-28-2020 by Ord. No. 9-2020]
A.
Purpose. The purpose of this zone is to allow for a multifamily project
of mixed residential uses that partially addresses the Township's
affordable housing obligation. The developer's agreement shall govern
the nature of the multifamily project to be constructed by the developer
and require a 20% set-aside for affordable housing providing for a
minimum of 32 family rental units. The Planning Board shall make compliance
with such developer's agreement a condition of any approval it may
grant for a development in the AH2 Route 34 Zone.
B.
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract, containing the entirety of the multifamily and townhouse developments along with all ancillary components; separate tracts for the multifamily and townhouse developments; and the fee simple parcels within the townhouse tract. This zone operates under a technical subdivision provision pursuant to § 140-81 of the Wall Township Ordinance, which allows a developer to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility and other easements shall be applicable to the overall tract.
D.
Permitted accessory uses.
(1)
Enumeration of permitted accessory uses and structures.
(a)
Common parking areas.
(b)
Common private recreational facilities and structures and open
space, including but not limited to a clubhouse, swimming pool, tot
lot and walking path.
(c)
Private attached garages for not more than two vehicles.
(d)
Common maintenance and trash facilities.
(e)
All provisions of the Wall Township sign regulations contained in Article XXIX shall apply except that two monument style signs identifying the name of the development, as defined below, is permitted.
[1]
Sign, monument. A sign in which the entire bottom is in contact
with the ground, utilizing a base or structural frame of stone, brick,
or other material that is harmonious in architectural style and material
to the existing principal building(s) on site.
[2]
Maximum sign face area: 50 square feet.
[3]
Maximum sign height: seven feet.
[4]
Minimum setback: five feet from the front, side, and rear property
lines.
[5]
Structural frame shall project perpendicular from a sign face
by no more than six inches and parallel by no more than 18 inches.
(f)
Fences and retaining walls.
(g)
Patios, balconies, and decks.
(h)
Trash enclosures.
(i)
Temporary sales/rental trailer, the location to be shown on
the approved site plan, which shall be removed after 90% of the dwelling
units have received a certificate of occupancy.
(j)
Such other uses and structures that are customary and incidental
to the principal use as may be permitted by the approving authority.
(k)
Stormwater facilities.
(l)
Pump stations.
E.
Compliance with site plan standards, subdivision standards and regulations.
Unless provided to the contrary herein, applications for developments
in the AH2 Zone shall follow and be subject to the applicable procedures,
regulations, standards and guidelines as required for preliminary
and final site plan and/or subdivision review of this chapter and
other applicable ordinances which are incorporated herein by reference.
F.
Maximum regulations. Development in the AH2 Zone shall be subject
to the following maximum regulations:
(1)
Density. The gross density of the overall tract shall be no
more than 10 dwelling units per acre, prior to any dedications of
land to public entities.
(2)
Residential units per building. The maximum residential units
per building shall be 12.
(3)
Principal building length. The maximum principal building length
for both multifamily and townhouse buildings shall be 250 feet.
(4)
Building height.
(a)
Each townhouse shall be limited to 2.5 stories and 35 feet and
shall include the option of a basement, provided that the basement
is not a story above grade.
(b)
Each multifamily building shall be a maximum of three stories
and 40 feet.
(c)
Accessory clubhouse and maintenance buildings shall be limited
to one story and 25 feet in height.
G.
Minimum regulations. Developments in the AH2 Zone shall be subject
to the following minimum regulations:
(1)
Overall tract requirements, including parcels for both multifamily
and townhouse developments:
(a)
Minimum lot area: 15 acres.
(b)
Minimum lot width: 450 feet.
(c)
Minimum lot frontage: 450 feet.
(d)
Minimum lot depth: 450 feet.
(e)
Minimum building setback from internal lot lines: zero feet.
(f)
Minimum principal building setback from external tract line:
50 feet.
(g)
Minimum accessory building setback from external tract boundary:
50 feet.
(h)
Minimum distance between structures: 30 feet.
(i)
Minimum principal building setback from internal roads: 15 feet.
(j)
Minimum principal building setback from internal parking access
roads: 15 feet.
(k)
Minimum principal building setback from internal parking area:
10 feet.
(l)
Minimum principal building setback from detention basins: 10
feet.
(m)
Accessory structures, including but not limited to, basins,
internal roadways, parking areas, and fences shall be permitted in
the front yard area setback if adequately screened and buffered from
view from all public streets. Patios shall be permitted to encroach
not more than 10 feet into the required front yard area setback if
adequately screened and buffered from view from all public streets.
(n)
Signs, sidewalks and walkways shall be permitted in any yard
area provided they otherwise comply with the requirements of this
chapter.
(2)
(3)
Dwelling unit width. No multifamily dwelling shall be less than
15 feet in width. No townhouse dwelling shall be less than 20 feet
in width.
(4)
Dwelling unit characteristics. Each dwelling unit shall contain,
at a minimum, a separate bedroom, a separate bathroom and a kitchen
which shall be located separate and apart from other rooms except
that that a combined living room, dining room and kitchen area shall
be permitted. The mix of dwelling units shall be in conformance with
this chapter.
(6)
Dwelling unit storage. No townhouse dwelling unit shall contain
less than 250 cubic feet and no multifamily dwelling unit shall contain
less than 140 cubic feet which may be within garages, basements, storage
closets adjoining a dwelling (e.g., attached to decks and patios)
if completely enclosed on all sides, or separate storage buildings,
and which shall be in addition to bedroom closet space provided with
the unit. If within garages, a rectangle of not less than nine feet
by 18 feet shall remain clear for parking vehicles.
(7)
Open space and recreation areas. The applicant shall provide
recreational amenities for townhouse and multifamily residents, including
three or more of the following facilities:
(a)
A recreation building or clubhouse with a minimum size of 25
square feet for each dwelling unit in the development.
(b)
A swimming pool of a minimum size of 800 square feet.
(c)
Open lawn play area(s) with a minimum combined square footage
of 1,000 square feet.
(d)
Picnic/barbecue area(s).
(e)
Bicycle parking.
(f)
Bocce court, pickle ball court, tot lot/play area, tennis court,
basketball court, community garden, exercise area, off-leash dog area,
and other related recreational amenities as approved by the Board.
(8)
Buffer and landscape areas.
(a)
Buffer location. Except as otherwise permitted by the approving
authority, where the overall tract abuts an existing residential zone,
use, or use permitted in a residential zone, a landscaped buffer strip
at least 25 feet in width shall be permanently maintained along the
property line abutting such zone or use. Where the overall tract abuts
a nonresidential zone or use not permitted in a residential zone,
a landscaped buffer strip at least 40 feet in width shall be established
and permanently maintained along the property line abutting such zone
or use.
(b)
Buffer areas shall consist of lawn area and massed evergreen
and deciduous trees and shrubs planted in such a manner that will
provide a continuous visual screen throughout the entire year within
a period of three full growing seasons following the planting of the
buffer. Evergreen coniferous trees shall have a minimum height of
six feet when planted. Deciduous trees shall have a minimum caliper
of 2 1/2 inches when planted. All plant material shall conform
to the current American Standard for Nursery Stock sponsored by the
American Association of Nurseryman, Inc.
(c)
Use of buffer, areas. Required buffers shall be used for no
other purpose than as a buffer and as part of the required open space
of the tract. The only structures which may be erected within a buffer
area are fences, as elsewhere regulated in Part 4 of the Land Use
and Development Regulations, and retaining walls, stormwater facilities,
entrance and exit drive openings, sidewalks, and signs.
(d)
Wooded areas. Where an area required for a buffer is already
wooded, it shall be left in its natural state to the maximum extent
feasible, and the existing growth shall be supplemented with additional
plant material where necessary as required by the approving authority.
(e)
The proposed tree clearing grading and landscape plan shall
respect and complement the existing topographic features of the site
where practical.
(f)
All mechanical equipment, and related accessory structures shall
be screened from view.
H.
Other regulations. Developments in the AH2 Zone shall be subject
to the following regulations, requirements and standards:
(1)
All utilities shall be installed underground by the developer.
(2)
All dwelling units shall be served by public water and sanitary
sewer systems. The developer shall pay the cost of connection and
transmission facilities necessary to connect to the sewer and water
systems servicing the development.
(3)
Garbage, refuse storage, and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall otherwise comply with Article XXXV of the Land Use and Development Regulations.
(4)
Garbage, refuse, leaf and brush collection, removal of snow
ice and other obstructions from internal roads and streets and lighting
of roads and streets shall be provided and maintained by the body
responsible for internal private streets and other common facilities.
Reimbursement to the owner shall be governed by the Qualified Private
Communities Statute (N.J.S.A. 40:67-23.3).
(5)
Streets, roads, driveways, parking facilities, walkways, streetlights,
fire hydrants, drainage facilities and other improvements required
by this chapter or appropriate or necessary to the development shall
be installed at the expense of the developer in accordance with the
specifications of this chapter except as modified herein:
(6)
All streets and roads within the tract shall be private streets
and shall be maintained by the body responsible for common areas.
Rights of access and enforcement shall be formally granted to the
Township upon written request by the body responsible for common areas
and upon the adoption of a resolution of the Township Committee authorizing
the enforcement of the provisions of Subtitle 1 of Title 39 on the
subject property.
(7)
The New Jersey Residential Site Improvement Standards at N.J.A.C.
5:21 shall govern the pavement width of internal private roads.
(8)
Parking. The New Jersey Residential Site Improvement Standards
at N.J.A.C. 5:21 shall govern the parking requirements, including
parking stall dimensions.
(9)
Common open space, recreational or other facilities shall be
owned, operated and maintained as such by an association comprised
of all the owners of the individual units and/or a property management
company for the apartment buildings.
(10)
All detention basins and facilities located within the AH2 Zone
shall comply with all applicable regulations under the Flood Hazard
Control Act, N.J.S.A. 58:16A-50 et seq., and the New Jersey Stormwater
Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas are utilized
for stormwater management, the regulations of the New Jersey Department
of Environmental Protection shall apply, and any inconsistent provisions
of the applicable Wall Township ordinances may be waived. Trees, shrubs
and other vegetation may be planted on the slopes or banks of detention
basins or facilities constructed in fill, provided the landscaping
is attractively maintained. All detention and retention basins with
permanent dry-weather pools of water shall have a water depth to minimize
propagation of mosquitoes and provided with mechanical aeration for
water quality.
(11)
All proposed restrictive covenants, articles of incorporation
or other documents related to the creation of a homeowners' association,
trust documents or other deed or documents shall be submitted to the
Township for review by the Planning Board and Township Attorney as
a condition of the approving resolution.
(12)
In any case where the maintenance or repair of any wall, fence
or other improvement by its owner or his or her agent would require
entry upon the adjacent property, an appropriate easement or right-of-way
shall be created in favor of the subject owner. All such easements
shall be detailed in specifications as to the required notice and
any limitations upon the right of entry shall provide a specific means
of arbitration in the event of disputes.
(13)
Performance guarantee. In the AH2 Zone, the provisions of § 140-92 with respect to performance guarantees shall apply. Performance guarantees shall be permitted separately for each phase.
(14)
Maintenance guarantee. In the AH2 Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply. Maintenance guarantees shall be permitted separately for each phase.
(15)
Improvements required prior to issuance of certificate of occupancy. In the AH2 Zone, the provisions of § 140-288 shall apply with respect to the issuance of certificates of occupancy.
(a)
No permanent certificate of occupancy shall be issued for any
use or building until all required improvements are installed and
approved by the Township Engineer or other appropriate authority required
for that particular use or building.
(b)
No temporary certificate of occupancy shall be issued for any
use or building unless the Township Engineer shall have, where applicable,
certified to the following:
[1]
Utilities and drainage. All utilities, including,
but not limited to, water, gas, storm drains, sanitary sewers, electric
lines and telephone lines shall have been properly installed, and
service to the lot, building or use from such utilities shall be available.
[2]
Street rights-of-way. All street rights-of-way
necessary to provide access to the lot, building or use in question
shall have been completely graded and all slope- retaining devices
or slope planting shall have been installed.
[3]
Sidewalks. All sidewalks necessary to provide access
to the lot, building or use in question shall have been properly installed.
[4]
Streets. Curbing and the bituminous base course
of bituminous concrete streets necessary to provide access to the
required number of parking spaces for the building or use in question
shall have been properly installed.
[5]
Curbing and parking areas. Curbing and the bituminous
base course of parking areas necessary to provide access to the required
number of parking spaces for the building or use in question shall
have been properly installed.
[6]
Obstructions. All exposed obstructions in parking
areas, access drives or streets such as manhole frames, water boxes,
gas boxes and the like shall be protected by building to the top of
such exposures with bituminous concrete as directed by the Township
Engineer.
[7]
Screening, fences, and landscaping. All required
screening, fencing and/or landscaping related to the lot, building
or use in question shall have been properly installed, unless the
Township Engineer shall direct the developer to delay the planting
of screening and landscaping until the next planting season in order
to improve the chances of survival of such plantings.
[8]
Site grading. All site grading necessary to permit
proper surface drainage and prevent erosion of soils shall have been
completed in accordance with the approved soil disturbance plans.
[9]
Public water supply. Where the proposed lot, building
or use is served by a public water supply, said supply shall have
been installed and tested and all required fire hydrants or fire connections
shall have been installed and tested and approved.
[10]
Lighting. The lighting plan shall comply with
all applicable ordinance requirements, as well as the following standards:
[a]
All outdoor lighting shall be aimed, located, designed,
fitted and maintained so as not to present a disabling glare hazard
to drivers or a nuisance to neighboring properties. Glare shall be
controlled through the use of cutoff fixtures, the appropriate application
of mounting height, wattage, aiming, fixture placement, and fixture
design, etc. and the addition of shields and baffles as necessary.
LED lights shall not exceed 3,500 degrees Kelvin.
[b]
Applicants shall use fixtures to complement the
building architecture. Pole-mounted lights shall be a maximum of 20
feet tall. Floodlights and spotlights shall not be permitted.
[c]
Lighting shall be controlled by automatic switching
devices, such as timers, motion detectors, and/or photocells, to extinguish
potentially offending, nonessential light sources overnight, to minimize
glare and sky-lighting consequences.
[d]
Freestanding signs shall not be internally illuminated.
[11]
Street signs and traffic control devices. All
street signs, paint lining and/or traffic control devices affecting
the proposed lot, building, or use, and required under the terms of
approval of a subdivision or site plan or by federal, county, or municipal
rules, regulations, or laws, shall have been installed.
[12]
Performance guarantee. The Engineer shall have
received a statement signed by the developer and any entity providing
any performance guarantee, which contains language identical or similar
to the following: "The issuance of any certificate of occupancy (temporary
or permanent) shall not be a basis for any claimed reduction in any
performance guarantee."
[13]
Other. Any other conditions established for issuance
of a certificate of occupancy by the Planning Board as a condition
of final site plan or subdivision approval shall be complied with.
[14]
Temporary certificates of occupancy shall be issued
for a specified period of time, not to exceed one year.
[15]
Inspection fees. The provisions of § 140-60 of this chapter pertaining to inspection fees shall be applicable to all development within the AH2 Zone.
[16]
Multiple permitted residential principal uses
and buildings shall be allowed on a single lot.
[17]
Sidewalks shall only be required on one side of
the internal roadways within the overall development but shall provide
connections to all NJDOT sidewalks and adjacent lots.
I.
Affordable housing requirements. The restrictions and standards applicable to inclusionary housing of low- and moderate-income persons and families are set forth in Article XLII of the Land Use and Development Regulations. A minimum of 20% of the total number of residential units, at least 32 units, shall be set aside as affordable rental units, and all affordable units shall be in multifamily buildings. The Township may request the construction of two additional affordable units (for a total of 34 units) in accordance with the terms set forth in the developer's agreement, without any reduction to the number of total market rate units. The affordable housing units shall comply with all applicable provisions of the substantive and procedural rules and regulations as set forth by the New Jersey (Department of Community Affairs) Council on Affordable Housing at N.J.A.C. 5:93 and 5:97 et seq. In addition, affordable housing units in this district shall comply with the Uniform Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., and the amended Fair Housing Act at P.L. 2008, c. 46, including but not limited to the provision of very-low-income units.
J.
Design requirements. Development in the AH2 Zone shall conform to
the design guidelines in Part 5 of the Land Use and Development Regulations
in addition to the following supplemental guidelines:
(1)
The site plan shall be required to depict and delineate the
edge of all woodland.
(2)
The minimum open space shall be 25%, which may include stormwater
facilities.
(3)
The front facade of any structure shall not continue the same
plane for a distance of more than the width of two horizontally adjacent
units. Offsets between front facade planes shall not be less than
two feet for no more than 20 feet.
(4)
Building architecture. Development shall comply with the following
standards:
(a)
Primary elements of traditional architectural styles with pitched
roofs with a minimum slope of 5/12.
(b)
When buildings are greater than 9,000 square feet, and where
a fully pitched roof throughout would not be practical, a sloped perimeter
roof with a slope of 5/12 or greater shall be permitted in coordination
with a flat roof, provided that the appearance is that of a full roof.
The primary roofing materials shall be standing seam metal or dimensional
shingles.
(c)
All buildings shall provide architectural elements such as wall
articulations and roofline variations. Box-like building shapes that
offer minimal articulation of the walls and roofline shall be prohibited.
(d)
All accessory buildings and structures shall be treated architecturally
to complement the residential buildings.
(e)
Architectural requirements in all other sections of the Township
Code shall not apply.
K.
Waivers or modifications of standards and requirements. The approving authority may grant waivers or modifications of any improvement requirements or standards of this section or Part 4 of the Land Use and Development Regulations if appropriate and warranted by the facts and circumstances of each particular development, including but not limited to whether what is proposed conforms to RSIS. The resolution of approval shall specifically state the reasons for any such waivers or modifications.
(1)
Developments with the AH2 Zone may be exempt from any required
"tree replacement" provisions in the Township ordinances.
L.
Whenever a standard in the AH2 Zone conflicts with another standard
in the municipal land development ordinance, the AH2 Zone standard
shall prevail.
M.
Miscellaneous.
[Added 11-24-2020 by Ord. No. 6-2020]
A.
Purpose. The AH3 Zone is intended to provide for the development
of townhouse and multifamily housing of which 20% is restricted to
occupancy by households of very-low-, low- and moderate-income. Affordable
dwellings shall be integrated with and indistinguishable in outward
appearance from the market-rate housing. There shall be a minimum
of 60 affordable family rental dwelling units in the AH3 Zone District.
B.
Applicability of standards. The use, bulk, design and performance
standards of the AH3 Zone District shall supersede all other provisions
of the Wall Township Land Use Development Ordinance. However, where
the regulations and standards of the AH3 are silent, the standards
of Land Development Ordinance shall apply.
C.
Permitted uses.
(1)
Principal uses.
(a)
Townhouses.
(b)
Stacked townhouses. A stacked townhouse shall be defined as
a structure containing two or more connected dwelling units stacked
one dwelling unit above the other, which can include shared floors
divided by walls and shared common party walls, with private entrances
to each unit.
(c)
Apartments.
(2)
Accessory uses.
(a)
Private garages and off-street parking;
(b)
Patios;
(c)
Fences and walls;
(d)
Conservation areas, recreation, open space and public purpose
uses;
(e)
Stormwater management and other utilities;
(f)
Structures for maintenance and storage of maintenance equipment;
(g)
Structures for tenant storage;
(h)
Clubhouse, pool, community building, rental/management office,
and model;
(i)
Accessory uses on the same lot and customarily incidental to
the principal use.
D.
Area and bulk requirements.
(1)
Tract requirements.
(a)
The maximum number of dwelling units shall be 300;
(b)
The development of the tract shall be limited to the developable
area as approved in the March 4, 2010 letter from the New Jersey Department
of Environmental Protection (NJDEP), Division of Watershed Management
which refers to a concept plan entitled "Boulder Development LLC Concept
Plan," prepared by R. Deboer, PP of French and Parrello Associates,
dated January 28, 2010, last revised February 2, 2010 for Block 913
Lots 2, 3 and 15. Development limitations, as it relates to the identified
concept plan, for the tract only refer to the developable area (19.9
acres) and does not endorse or require the building and site layout
as depicted on the concept plan.
(c)
The minimum setback from a public street right-of-way to any
building shall be 25 feet;
(d)
The minimum setback from a public street to off-street parking
area shall be 60 feet;
(e)
The minimum tract setback from rear and side property lines
shall be 50 feet;
(f)
The minimum planted frontage buffer to Asbury Road shall be 25 feet and provided in accordance with § 140-212.
(h)
Impervious coverage shall not exceed 70% of developable area;
(i)
Building coverage shall not exceed 50% of developable area.
(2)
(3)
Apartments.
(a)
Maximum height: 48 feet/three stories.
(c)
For each apartment, in addition to any storage areas contained
within the apartment, there shall be provided 300 cubic feet of storage
in a conveniently accessible area in the cellar, basement or ground
floor of the building where storage will not constitute a fire hazard
and where belongings can be kept locked and separated from the belongings
of other occupants.
(4)
Accessory office, clubhouse and maintenance buildings shall
be limited to one story and 30 feet in height.
(5)
Accessory structures except for stormwater management and walking
paths shall not be located in the front yard area.
(6)
All mechanical equipment and related appurtenances shall be
screened from view.
(7)
Signs.
(a)
Community building: The community building may have one identification
sign which may include the street address.
(b)
Monument signs: one single-sided interior monument sign may
be provided at each road entrance from a public road, as set forth
below:
[1]
Sign, monument: A sign in which the entire bottom is in contact
with the ground, utilizing a base or structural frame of stone, brick,
or other material that is harmonious in architectural style and material
to the existing principal building(s) on site.
[2]
Maximum sign face area: 50 square feet.
[3]
Maximum sign height: seven feet.
[4]
Minimum setback: five feet from the front, side, and rear property
lines.
[5]
Structural frame shall project perpendicular from a sign face
by no more than six inches and parallel by no more than 18 inches.
(c)
Directional signs: Up to two directional signs shall be allowed
on each street or driveway frontage from which vehicular access is
derived. A directional sign shall not exceed six square feet in sign
area and shall not exceed six feet in height. A directional sign shall
be set back from any lot line by at least three feet.
(d)
Residential building identification: Each residential building
may have up to two attached identification signs. The maximum sign
area of each shall not exceed six square feet. Such signs shall be
appropriately integrated within the architecture of the buildings.
E.
Development requirements.
(1)
Community design.
(a)
Streets that are not through streets through the development,
and all infrastructure within those streets, shall be privately owned
and maintained.
(b)
All public and private streets, alleys, and driveways shall
demonstrate adequate access and circulation of the most restrictive
Wall Township fire apparatus, taking in consideration parking spaces.
(c)
No refuse container or trash or recycling collection area shall
be located closer than 50 feet from any residential unit.
(d)
Street trees shall be planted an average of 45 feet on center
along the entirety of the public and private frontages, except for
frontages on lanes or alleys and except in front of front-loaded townhouses.
(e)
All streets and roads within the tract shall be private streets
and shall be maintained by the body responsible for common areas unless
otherwise determined by resolution of the Township Committee. Rights
of access and enforcement shall be formally granted to the Township
upon written request by the body responsible for common areas and
upon the adoption of a resolution of the Township Committee authorizing
the enforcement of the provisions of Subtitle 1 of Title 39 on the
subject property.
(f)
Pedestrian walkways connecting streets and the dwellings shall
be provided.
(2)
Open space and recreation standards.
(a)
Open space and recreational amenities shall be provided, and
shall include at a minimum:
[1]
Children's play area, with appropriate amenities approved by
the Board;
[2]
Community building, which may include, but is not limited to,
a clubhouse, leasing office, and model, of which a minimum of 4,000
square feet shall be devoted to recreational uses for the residents;
[3]
In-ground pool with a deck area for seating;
[4]
Central open space for passive uses; and
[5]
Walking trail.
(b)
Common open space, recreational or other facilities shall be
owned, operated and maintained as such by an association comprised
of all the owners of the individual units and/or a property management
company for the apartment buildings.
(4)
Utilities.
(a)
All utilities shall be installed underground by the developer.
(b)
All dwelling units shall be served by public water and sanitary
sewer systems. The developer shall pay the cost of connection and
transmission facilities necessary to connect to the sewer and water
systems servicing the development.
(5)
Garbage, refuse, leaf and brush collection, removal of snow
ice and other obstructions from internal roads and streets and lighting
of roads and streets shall be provided and maintained by the body
responsible for internal private streets and other common facilities.
Reimbursement to the owner shall be governed by the Qualified Private
Communities Statute (N.J.S.A. 40:67-23.3).
(6)
Streets, roads, driveways, parking facilities, walkways, streetlights,
fire hydrants, drainage facilities and other improvements required
by this chapter or appropriate or necessary to the development shall
be installed at the expense of the developer in accordance with the
specifications of this chapter except as modified herein:
(a)
Drainage maintenance in privately maintained streets shall be
the responsibility of the developer and his successors in title.
F.
Design standards. Deviations from these standards shall be considered
exceptions pursuant to N.J.S.A. 40:55D-51.
(1)
Building design. The purpose of these building design standards
is to ensure that the design of townhouse and apartment buildings
promotes a desirable visual and spatial environment.
(a)
Townhouses.
[1]
Townhouses shall be designed with a unified architectural scheme.
[2]
Each building shall contain, at a minimum, one end unit model
and one interior model. Each base model type home in any block shall
have at least two alternative front elevations containing different
design features, including, but not limited to, porches, porticos,
columns, dormers, accent windows or door color.
[3]
Materials shall be unified among all townhouses.
[4]
For alley-loaded townhouses, the finished first floor shall
be a minimum of 18 inches above the front sidewalk elevation, and
the front sidewalk shall rise no more than 16 inches at the sidewalk
and 60 inches at the stoop.
[5]
A fence, wall, plantings or some other element shall be provided
to delineate the sidewalk from the front yard.
(b)
Apartments.
[1]
Facades.
[2]
Roofs.
[a]
Roofs shall be pitched with a minimum slope of
5/12.
[b]
When buildings are greater than 9,000 square feet,
and where a fully pitched roof throughout would not be practical,
a sloped perimeter roof with a slope of 5/12 or greater shall be permitted
in coordination with a flat roof, provided that the appearance is
that of a full roof. The primary roofing materials shall be standing
seam metal or dimensional shingles.
[c]
All buildings shall provide architectural elements
such as wall articulations and roofline variations. Box-like building
shapes that offer minimal articulation of the walls and roofline shall
be prohibited.
(2)
Lighting. The lighting plan shall comply with all applicable
ordinance requirements, as well as the following standards:
(a)
All outdoor lighting shall be aimed, located, designed, fitted
and maintained so as not to present a disabling glare hazard to drivers
or a nuisance to neighboring properties. Glare shall be controlled
through the use of cutoff fixtures, the appropriate application of
mounting height, wattage, aiming, fixture placement, and fixture design,
etc. and the addition of shields and baffles as necessary.
(b)
LED lights shall not exceed 3,500 degrees Kelvin.
(c)
Applicants shall use fixtures to complement the building architecture.
Pole-mounted lights shall be a maximum of 20 feet tall. Floodlights
and spotlights shall not be permitted.
(d)
Lighting shall be controlled by automatic switching devices,
such as timers, motion detectors, and/or photocells, to extinguish
potentially offending, nonessential light sources overnight, to minimize
glare and sky-lighting consequences.
G.
Affordable housing.
(1)
At least 20% of the dwelling units shall be affordable to very-low-,
low- and moderate-income households in accordance with UHAC regulations,
N.J.A.C. 5:80-26.1, with the exception that 13% of the affordable
units within each bedroom distribution shall be required to be for
very-low-income households earning less than 30% of the area median
income.
(2)
A minimum of 60 affordable family rental units shall be provided.
(3)
The affordable housing units shall comply in every respect with
the affordable housing requirements of the New Jersey Council on Affordable
Housing, or any successor or replacement agency; the New Jersey Housing
Mortgage and Finance Agency, or any successor or replacement entity;
and the New Jersey courts, as such requirements exist at the time
of final development approval.
(4)
Affordable housing units shall not be age-restricted.
(5)
The affordable units shall be subject to affordability controls
of at least 30 years and affordable deed restriction as provided for
by UHAC, and the affordability controls shall remain until the Township,
in its sole discretion, takes action to release the unit from such
requirements pursuant to the requirements of N.J.A.C. 5:80-26.10.
(6)
The residents of the affordable units shall have full and equal
access to all of the amenities, common areas, and recreation areas
and facilities as the market units.
(7)
The
affordable units shall be integrated with the market units to the
maximum extent possible, and the affordable units shall not be concentrated
in separate building(s) or in separate area(s) from the market units.
In buildings with multiple dwelling units, this shall mean that the
affordable units shall be evenly distributed within each building
with market units.
[Added 9-23-2020 by Ord. No. 8-2020]
A.
Purpose.
(1)
The intent of the AH4-Zone is to establish a suitable location
within the township for the development of low- and moderate-income
housing uses in the form, of an inclusionary development. This zoning
district will provide realistic opportunities for the construction
of low- and moderate-income housing to implement a mechanism included
in the township's housing element and Third Round (1999-2025) fair
share plan, which township's December 18, 2019 settlement agreement
with Fair Share Housing Center to globally settle its declaratory
judgment action (In the Matter of the Application of Wall Township,
Monmouth County, Docket No. MON-L-5604-05) has been approved by the
Superior Court, which action follows the directive of the Supreme
Court's decision in the matter of In re Adoption of N.J.A.C. 5:96
& N.J.A.C. 5:97, 221 N.J. 1(2015). The AH4-Zone shall be included
as part of the township housing element and Third Round (1999-2025)
Fair Share Plan, which Fair Share Plan shall be the subject of review
and approval at a compliance hearing and memorialized as part of a
judgment of repose entered by the Superior Court.
(2)
The residential gross density shall be guided by the area requirements
and bulk standards contained herein, subject to the inclusion of a
20% set-aside of affordable homes, not to exceed a total of 105 homes
for the overall development. There shall be a minimum of 20 affordable
units. All aspects of the development shall further comply with the
rules and regulations of the township affordable housing office and
the regulations, as applicable, of the COAH (N.J.A.C. 5:91, 5:92 and
5:93, et seq.) and the Uniform Housing Affordability Controls (UHAC)
(N.J.A.C. 5:80-26.1, et seq.).
B.
Applicability. The AH4-Zone shall be applied to a portion of Block
942, Lot 132 and a portion of Lot 79, which is shown on the Official
Tax Map of the Township of Wall. The Official Zoning Map of the Township
of Wall is hereby amended in accordance with the foregoing and is
incorporated by reference. For the purpose of permitting the development
of a multifamily inclusionary development, the provisions and requirements
of the AH4-Zone shall supersede the provisions and restrictions of
the underlying OR-10 (Office Research) Zone district. In the event
of a conflict between the provisions of this section and other sections
of the Township development regulations with respect to the development
of market-rate townhouses and affordable housing, the provisions of
this AH4-Zone shall govern. However, where the regulations and standards
of the AH4 Zone are silent, the standards of Land Development Ordinance
shall apply.
D.
Permitted accessory uses and structures. The following accessory
uses and structures are permitted in the AH4-Zone:
(1)
Signs, as regulated in this chapter.
(2)
Fences, as regulated in this chapter.
(3)
Patios and decks, as regulated by this chapter.
(4)
Outdoor refuse and/or general storage containment structures.
(5)
Common area parking.
(7)
Such other uses that are customary and incidental to the principal
use.
E.
Minimum tract size and open space requirements.
(1)
The minimum tract size for a development in the AH4-Zone shall
be 15 acres.
(2)
A minimum of 25% of the property shall be set aside for open
spaces purposes, which may include facilities such as stormwater basins
and drainage swales.
(3)
The property owner shall provide for the establishment of an
organization for the ownership and maintenance of any common property
and such organization shall be established and regulated by all applicable
statutory standards and conditions.
(4)
A perimeter tract buffer shall be required at a minimum width of 35 feet, except where adjacent to a residential zone district where the perimeter tract buffer shall be a minimum of 40 feet, within which no building improvements shall be permitted, except as provided for in Subsection F(7) below. Existing vegetation shall be maintained to the greatest extent possible.
F.
Area, yard, density and locational requirements for residential development.
(1)
For the purpose of determining gross residential density, the
total tract of land shall be considered.
(2)
The gross residential density shall not exceed six units per
acre.
(3)
Impervious surfaces. The maximum total impervious surface shall
not exceed 45% of the tract.
(4)
The maximum total building coverage shall be 25% of the tract.
(6)
(7)
Building lot lines may extend into the perimeter tract buffer
area provided that no building improvements are located therein.
(8)
Common area property, including lands within the perimeter buffer,
may contain certain improvements, such as underground utility lines,
stormwater management features, retaining walls, landscaping, signage,
walking paths and sidewalks.
(9)
No residential building or structure shall exceed 40 feet or
2 1/2 stories in height, except as regulated by the height exception
provisions of this chapter.
G.
Other regulations. Developments in the AH4-Zone shall be subject
to the following regulations, requirements and standards:
(1)
The installation of signs shall comply with regulations contained in Chapter 140, Part 4, Article XXIX, with the following exceptions:
(a)
One temporary directional sign shall be permitted on Block 942,
Lot 79, along its Route 34 frontage, provided that it does not exceed
36 square feet in size and six feet in height. Said sign may be installed
no closer than 20 feet to any street line.
(b)
The temporary directional sign may remain in place until 90%
of the residences have received a certificate of occupancy on the
site.
(c)
One permanent entry monument sign may be installed at the entrance
to the community, as provided below:
[1]
Sign, monument: A sign in which the entire bottom is in contact
with the ground, utilizing a base or structural frame of stone, brick,
or other material that is harmonious in architectural style and material
to the existing principal building(s) on site.
[2]
Maximum sign face area: 50 square feet.
[3]
Maximum sign height: seven feet.
[4]
Minimum setback: five feet from the front, side, and rear property
lines.
[5]
Structural frame shall project perpendicular from a sign face
by no more than six inches and parallel by no more than 18 inches.
(d)
Signs may only be externally illuminated by ground lights directed at the sign and in compliance with § 140-213, Lighting.
(e)
The entry monument sign shall comply with the Type 3 sign requirements set forth in § 140-227E(3).
(2)
All utilities shall be installed underground by the developer.
(3)
All dwelling units shall be served by public water and sanitary
sewer systems. The developer shall pay the cost of connection and
transmission facilities necessary to connect to the sewer and water
systems servicing the development.
(4)
Garbage, refuse storage (in garages or enclosed containment
structures) and recyclable collection areas suitable for containerized
curbside collection shall be provided. Garbage and refuse collection
shall be provided by the Township's Public Works Department.
(5)
Streets, roads, driveways, parking facilities, walkways, drainage
facilities and other improvements required by this chapter or appropriate
or necessary to the development shall be installed at the expense
of the developer in accordance with the specifications of this chapter
except as modified herein.
(6)
All streets and roads within the tract shall be private streets
and shall be maintained by the body responsible for common areas,
however, for the purposes of street light installation, the streets
shall be considered public roadways. Rights of access and enforcement
shall be formally granted to the Township upon written request by
the body responsible for common areas and upon the adoption of a resolution
of the Township Committee authorizing the enforcement of the provisions
of Subtitle 1 of Title 39 on the subject property.
(7)
All provisions of the Residential Site Improvement Standards
(RSIS) shall be applicable within the AH4-Zone.
(8)
Common open space, recreational or other facilities shall be
owned, operated and maintained as such by an association comprised
of all the owners of the individual units.
(9)
All detention basins and facilities located within the AH4-Zone
shall comply with all applicable regulations under the Flood Hazard
Control Act, N.J.S.A. 58:16A-50 et seq. and the New Jersey Stormwater
Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas are utilized
for stormwater management, the regulations of the New Jersey Department
of Environmental Protection shall apply, and any inconsistent provisions
of the applicable Wall Township ordinances may be waived. Trees, shrubs
and other vegetation may be planted on the slopes or banks of detention
basins or facilities constructed in fill, provided the landscaping
is attractively maintained. All detention and retention basins with
permanent dry-weather pools of water shall have a water depth to minimize
propagation of mosquitoes and provided with mechanical aeration for
water quality.
(10)
All proposed restrictive covenants, articles of incorporation
or other documents related to the creation of a homeowners' association,
trust documents or other deed or documents to provide for ownership
and maintenance of common property and facilities shall be submitted
to the Township for review by the Planning Board and Township Attorney
prior to final review of any subdivision or site plan.
(11)
In any case where the maintenance or repair of any wall, fence
or other improvement by its owner or his or her agent would require
entry upon the adjacent property, an appropriate easement or right
shall be created in favor of the subject owner. All such easements
shall be detailed in specifications as to the required notice and
any limitations upon the right of entry shall provide a specific means
of arbitration in the event of disputes.
(12)
Notwithstanding any other standard to the contrary, the Land
Use Officer may issue a permit for the import or removal of fill material
to and from the site, provided that the estimated quantities of said
import or removal is made part of the engineering testimony presented
to the Planning Board at the time of approval.
(13)
Design requirements. Development in the AH4-Zone shall be subject
to the following standards:
(a)
The site plan shall be required to depict and delineate the
edge of all woodlands but shall not be required to map or survey all
trees on site.
(b)
All improvements within 50 feet of the boundary of the site
shall be shown on the site plan.
(c)
Townhomes shall contain no less than 125 cubic feet of storage
space, exclusive of the required storage to be provided for at least
two 96 gallon trash containers, which may be within garages, basements,
cellars or separate refuse and/or general storage structures, and
which shall be in addition to bedroom closet space provided with the
unit. If within garages, a rectangle of not less than nine feet by
18 feet shall remain clear for parking vehicles.
(d)
The development shall comply with all applicable building design standards set forth in § 140-252, except that for the purposes of this section, the following building design standard shall be amended to read as set forth below:
[1]
Section 140-252A(3)(b): Accessory buildings should be architecturally treated in a uniform, compatible and harmonious manner to principal buildings.
[2]
Section 140-252A(3)(d): All basement walls greater than 24 inches above finished grade and must be treated to relate properly to the design of the building.
[3]
Section 140-252B(1): Building facade length shall not exceed 160 feet. The front facade of any structure shall not continue the same plane for a distance of more than the width of two horizontally adjacent units. Offsets between front facade planes shall not be less than two feet.
(14)
All ordinances or parts thereof inconsistent with the provisions
of this section are hereby superseded to the extent of such inconsistencies.
[Added 12-16-2020 by Ord. No. 16-2020]
A.
Purpose. The purpose of this zone is to allow for a multifamily project
of mixed residential uses that partially addresses the Township's
affordable housing obligation. The developer's agreement shall govern
the nature of the restricted multifamily project to be constructed
by the developer and require a 20% set-aside for affordable housing
providing for a minimum of 50 affordable units. The Planning Board
shall make compliance with such developer's agreement a condition
of any approval it may grant for a development in the AH5 Zone.
B.
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract, containing the entirety of the multifamily development along with all ancillary components. This zone may operate under a technical subdivision provision pursuant to § 140-81 of the Wall Township Ordinance, which allows a developer to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
C.
Permitted principal uses. In the AH5 Zone, no premises shall be used,
and no structure shall be erected, altered or occupied for any purposes
except the following:
(1)
Multifamily apartments.
D.
Permitted accessory uses.
(1)
Common parking areas.
(2)
Common private recreational facilities and structures and open
space, including but not limited to a clubhouse, swimming pool and
up to but not exceeding seven freestanding gazebos scattered throughout
the site.
(3)
Common maintenance and trash facilities.
(4)
All provisions of the Wall Township sign regulations contained in Article XXIX shall apply except that one monument style sign identifying the name of the development, as defined below, is permitted.
(a)
Sign, monument: A sign in which the entire bottom is in contact
with the ground, utilizing a base or structural frame of stone, brick,
or other material that is harmonious in architectural style and material
to the existing principal building(s) on site.
(5)
Up to but not exceeding one caretaker unit.
(6)
One rental management office located within one of the residential
buildings on the first floor.
(7)
Detached/freestanding storage units, which shall be used only
for the personal storage of residents residing on site, or equipment
to maintain the facility.
(8)
Such other uses and structures that are customary and incidental
to the principal use as may be permitted by the approving authority.
(9)
Basements in buildings can be used for tenant storage, owner
storage, maintenance facilities, manager's office, utilities and other
amenities to the property.
E.
Compliance with site plan standards, subdivision standards and regulations.
Unless provided to the contrary herein, applications for development
in the AH5 Zone shall follow and be subject to the applicable procedures,
regulations, standards and guidelines as required for preliminary
and final site plan and/or subdivision review of this chapter and
other applicable ordinances which are incorporated herein by reference.
F.
Maximum regulations. Development in the AH5 Zone shall be subject
to the following maximum regulations:
(1)
Density. The gross density of the overall tract shall be no
more than 24 dwelling units per acre, prior to any dedications of
land to public entities, with up to but not exceeding 250 dwelling
units for the overall tract.
(2)
Impervious surfaces. The maximum total impervious surface shall
not exceed 75% of the developable area of the tract.
(3)
The maximum total lot coverage by buildings shall be 30% of
the developable area of the tract.
(4)
Residential units per building. Buildings shall have a maximum
of 40 dwelling units, except that buildings set back a minimum of
75 feet from a single- or two-family property may have a maximum of
60 dwelling units. When the increased number of dwelling units per
building is permitted, all buildings within 50 feet of a single- or
two-family property shall be reduced to not more than three stories
and 35 feet in height. Additionally, when the increased number of
dwelling units per building is permitted, the number of units in all
buildings within 50 feet of a single- or two-family property shall
be reduced by the same amount of units.
(5)
Principal building length. The maximum principal building length
for multifamily buildings shall be 200 feet.
(6)
Building height.
(a)
Each multifamily building shall be a maximum of four stories
and 45 feet except that any multifamily building constructed within
150 feet of the right-of-way line of a secondary arterial road shall
be a maximum of three stories and 35 feet.
(b)
Accessory clubhouse and maintenance buildings shall be limited
to one story and 20 feet in height.
(c)
Building height shall be measured as set forth in § 140-17, Definitions, of this chapter, except that height in this zone shall be measured from the average proposed finished grade at each building corner to the midpoint of the roof and the original grade at a building corner shall not be a factor, or benchmark, in determining building height.
(7)
Bedroom distribution. Multifamily units shall have either one-,
two-, or three-bedroom units.
G.
Minimum regulations. Developments in the AH5 Zone shall be subject
to the following minimum regulations:
(1)
Overall tract requirements for multifamily developments:
(a)
Minimum lot area: 10 acres.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot frontage: 200 feet.
(d)
Minimum lot depth: 200 feet.
(e)
Minimum building setback from external roads: 50 feet.
(f)
Minimum building setback from internal lot lines: zero feet.
(g)
Minimum principal building setback from external tract lines
other than external roads: 40 feet from single family detached residential
property lines. Ten feet from commercial and attached residential
property lines.
(h)
Minimum accessory building setback from external tract boundary:
15 feet, except that any clubhouse or maintenance building shall meet
the principal building setback.
(i)
Minimum distance between structures: 35 feet.
(m)
Accessory structures shall be permitted in the front yard area
if adequately screened and buffered from view from all public streets
and adjacent properties.
(2)
Dwelling unit width. No multifamily dwelling shall be less than
15 feet in width.
(3)
Dwelling unit characteristics. Each dwelling unit shall contain,
at a minimum, a separate bedroom, a separate bathroom, and a kitchen
which shall be located separate and apart from other rooms except
that a combined kitchen and living room shall be permitted. Each dwelling
unit shall have a washer and dryer. The mix of dwelling units shall
be in conformance with this chapter.
(4)
Dwelling unit size.
(a)
Multifamily dwelling units shall have a minimum of 550 square
feet of habitable area for one-bedroom units, 875 square feet for
two-bedroom units, and 1,000 square feet for three-bedroom units.
(b)
Dwelling unit storage. No dwelling unit shall contain less than
250 cubic feet of storage space, which may be within basements, cellars,
or separate storage buildings, and which shall be in addition to bedroom
closet space provided with the unit.
(c)
Open space and recreation areas. The applicant shall provide
recreational amenities for multifamily residents, including:
[1]
A recreational area with a minimum size of 10 square feet for
each dwelling unit in the development which can be a freestanding
clubhouse or within one of the apartment buildings;
[2]
Open lawn play area(s), or pool with a minimum combined square
footage of 1,000 square feet; and
[3]
Two or more of the following facilities: Outdoor picnic/barbecue
area(s), bicycle parking, bocce court, pickleball court, tot lot/play
area, tennis court, basketball court, community garden, exercise area,
off-leash dog area, and other related recreational amenities as approved
by the Board. For the purpose of this subsection, a swimming pool
shall count as two facilities.
(5)
Buffer and landscape areas.
(a)
Buffer location. Except as otherwise permitted by the approving
authority, where the overall tract abuts an existing residential zone,
use, or use permitted in a residential zone, a landscaped buffer strip
at least 20 feet in width shall be permanently maintained along the
property line abutting such zone or use. Where the overall tract abuts
a nonresidential zone or use not permitted in a residential zone,
a landscaped buffer strip at least five feet in width shall be established
and permanently maintained along the property line abutting such zone
or use. Existing vegetation shall be maintained to the greatest extent
possible.
(b)
Buffer areas shall consist of lawn area and massed evergreen
and deciduous trees and shrubs planted in such a manner that will
provide a continuous visual screen throughout the entire year within
a period of two full growing seasons following the planting of the
buffer. Evergreen coniferous trees shall have a minimum height of
six feet when planted. Deciduous trees shall have a minimum caliper
of two inches when planted. All plant material shall conform to the
current American Standard for Nursery Stock sponsored by the American
Association of Nurseryman, Inc.
(c)
Use of buffer areas. Required buffers shall be used for no other
purpose than as a buffer and as a part of the required open space
of the tract. The only structures which may be erected within a buffer
area are fences as elsewhere regulated in Part 4 of the Land Use and
Development Regulations, retaining walls, and ingress or egress drives.
(d)
Wooded areas. Where an area required for a buffer is already
wooded, it shall be left in its natural state to the maximum extent
feasible, and the existing growth shall be supplemented with additional
plant material where necessary as required by the approving authority.
(e)
The proposed tree clearing, grading and landscape plan shall
respect and complement the existing topographic features of the site
where practical.
(f)
All mechanical equipment, trash enclosures, and related accessory
structures shall be screened from view.
H.
Other regulations. Developments in the AH5 Zone shall be subject
to the following regulations, requirements, and standards:
(1)
All utilities shall be installed underground by the developer.
(2)
All dwelling units shall be served by public water and sanitary
sewer systems. The developer shall pay the cost of connection and
transmission facilities necessary to connect to the sewer and water
systems servicing the development.
(3)
Garbage refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with Article XXXV of the Land Use and Development Regulations.
(4)
Garbage and refuse collection shall be provided and maintained
by the body responsible for internal private streets and other common
facilities.
(5)
Streets, roads, driveways, parking facilities, walkways, streetlights,
fire hydrants, drainage facilities and other improvements required
by this chapter or appropriate or necessary to the development shall
be installed at the expense of the developer in accordance with the
specifications of this chapter except as modified herein:
(6)
All streets and roads within the tract shall be private streets
and shall be maintained by the body responsible for common areas.
Rights of access and enforcement shall be formally granted to the
Township upon written request by the body responsible for common areas
and upon the adoption of a resolution of the Township Committee authorizing
the enforcement of the provisions of Subtitle 1 of Title 39 on the
subject property.
(7)
The New Jersey Residential Site Improvement Standards at N.J.A.C.
5:21 shall govern the pavement width of internal private roads.
(8)
Parking. The New Jersey Residential Site Improvement standards
at N.J.A.C. 5:21 shall govern the parking requirements.
(a)
Parking shall be allowed in the front yard of the tract along
Highway 35.
(b)
The minimum parking setback from the external overall tract
boundary should be 20 feet from single family detached residential
property lines and five feet from commercial and attached residential
property lines. Parking shall not be permitted in required buffer
areas.
(9)
Common open space, recreational or other facilities shall be
owned, operated and maintained by the property owner or its management
company for the apartment buildings.
(10)
All detention basins and facilities located within the AH5 Zone
shall comply with all applicable regulations under the Flood Hazard
Control Act, N.J.S.A. 58:16A-50 et seq., and the New Jersey Stormwater
Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas are utilized
for stormwater management, the regulations of the New Jersey Department
of Environmental Protection shall apply, and any inconsistent provisions
of the applicable Wall Township ordinance may be waived. Trees, shrubs,
and other vegetation may be planted on the slopes or banks and the
floor of detention basins or facilities constructed in fill, provided
the landscaping is attractively maintained. All detention and retention
basins with permanent dry-weather pools of water shall have a water
depth to minimize propagation of mosquitoes and provided with mechanical
aeration for water quality.
(11)
In any case where the maintenance or repair of any wall, fence
or other improvement by its owner or his or her agent would require
entry upon the adjacent property, an appropriate easement or right-of-way
shall be created in favor of the subject owner. All such easements
shall be detailed in specifications as to the required notice and
any limitations upon the right of entry shall provide a specific means
of arbitration in the event of disputes.
(12)
Soil removal. The provisions of § 140-117 of this chapter pertaining to the removal of soil shall apply to the developments in the AH5 Zone as modified as follows:
(a)
The provisions of § 140-117A shall be modified to authorize the Planning Board to issue a temporary soil removal of subsoil as may be necessary to construct the structures approved by the approving authority.
(b)
The provisions of § 140-117B shall be modified to authorize the Planning Board to issue a temporary soil removal permit for the removal of soil, sand or gravel as may be necessary to render the premises suitable for the development, for which a site plan or major subdivision plat has been approved. The Planning Board shall apply the standards of Chapter 188, Soil Removal.
(13)
Performance guarantee. In the AH5 Zone, the provisions of § 140-92 with respect to performance guarantees shall apply. Performance guarantees shall be permitted separately for the multifamily phases.
(14)
Maintenance guarantee. In the AH5 Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply. Maintenance guarantees shall be permitted separately for the multifamily phases.
(15)
Improvements required prior to issuance of certificate of occupancy. In the AH5 Zone, the provisions of § 140-288 shall apply with respect to the issuance of certificates of occupancy.
(a)
No permanent certificate of occupancy shall be issued for any
use or building until all required improvements are installed and
approved by the Township Engineer or other appropriate authority.
(b)
No temporary certificate of occupancy shall be issued for any
use or building unless the Township Engineer shall have, where applicable,
certified to the following:
[1]
Utilities and drainage. All utilities, including,
but not limited to, water, gas, storm drains, sanitary sewers, electric
lines and telephone lines shall have been properly installed, and
service to the lot, building or use from such utilities shall be available.
[2]
Street rights-of-way. All street rights-of-way
necessary to provide access to the lot, building or use in question
shall have been completely graded and all slope-retaining devices
or slope planting shall have been installed.
[3]
Sidewalks. All required sidewalks necessary to
provide access to the lot, building or use in question shall have
been properly installed.
[4]
Streets. Curbing and the bituminous base course
of bituminous concrete streets necessary to provide access to the
required number of parking spaces for the building or use in question
shall have been properly installed.
[5]
Curbing and parking areas. Curbing and the bituminous
base course of parking areas necessary to provide access to the required
number of parking spaces for the building or use in question shall
have been properly installed.
[6]
Obstructions. All exposed obstructions in parking
areas, access drives or streets such as manhole frames, water boxes,
gas boxes and the like shall be protected by building to the top of
such exposures with bituminous concrete as directed by the Township
Engineer.
[7]
Screening, fences, and landscaping. All required
screening, fencing and/or landscaping related to the lot, building
or use in question shall have been properly installed, unless the
Township Engineer shall direct the developer to delay the planting
of screening and landscaping until the next planting season in order
to improve the chances of survival of such plantings.
[8]
Site grading. All site grading necessary to permit
proper surface drainage and prevent erosion of soils shall have been
completed in accordance with the approved soil disturbance plans.
[9]
Public water supply. Where the proposed lot, building
or use is served by a public water supply, said supply shall have
been installed and tested and all required fire hydrants or fire connections
shall have been installed and tested and approved. However, the public
water supply shall not be used to supply outdoor sprinkler systems.
[10]
Lighting. The lighting plan shall comply with
all applicable ordinance requirements, as well as the following standards:
[a]
All outdoor lighting shall be aimed, located, designed,
fitted and maintained so as not to present a disabling glare hazard
to drivers or a nuisance to neighboring properties. Glare shall be
controlled through the use of full cutoff fixtures, the appropriate
application of mounting height, wattage, aiming, fixture placement,
and fixture design, etc. and the addition of shields and baffles as
necessary.
[b]
Applicants shall use fixtures to complement the
building architecture. Pole-mounted lights shall be a maximum of 20
feet tall. Floodlights and spotlights shall not be permitted.
[c]
Lighting shall be controlled by automatic switching
devices, such as timers, motion detectors, and/or photocells, to extinguish
potentially offending, nonessential light sources overnight, to minimize
glare and sky-lighting consequences.
[d]
LED site lighting shall not exceed 3,500 degrees
Kelvin.
[11]
Street signs and traffic control devices. All
street signs, paint lining and/or traffic control devices affecting
the proposed lot, building, or use, and required under the terms of
approval of a subdivision or site plan or by federal, county, or municipal
rules, regulations, or laws, shall have been installed.
[12]
Performance guarantee. The Engineer shall have
received a statement signed by the developer and any entity providing
any performance guarantee, which contains language identical or similar
to the following: "The issuance of any certificate of occupancy (temporary
or permanent) shall not be a basis for any claimed reduction in any
performance guarantee."
[13]
Other. Any other conditions established for issuance
of a certificate of occupancy by the Planning Board as a condition
of final site plan or subdivision approval shall be complied with.
[14]
Temporary certificate of occupancy shall be issued
for a specified period of time, not to exceed one year.
I.
Affordable housing requirements.
(1)
The restrictions and standards applicable to inclusionary housing of low- and moderate-income persons and families are set forth in Article XLII of the Land Use and Development Regulations.
(2)
The affordable housing set-aside requirements for multifamily
rental units shall be 20% with a minimum of 50 units and shall comply
with all applicable provisions of the substantive and procedural rules
and regulations as set forth by the New Jersey (Department of Community
Affairs) Council on Affordable Housing at N.J.A.C. 5:93 and 5:97 et
seq. In addition, affordable housing units in this district shall
comply with the Uniform Affordability Controls ("UHAC") at N.J.A.C.
5:80-26.1 et seq., with the exception that 13% of the affordable units
within each bedroom distribution shall be required to be for very-low-income
households earning less than 30% of the area median income.
(3)
The affordable units shall be subject to affordability controls
of at least 30 years and affordable deed restriction as provided for
by UHAC, and the affordability controls shall remain until the Township,
in its sole discretion, takes action to release the unit from such
requirements pursuant to the requirements of N.J.A.C. 5:80-26.10.
(4)
The residents of the affordable units shall have full and equal
access to all of the amenities, common areas, and recreation areas
and facilities as the market units.
(5)
The affordable units shall be integrated with the market units
to the maximum extent possible, and the affordable units shall not
be concentrated in separate building(s) from the market units.
J.
Design requirements. Development in the AH5 Zone shall conform to
the design guidelines in Part 5 of the Land Use and Development Regulations
in addition to the following supplemental guidelines:
(1)
The site plan shall be required to depict and delineate the
edge of all woodlands which are not to be disturbed by construction
activity.
(2)
The front facade of any structure shall not continue on the
same plane for a distance of more than the width of two horizontally
adjacent units. Offsets between front facade planes shall not be less
than two feet or no more than 20 feet.
(3)
Building architecture. Development shall comply with the Building Design Standards of § 140-252, as well as the following additional standards:
(a)
Primary elements of traditional architectural styles with pitched
roofs with a minimum slope of 5/12.
(b)
When buildings are greater than 9,000 square feet, and where
a fully pitched roof throughout would not be practical, a sloped perimeter
roof with a slope of 5/12 or greater shall be permitted in coordination
with a flat roof, provided that the appearance is that of a full roof.
The primary roofing materials shall be standing seam metal or dimensional
shingles.
(c)
All buildings shall provide architectural elements such as wall
articulations and roofline variations. Box-like building shapes that
offer minimal articulation of the walls and roofline shall be prohibited.
(d)
Facade treatments.
[1]
Building facades shall be one of the following facade types:
[a]
Primary facades: siding profiles shall include
a mix of shingles, clapboard, board and batten, aluminum, vertical
beaded boards, smooth boards/sheets or stucco. At least 25% but not
more than 50% of a primary facade shall be brick or manufactured stone.
Primary facades shall include architectural appurtenances such as
parapets, spires, belfries, cupolas, domes, gables, reversed gables,
pent roofs, mansard roofs or similar features.
[b]
Secondary facades: shall complement primary facades,
and must include, but may be to a lesser extent, all material types
that make up the primary facade. Secondary facades shall include architectural
appurtenances such as parapets, spires, belfries, cupolas, domes,
gables, reversed gables, pent roofs, mansard roofs or similar features.
[c]
Tertiary facades: may be comprised of vinyl siding,
cementitious siding, or EIFIS provided the fenestration and architectural
details are compatible with and harmonious with the primary and secondary
facades to the satisfaction of the Planning Board.
[2]
Building facade type shall be located as follows:
[a]
A primary facade shall be applied to sides of buildings
which front a public right-of-way. Also, a building containing the
clubhouse is to have a primary facade on the side of the building
which contains the main entrance. Additionally, the front of any other
building on the site containing 40 dwelling units must have a primary
facade.
[b]
A secondary facade shall be applied to sides of
buildings which front a parking lot or internal road on the site.
Additionally, both ends of any building on the site containing 40
dwelling units must have a secondary facade.
[c]
A tertiary facade may only be used on sides of
buildings which do not front a parking lot or internal road on the
site.
(e)
All accessory buildings and structures shall be treated architecturally
to complement the residential buildings.
(f)
Not withstanding the requirements of § 140-252B(1) the maximum principal building length for multifamily buildings shall be 200 feet.
(g)
Construction phasing: The site development and the construction
of buildings may be phased as permitted by the approving authority.
(h)
Sidewalks: Sidewalks shall not be required along secondary arterial
roads, except that sidewalks shall be installed along secondary arterial
roads in areas within 400 feet of a primary arterial road.
(i)
Change of elevation: Given the existing unique and varying topography of the site, any change in elevation of more than two vertical feet by means of soil removal, fill or grading will be permitted under this section without requiring a bulk variance not withstanding the provisions of § 140-116.
(4)
No dwelling unit shall be permitted within a basement.
K.
Waivers or modifications of standards and requirements. The approving authority may grant waivers or modifications of any improvement requirements or standards of this section or Part 4 of the Land Use and Development Regulations if appropriate and warranted by the facts and circumstances of each particular development, including but not limited to whether what is proposed conforms to RSIS. The resolution of approval shall specifically state the reasons for any such waivers or modifications.
[Added 12-16-2020 by Ord. No. 17-2020]
A.
Purpose. The purpose of this zone is to allow for a residential health
care facility ("RHCF") as that term is defined in state regulations,
that partially addresses the Township's affordable housing obligation.
The developer's agreement shall govern the nature of the restricted
RHCF units to be constructed by the developer, 190 of which shall
be affordable to very-low-, low-, and moderate-income occupants as
more fully specified in the developer's agreement between the Township
and the developer of the residential health care facility contemplated
in this section, the Township's Affordable Housing Ordinance, Uniform
House Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1, et seq.,
applicable Council on Affordable Housing ("COAH") regulations, and
any applicable order of the Court, including a judgment of compliance
and repose order. The Planning Board shall make compliance with such
developer's agreement a condition of any approval it may grant for
a development in the AH6 Zone.
B.
Permitted principal uses. In the AH6 Zone, no premises shall be used
and no structure shall be erected, altered or occupied for any purposes
except the following:
(1)
RHCF units, as defined in state regulations, and their associated
amenities.
C.
Permitted accessory uses.
(1)
Adult medical day-care for the RHCF residents.
(2)
Religious services for the RCHF residents.
(3)
Caretaker units, which shall not exceed 16 caretaker units.
(4)
Common parking areas.
(5)
Common private recreational facilities and structures and open
space.
(6)
Common maintenance and trash facilities.
(7)
All provisions of the Wall Township sign regulations contained in Article XXIX shall apply except that one monument style sign identifying the name of the development, as defined below, is permitted.
(a)
Sign, monument: A sign in which the entire bottom is in contact
with the ground, utilizing a base or structural frame of stone, brick,
or other material that is harmonious in architectural style and material
to the existing principal building(s) on site.
D.
Compliance with site plan standards, subdivision standards and regulations.
Unless provided to the contrary herein or in the developer's agreement,
applications for developments in the AH6 Zone shall follow and be
subject to the applicable procedures, regulations, standards and guidelines
as required for preliminary and final site plan and/or subdivision
review of this chapter and other applicable ordinances.
E.
Maximum regulations. Development in the AH6 Zone shall be subject
to the following maximum regulations:
F.
Minimum regulations. Developments in the AH6 Zone shall be subject
to the following minimum regulations:
(1)
Minimum lot area: two acres.
(3)
Parking. A minimum of one parking space per five approved units
shall be required. Parking shall not be permitted in required buffer
areas.
(4)
Buffer and landscape areas.
(a)
Buffer location. Except as otherwise permitted by the approving
authority, where the overall tract abuts an existing residential zone,
use, or use permitted in a residential zone, a landscaped buffer strip
at least 16 feet in width shall be permanently maintained along the
property line abutting such zone or use. Where the overall tract abuts
a nonresidential zone or use not permitted in a residential zone,
a landscaped buffer strip at least 16 feet in width shall be established
and permanently maintained along the property line abutting such zone
or use. Existing vegetation shall be maintained to the greatest extent
possible.
(b)
Buffer areas shall consist of lawn area and massed evergreen
and deciduous trees and shrubs planted in such a manner that will
provide a continuous visual screen throughout the entire year within
a period of two full growing seasons following the planting of the
buffer. Evergreen coniferous trees shall have a minimum height of
six feet when planted. Deciduous trees shall have a minimum caliper
of 2 1/2 inches when planted. All plant material shall conform
to the current American Standard for Nursery Stock sponsored by the
American Association of Nurseryman, Inc.
(c)
Use of buffer, areas. Required buffers shall be used for no
other purpose than as a buffer and as part of the required open space
of the tract. The only structures which may be erected within a buffer
area are fences as elsewhere regulated in Part 4, of the Land Use
and Development Regulations and retaining walls, drive openings, and
necessary internal driveways, for the first 24 feet of driveway entrance
to the site unless otherwise permitted by the approving authority.
(d)
Wooded areas. Where an area required for a buffer is already
wooded, it shall be left in its natural state to the maximum extent
feasible, and the existing growth shall be supplemented with additional
plant material where necessary as required by the approving authority.
(5)
The proposed tree clearing, grading and landscape plan shall
respect and complement the existing topographic features of the site
where practical.
(6)
All mechanical equipment, trash enclosures, and related accessory
structures shall be screened from view.
G.
Other regulations. Developments in the AH6 Zone shall be subject
to the following additional regulations, requirements and standards:
(1)
All utilities shall be installed underground by the developer.
(2)
All dwelling units shall be served by public water and sanitary
sewer systems. The terms concerning the same are to be addressed in
the developer's agreement.
(3)
Garbage, refuse, storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with Article XXXV of the Land Use and Development Regulations.
(4)
Garbage, refuse, leaf and brush collection, removal of snow
ice and other obstructions from internal roads and streets and lighting
of roads and streets shall be provided and maintained by the entity
responsible for internal private streets and other common facilities.
If the Township provides garbage pickup, reimbursement to the owner
shall be governed by the Qualified Private Communities Statute (N.J.S.A.
40:67-23.3).
(5)
Streets, roads, driveways, parking facilities, walkways, streetlights,
fire hydrants, drainage facilities and other improvements required
by this chapter or appropriate or necessary to the development shall
be installed at the expense of the developer in accordance with the
specifications of this chapter except as modified herein:
(a)
Drainage maintenance (§ 140-245) in privately maintained streets shall be the responsibility of the developer and his successors in title.
(b)
All streets and roads within the tract shall be private streets
and shall be maintained by the operator. Rights of access and enforcement
shall be formally granted to the Township.
(6)
Common open space, recreational or other facilities shall be
owned, operated and maintained as such by the RHCF operator.
(7)
All detention basins and facilities located within the AH6 Zone
shall comply with all applicable regulations under the Flood Hazard
Control Act, N.J.S.A. 58:16A-50 et seq. and the New Jersey Stormwater
Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas are utilized
for stormwater management the regulations of the New Jersey Department
of Environmental Protection shall apply and any inconsistent provisions
of the applicable Wall Township ordinances may be waived. Trees, shrubs
and other vegetation may be planted on the slopes or banks of detention
basins or facilities constructed in fill, provided the landscaping
is attractively maintained. All detention and retention basins with
permanent dry-weather pools of water shall haven water depth to minimize
propagation of mosquitoes and provided with mechanical aeration for
water quality.
(8)
All proposed restrictive covenants, articles of incorporation
or other documents related to occupancy or maintenance of common property
and facilities shall be submitted to the Township for review by the
Planning Board and Township Attorney prior to final review of any
subdivision or site plan.
(9)
Soil removal. The provisions of § 140-117 of this chapter pertaining to the removal of soil shall apply.
(10)
Performance guarantee. In the AH6 Zone, the provisions of the
Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq. ("MLUL"), and Wall
Township Ordinance with respect to performance guarantees shall apply.
Performance guarantees shall be permitted separately for different
phases of the RHCF development.
(11)
Maintenance guarantee. In the AH6 Zone, the provisions of the
MLUL and Wall Township Ordinance with respect to maintenance guarantees
shall apply. Maintenance guarantees shall be permitted separately
for different phases of the RHCF development.
(12)
Improvements required prior to issuance of certificate of occupancy. In the AH6 Zone, the provisions of § 140-288 shall apply with respect to the issuance of certificates of occupancy to the extent consistent with the developer's agreement.
(a)
No permanent certificate of occupancy shall be issued for use
of the RHCF building until all required improvements are installed
and approved by the Township Engineer or other appropriate authority.
(b)
No temporary certificate of occupancy shall be issued for use
of the RHCF building unless the Township Engineer shall have, where
applicable, certified to the following:
[1]
Utilities and drainage: All utilities, including,
but not limited to, water, gas, storm drains, sanitary sewers, electric
lines and telephone lines shall have been properly installed and service
to the lot, building or use from such utilities shall be available.
[2]
Street rights-of-way: All street rights-of-way
necessary to provide access to the lot, building or use in question
shall have been completely graded and all slope-retaining devices
or slope planting shall have been installed.
[3]
Sidewalks: All sidewalks necessary to provide access
to the lot, building or use in question shall have been properly installed.
[4]
Streets: Curbing, and the bituminous base course
of bituminous concrete streets necessary to provide access to the
required number of parking spaces for the building or use in question
shall have been properly installed.
[5]
Curbing and parking areas: Curbing and the bituminous
base course of parking areas necessary to provide access to the required
number of parking spaces for the building or use in question shall
have been properly installed.
[6]
Obstructions: All exposed obstructions in parking
areas, access drives or streets such as manhole frames, water boxes,
gas boxes and the like shall be protected by building to the top of
such exposures with bituminous concrete as directed by the Township
Engineer.
[7]
Screening, fences, and landscaping: All required
screening, fencing and/or landscaping related to the lot, building
or use in question shall have been properly installed, unless the
Township Engineer shall direct the developer to delay the planting
of screening and landscaping until the next planting season in order
to improve the chances of survival of such plantings.
[8]
Site grading: All site grading necessary to permit
proper surface drainage and prevent erosion of soils shall have been
completed in accordance with the approved soil disturbance plans.
[9]
Public water supply: Public water shall be provided
by the Township in accordance with the developer's agreement. Where
the proposed lot, building or use is served by a public water supply,
said supply shall have been installed and tested and all required
fire hydrants or fire connections shall have been installed, tested,
and approved.
[10]
Lighting: The lighting plan shall comply with
all applicable ordinance requirements, as well as the following standards:
[a]
All outdoor lighting shall be aimed, located, designed,
fitted and maintained so as not to present a disabling glare hazard
to drivers or a nuisance to neighboring properties. Glare shall be
controlled through the use of full cutoff fixtures, the appropriate
application of mounting height, wattage, aiming, fixture placement,
and fixture design, etc. and the addition of shields and baffles as
necessary.
[b]
Applicant shall use fixtures to complement the
building architecture. Pole-mounted lights shall be a maximum 25 feet
tall. Floodlights and spotlights shall not be permitted.
[c]
Lighting shall be controlled by automatic switching
devices, such as timers, motion detectors, and/or photocells, to extinguish
potentially offending, nonessential light sources overnight, to minimize
glare and sky-lighting consequences.
[d]
LED lighting shall not exceed 3,500 degrees Kelvin.
[11]
Street signs and traffic control devices: All
street signs, paint lining and/or traffic control devices affecting
the proposed lot, building, or use, and required under the terms of
approval of a subdivision or site plan or by federal, county, or municipal
rules, regulations, or laws, shall have been installed.
[12]
Performance guarantee: The Engineer shall have
received a statement signed by the developer and any entity providing
any performance guarantee, which contains language identical or similar
to the following: "The issuance of any certificate of occupancy (temporary
or permanent) shall not be a basis for any claimed reduction in any
performance guarantee."
[13]
Other: Any other conditions established for issuance
of a certificate of occupancy by the Planning Board as a condition
of final site plan or subdivision approval shall be complied with.
[14]
Temporary certificates of occupancy shall be issued
for a specified period of time.
H.
Affordable housing requirements.
(1)
All units in the RHCF shall be affordable to low-, very-low-,
and moderate-income occupants as specified in the developer's agreement
and in accordance with UHAC regulations, N.J.A.C. 5:80-26.1, with
the exception that 13% of the affordable units within each bedroom
distribution shall be required to be for very-low-income households
earning less than 30% of the area median income.
(2)
The affordable units shall be subject to affordability controls
of at least 30 years and affordable deed restriction as provided for
by UHAC, and the affordability controls shall remain until the Township,
in its sole discretion, takes action to release the unit from such
requirements pursuant to the requirements of N.J.A.C. 5:80-26.10.
(3)
The residents of the affordable units shall have full and equal
access to all of the amenities, common areas, and recreation areas
and facilities as the market units.
I.
Waivers or modifications of standards and requirements. The approving
authority may grant waivers or modifications of any improvement requirements
or standards of this section or of the Land Use and Development Regulations
if appropriate and warranted by the facts and circumstances of each
particular development. The resolution of approval shall specifically
state the reasons for any such waivers or modifications.
[Added 5-26-2021 by Ord.
No. 9-2021]
A.
Purpose. The purpose of this zone is to allow for a residential project
that partially addresses the Township's affordable housing obligation.
The developer's agreement shall govern the nature of the affordable
units to be constructed by the developer, and require 68 affordable
units restricted to occupancy by households of very low, low and moderate
income, and the buildings containing such units shall be integrated
throughout the development. Building(s) may contain affordable units
only, and nothing herein prohibits any particular building from having
both market-rate and affordable units. The Planning Board shall make
compliance with such developer's agreement a condition of any approval
it may grant for a development in the AH7 Zone.
B.
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include 1) one overall tract, containing the entirety of the development along with all ancillary components; 2) a separate tract for a water tower; and 3) the right to create fee-simple townhouse parcels. This zone operates under a technical subdivision provision pursuant to § 140-81 of the Wall Township ordinance, which allows a developer to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
C.
Permitted principal uses. In the AH7 Zone, no premises shall be used
and no structure shall be erected, altered or occupied for any purposes
except the following:
(1)
Multifamily apartments and flats. A maximum of 36 units is permitted
per building.
(2)
Townhouses, provided that not more than six units be attached
in one building.
(3)
Stacked townhouses. A stacked townhouse shall be defined as
a structure containing two or more connected dwelling units stacked
one dwelling unit above another, which can include shared floors divided
by walls and shared common party walls, with private entrances to
each unit. Permitted stacked townhouse types shall be as follows:
(4)
Water tower and associated structures.
D.
Permitted accessory uses.
(1)
Enumeration of permitted accessory uses and structures.
(a)
Off-street parking, subject to the Residential Site Improvement
Standards (RSIS) New Jersey Administrative Code, Title 5, Chapter
21.
(b)
Private attached garages for not more than two vehicles.
(c)
Common private recreational facilities and structures and open
space, including, but not limited to, a clubhouse and swimming pool.
(d)
Storage building/structure for indoor storage of pool and maintenance
equipment.
(e)
Fences and walls.
(f)
Retaining walls.
[1]
No more than 25% of the walls shall exceed eight feet in height
with a maximum height of 10 feet permitted.
[2]
Retaining walls may be tiered, and three tiers are permitted,
so long as no single tier exceeds eight feet in height, with a minimum
horizontal distance between tiers equivalent to the height of the
next tier wall above.
[3]
Retaining walls shall be in the rear or side yard of the overall
tract and shall be permitted in the front yard if located in or adjacent
to wetlands.
[4]
Minimum setback from overall tract boundary for retaining walls
in excess of six feet: five feet.
(g)
Stormwater basins and structures.
(h)
Mail kiosk/cluster box unit.
(i)
Sewer pump station.
(j)
Common maintenance and trash facilities.
(k)
Temporary sales trailer and construction trailers, the location
to be shown on the approved site plan, which shall be removed 30 days
after the final dwelling unit receives a certificate of occupancy.
(l)
Such other uses and structures that are customary and incidental
to the principal use as may be permitted by the Planning Board. All
structures accessory to individual dwelling units shall be attached
to the dwelling unit to which they are accessory.
(m)
Signs. All provisions of the Wall Township sign regulations contained in Article XXIX shall apply except that one monument-style sign identifying the name of the development, at each side of the site entrance as defined below, is permitted.
[1]
Sign, monument: A sign in which the entire bottom is in contact
with the ground, utilizing a base or structural frame of stone, brick,
or other material that is harmonious in architectural style and material
to the existing principal building(s) on-site.
[a]
Maximum monument sign face area: 50 square feet
per side if perpendicular to the right-of-way, or total if parallel
to the right-of-way. For double-sided signs, a maximum separation
of 18 inches between sign faces is permitted.
[b]
Maximum monument sign height: eight feet.
[c]
Minimum monument sign setback: five feet from the
front, side, and rear property lines.
E.
Compliance with site plan standards, subdivision standards and regulations.
Unless provided to the contrary herein, applications for developments
in the AH7 Zone shall follow and be subject to the applicable procedures,
regulations, standards and guidelines as required for preliminary
and final site plan and/or subdivision review of this chapter and
other applicable ordinances which are incorporated herein by reference.
F.
Maximum regulations. Development in the AH7 Zone shall be subject
to the following maximum regulations:
(1)
A maximum of 340 residential units shall be permitted on the
overall tract prior to any dedications of land to public entities.
(2)
Impervious surfaces. The maximum total impervious surface shall
not exceed 60% of the overall tract area, excluding any existing dedicated
right-of-way along Highway 34.
(3)
The maximum total building coverage shall be 30% of the overall
tract area, excluding any existing dedicated right-of-way along Highway
34.
(4)
Principal building length. The maximum principal building length
shall be 200 feet.
(5)
Building height.
(a)
Multifamily buildings shall be limited to four stories and 48
feet in height, exclusive of parapets or similar architectural elements
which are permitted up to four feet in height.
(b)
Townhouse and stacked townhouse buildings shall be limited to
three stories and 45 feet in height.
(c)
Accessory clubhouse and maintenance buildings shall be limited
to one story and 30 feet in height.
(d)
Irrespective of any definition in Chapter 140, building height shall be defined as the vertical distance measured from the proposed first floor elevation to the highest point of the roof for flat roofs; the average distance between the eaves and ridge level for gable, hip, and gambrel roofs; and to the deck level for mansard roofs. Allowances shall be made for stepped foundations along the building length. Said measurement shall then apply to each stepped section.
(6)
Bedroom distribution for affordable units shall comply with
the Township's Affordable Housing Ordinance, except as modified by
the developer's agreement.
(7)
Maximum water tower height: 50 feet measured from top of crown
to finished grade.
G.
Minimum regulations. Developments in the AH7 Zone shall be subject
to the following minimum regulations:
(1)
Overall tract requirements:
(a)
Minimum lot area of overall tract excluding existing dedicated
right-of-way along Highway 34: 42 acres.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot frontage: 200 feet.
(d)
Minimum lot depth: 200 feet.
(e)
Minimum principal building setback from overall tract boundary:
50 feet, except that up to 25% of the side and rear property setbacks
can be reduced to 25 feet.
(f)
Minimum accessory building setback from overall tract boundary:
15 feet.
(g)
Minimum distance between buildings: 20 feet (excluding porches,
stairs and common utility rooms which may encroach up to five feet,
and eaves, chimneys/fireplaces, bay windows and other ornamental architectural
features which may encroach up to three feet into the required separation).
(h)
Minimum principal building setback from internal roads and parking
area: 10 feet, except balconies may extend up to five feet from front
or rear of principal structure.
(i)
Patios shall be permitted to extend six feet from the front
of a principal structure. Decks and patios shall be permitted to extend
up to 12 feet from the rear of a principal structure.
(j)
Minimum roadway and parking setback from overall tract boundary:
20 feet, except this dimension may be reduced to five feet along the
primary access road.
(k)
Boulevard type access roadways shall have a minimum width of
18 feet for each separate cartway.
(2)
(4)
Open space and recreation areas. The applicant shall provide
recreational amenities for residents, including:
(5)
Buffer and landscape areas.
(a)
Buffer location. A landscape buffer strip at least 25 feet in
width shall be provided along the overall tract boundary, which shall
be reduced to five feet where the access road is within the buffer
area. No buffer is required where an access road is shared with a
contiguous property. Additionally, the buffer may be reduced to 15
feet for no more than 35% of the tract area along the rear and side
overall tract lines. Existing vegetation shall be maintained to the
greatest extent reasonably feasible. Grading, access roadway, privacy
fencing with a maximum height of six feet, entrance monument sign(s),
and retaining walls are permitted within the landscape buffer. Privacy
fencing shall be permitted along the overall tract boundary with no
required setback.
(b)
Buffer areas shall consist of lawn area and massed evergreen
and deciduous trees and shrubs planted in such a manner that will
provide a continuous visual screen throughout the entire year within
a period of two full growing seasons following the planting of the
buffer. Evergreen coniferous trees shall have a minimum height of
six feet when planted. Deciduous trees shall have a minimum caliper
of 2 1/2 inches when planted. All plant material shall conform
to the current American Standard for Nursery Stock sponsored by the
American Association of Nurseryman, Inc.
(c)
Wooded areas. Where an area required for a buffer is already
wooded, it shall be left in its natural state to the maximum extent
feasible, and the existing growth shall be supplemented with additional
plant material where necessary as required by the approving authority.
(d)
The proposed tree clearing grading and landscape plan shall
respect and complement the existing topographic features of the site
where practical.
(e)
All trash enclosures, and mechanical equipment adjacent to clubhouse
and pool amenities shall be screened from view.
(f)
Dumpsters shall be screened on three sides with masonry wall
or vinyl fencing, with a front gate.
(g)
Unit owners' refuse and recycling receptacles may be stored
together and screened by fencing with a height at least equivalent
to the receptacle height.
H.
Other regulations. Developments in the AH7 Zone shall be subject
to the following regulations, requirements and standards:
(1)
All utilities shall be installed underground.
(2)
All dwelling units shall be served by public water and sanitary
sewer systems. The developer shall pay the cost of connection and
transmission facilities necessary to connect to the sewer and water
systems servicing the development. Township shall own all utilities,
including pump stations.
(3)
Streets, roads, driveways, parking facilities, walkways, streetlights,
fire hydrants, drainage facilities and other improvements required
by this chapter or appropriate or necessary to the development shall
be installed at the expense of the developer in accordance with the
specifications of this chapter except as modified herein:
(4)
All streets and roads within the overall tract shall be private
streets and shall be maintained by the body responsible for common
areas. Rights of access and enforcement shall be formally granted
to the Township upon written request by the body responsible for common
areas and upon the adoption of a resolution of the Township Committee
authorizing the enforcement of the provisions of Subtitle 1 of Title
39 on the subject property.
(5)
Parking. The New Jersey Residential Site Improvement Standards
at N.J.A.C. 5:21 shall govern the parking requirements.
(a)
Parking shall be allowed in the front yard of each individual
lot or unit.
(b)
Garages and driveways may be accessed by an alley.
(c)
The minimum parking setback from the overall tract boundary
shall be 20 feet. Parking shall not be permitted in required buffer
areas.
(d)
Residential units shall meet the RSIS requirements for one-,
two-, or three bedroom garden apartments (for multifamily and stacked
townhomes) and townhouse requirement for townhome units.
(e)
Off-street parking shall be provided for the clubhouse at a
rate of one space per 15 housing units approved. No loading space
is required for the clubhouse.
(f)
All guest parking shall be within 300 feet of unit served.
(6)
Sidewalks shall be required on one side of the internal roads,
and not required along the access road and internal alleys. Where
a residential structure fronts on an internal road, the sidewalks
shall be provided on the same side of the internal road as the residence.
When a residential structure does not front on an internal road, sidewalks
shall be provided along the front of the residence.
(7)
Bicycle lanes and bikeways are not required.
(8)
Common open space, recreational or other facilities shall be
owned, operated and maintained as such by an association comprised
of all the owners of the individual units.
(9)
All detention basins and facilities located within the AH7 Zone
shall comply with all applicable regulations under the Flood Hazard
Control Act, N.J.S.A. 58:16A-50 et seq., and the New Jersey Stormwater
Management Act, N.J.S.A. 7:8 et seq. If any wetlands areas are utilized
for stormwater management, the regulations of the New Jersey Department
of Environmental Protection shall apply, and any inconsistent provisions
of the applicable Wall Township ordinances shall be waived. Trees,
shrubs and other vegetation may be planted on the slopes or banks
of detention basins or facilities constructed in fill, provided the
landscaping is attractively maintained. All detention and retention
basins with permanent dry-weather pools of water shall have a water
depth to minimize propagation of mosquitoes and provided with mechanical
aeration for water quality.
(10)
All proposed restrictive covenants, articles of incorporation
or other documents related to the creation of a homeowners' association,
trust documents or other deed or documents to provide for ownership,
and maintenance of common property and facilities shall be submitted
to the Township for review by the Planning Board and Township Attorney
prior to final resolution compliance.
(11)
In any case where the maintenance or repair of any wall, fence
or other improvement by its owner or his or her agent would require
entry upon the adjacent property, an appropriate easement or right-of-way
shall be created in favor of the subject owner. All such easements
shall be detailed in specifications as to the required notice and
any limitations upon the right of entry shall provide a specific means
of arbitration in the event of disputes.
(13)
Performance guarantee. In the AH7 Zone, the provisions of § 140-92 with respect to performance guarantees shall apply.
(14)
Maintenance guarantee. In the AH7 Zone, the provisions of § 140-93 with respect to maintenance guarantees shall apply.
(15)
Sales trailers, sales offices, model homes, and construction
trailers may receive a TCO if serviced by temporary utilities.
(16)
Homes may receive a CO in the event there is no connection to
central sewerage facilities so long as the sewerage is lawfully pumped
and hauled to a sewerage treatment facility.
I.
Affordable housing requirements. The restrictions and standards applicable to inclusionary housing of low- and moderate-income persons and families are set forth in Article XLII of the Land Use and Development Regulations.
(1)
The affordable housing set-aside shall be 68 units.
(2)
No less than 50% of the affordable units shall be for sale.
(3)
The affordable units shall comply with all applicable provisions
of the substantive and procedural rules and regulations as set forth
by the New Jersey (Department of Community Affairs) Council on Affordable
Housing at N.J.A.C. 5:91, 5:92, and 5:93 et seq. In addition, affordable
housing units in this district shall comply with the Uniform Affordability
Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., except as modified
by the developer's agreement.
(4)
The affordable units shall be subject to the affordability controls
of at least 30 years and affordable deed restriction as provided for
by UHAC, and the affordability controls shall remain until the Township,
in its sole discretion, takes action to release the unit from such
requirements pursuant to the requirements of N.J.A.C. 5:80-26.10.
(5)
The residents of the affordable units shall have full and equal
access to all of the amenities, common areas, and recreation areas
and facilities as the market units.
J.
Design requirements. Development in the AH7 Zone shall conform to
the design guidelines in Part 5 of the Land Use and Development Regulations
in addition to the following supplemental guidelines:
(1)
Existing tree locations shall be determined using average wooded
acre. Average wooded acre shall be defined as a selective inventory
by size and species, of all trees having a DBH of eight inches or
greater within the proposed limit of disturbance. The selective inventory
shall be conducted using a minimum of one-half-acre plots (100 feet
by 100 feet) which shall be staked or visibly marked to allow for
inspection. The location of the inventory plots shall be determined
by the applicant, subject to approval, by using a grid overlay drawn
to the same scale as the site plan submitted with the application.
A representative 5% of the wooded areas proposed to be cleared shall
be inventoried.
(2)
The minimum open space shall be 20% and may include wetlands,
wetland buffers, conservation easements, stormwater basin areas, 100-year
floodplain to meet this requirement.
(3)
Building architecture. Development shall comply with the following
standards:
(a)
The front facade of any primary residential structure shall
provide varied building elevations and design through a combination
of varied materials and colors.
(b)
Primary elements of traditional architectural styles with pitched
roofs with a minimum slope of 5/12.
[1]
When buildings are greater than 9,000 square feet, and where
a fully pitched roof throughout would not be practical, a sloped perimeter
roof with a slope of 5/12 or greater shall be permitted in coordination
with a flat roof, provided that the appearance is that of a full roof.
The primary roofing materials shall be dimensional shingles.
(c)
All buildings shall provide architectural elements such as wall
articulations and roofline variations.
(d)
All accessory buildings and structures shall be treated architecturally
to complement the residential buildings.
(e)
Ordinance § 140-252A(2)(c), A(3)(c), A(3)(e), B(1), and B(2)(a) through (e) shall not apply. Ordinance § 140-252A(1)(f) and ordinance § 140-252A(1)(e) shall not apply, except as provided in the developer's agreement.
(f)
Door openings shall include trim and either recesses or overhangs
to promote a harmonious variety of light and shade on the facade of
the building.
(g)
Colors, materials and finishes shall be coordinated in all exterior
elevations of buildings to achieve continuity of expression. All roof
and wall projections shall be in a color to compliment adjacent surfaces.
(h)
Exterior materials shall include variety of texture, color,
and trim to prevent large undifferentiated facades of the same material.
K.
Miscellaneous provisions. Ordinance §§ 140-83C, 140-254B and D, and 140-260C shall not apply. Ordinance § 140-255A and B shall not apply, but shall be substituted with the following: if topsoil is removed from the site, enough topsoil shall remain on-site so that no new topsoil shall be brought onto the site to complete the development.
L.
Waivers or modifications of standards and requirements. The approving authority may grant waivers or modifications of any improvement requirements or standards of this section or Part 4 of the Land Use and Development Regulations if appropriate and warranted by the facts and circumstances of each particular development, including, but not limited to, whether what is proposed conforms to RSIS. The resolution of approval shall specifically state the reasons for any such waivers or modifications.
M.
In the event of any conflict between the provisions and requirements
of this section and the provisions and requirements of any other section
of this chapter, the provisions and requirements of this section shall
govern.
[Added 6-22-2021 by Ord.
No. 12-2021]
A.
Purpose. The purpose of this AH8 Zone is to allow for an age-restricted
multifamily project that partially addresses the Township's affordable
housing obligation by allowing a 100% affordable, noninclusionary
development of no less than 150 rental apartments and accessory uses
described herein. For the purposes of this zone, "age-restricted"
means a housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that at least 80% of the units are occupied by at least one person
that is 55 years or older and complies with requirements of Section
807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
B.
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract, containing the entirety of the age-restricted multifamily development along with all ancillary components. This zone may operate under a technical subdivision provision pursuant to § 140-81 of the Land Use and Development Regulations of the Township of Wall (this "chapter"), which allows the project to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
D.
Permitted accessory uses. Accessory uses may be provided but shall
not be required as a condition of approval:
(1)
Parking areas and electric vehicle charging stations intended
to serve the staff, residents, and guests.
(2)
Interior amenities, including, but not limited to, community
room, wellness and health room(s), library, meeting rooms, lobbies,
laundry areas, mail centers, fitness rooms, and other traditional
ancillary spaces intended to serve the residents.
(3)
Interior accessory spaces, including, but not limited to, management
and leasing offices, maintenance areas, and other traditional ancillary
spaces intended to serve the management and operations of the development.
(4)
Exterior amenities and recreational facilities and structures,
including, but not limited to, open space, gathering space, bicycle
parking, benches and walkways intended to serve the residents.
(5)
Patios, balconies, and porches intended to serve the residents.
(6)
Community garden, greenhouse, and garden shed intended to serve
the residents.
(7)
Private and public utility structures, including standby generators
intended to serve the building.
(8)
Trash and recycling enclosures intended to serve the building.
(9)
Signage. Permitted signage shall be as follows:
(a)
One ground sign shall be permitted such that the maximum sign
area not exceed 50 square feet, the sign be set back at least five
feet from the front, side and rear property lines, and the sign not
exceed a height of seven feet above grade. Such sign may be illuminated
with ground lights that otherwise comply with the Township's lighting
and glare ordinances.
(b)
Nonilluminated on-site informational/directional signs, provided
that each sign is limited to a window, facade or ground-mounted sign
of not more than two square feet in area and not more than seven feet
in height above grade.
[1]
In addition, one on-site informational/directional sign may
be up to nine square feet, not to exceed seven feet in height.
(10)
Stormwater management facilities.
(11)
Fences and walls.
(a)
If retaining walls are proposed, no single wall may exceed six
feet in height. Tiered walls may be proposed, provided that no single
tier exceeds five feet, and no more than three tiers may be proposed,
and where a minimum of 10 feet horizontal is provided between tiers.
(b)
Retaining walls shall be constructed of durable masonry materials
that complement the site design and building architecture. Timber
retaining walls shall not be permitted.
(12)
Utility shed for equipment storage.
(13)
Temporary construction trailers, per § 140-164A(5).
(15)
Accessory uses customarily incidental to a permitted principal
use as approved by the Township Zoning Officer, provided they are
in conformance with all Township ordinances.
E.
Compliance with site plan standards, subdivision standards and regulations.
Unless provided to the contrary herein, applications for development
in this zone shall follow and be subject to the applicable procedures,
regulations, standards and guidelines required for preliminary and
final site plan and/or subdivision review of this chapter and other
applicable ordinances which are incorporated herein by reference.
F.
Maximum regulations. Development in the zone shall be subject to
the following maximum regulations:
(1)
Density. The gross density of the overall tract shall be no
more than 160 affordable units and one caretaker/management unit.
(2)
Impervious surfaces. The maximum total impervious surface shall
not exceed 45% of the developable area of the tract.
(3)
Building coverage. The maximum total lot coverage by buildings
shall be 20% of the total area of the tract.
(4)
Principal building length. The maximum principal building length
for multifamily buildings shall be 350 feet. Where two walls intersect
at an angle greater than 90°, the maximum building length shall
be determined as the sum of both individual wall lengths.
(6)
Bedroom distribution. Age-restricted multifamily units shall have either one or two bedrooms and shall comply with § 140-291 of the Code of the Township of Wall.
(7)
Accessory buildings shall be harmonious in color and style to
the principal structure and shall be permitted as follows:
G.
Minimum regulations. Development in the zone shall be subject to
the following minimum regulations:
(1)
Overall tract requirements for age-restricted multifamily developments:
(b)
Minimum principal building front yard setback: 100 feet.
(c)
Minimum building setback from parking, parking aisles, or internal
circulation roadways: 15 feet.
(d)
Minimum building setback from internal lot lines: Zero feet.
(e)
Accessory buildings shall not be permitted within the front
yard area and shall have a minimum rear and side yard setback of 50
feet.
(2)
Minimum recreational facilities shall be as follows:
H.
Buffer and landscape areas. Development in the zone shall not be subject to buffer, landscaping and screening requirements of § 140-212 of this chapter, and the following buffer, landscaping and screening standards shall apply:
(1)
Buffer location. Except as otherwise permitted by the approving authority, where the overall tract abuts an existing single-family detached residential use or zone, a landscaped buffer strip at least 15 feet in width shall be permanently maintained along the property line abutting such zone or use. Where the overall tract abuts a nonresidential zone or a property zoned for multifamily or townhome development uses, a landscaped buffer strip at least five feet in width shall be established and permanently maintained along the property line abutting such zone or use. Existing vegetation may serve as the landscaped buffer strip, provided compliance with Subsection H(2), below, is met.
(2)
Buffer areas shall consist of lawn area and massed evergreen
and deciduous trees and shrubs planted in such a manner that will
provide a continuous visual screen throughout the entire year within
a period of two full growing seasons following the planting of the
buffer. Evergreen coniferous trees shall have a minimum height of
six feet when planted. Deciduous trees shall have a minimum caliper
of 2 1/2 inches when planted. All plant material shall conform
to the current American Standard for Nursery Stock sponsored by the
American Association of Nurseryman, Inc.
(3)
Use of buffer areas. Required buffers shall be used for no other
purpose than as a buffer and as a part of the required open space
of the tract. The only structures which may be erected within a buffer
area are fences and retaining walls, except that walkways and ingress
or egress driveways may be permitted within the required buffer in
areas within 15 feet of a front property line. Buffers shall not be
required in any required sight triangle.
(4)
Wooded areas. Where an area required for a buffer is already
wooded, it may be left in its natural state to create the buffer,
and the existing growth shall be supplemented with additional plant
material where necessary as required by the approving authority.
(5)
All mechanical equipment, trash enclosures, and related accessory
structures shall be screened from public view.
(6)
Development in the zone shall not be subject to landscaping and landscape design requirements of Article XXXVII or § 140-278 of this chapter, and should instead apply the following landscape standards:
(a)
A landscaping plan prepared by a licensed landscape architect
(LLA) licensed in the State of New Jersey. The plan shall be prepared
with the following design principles in mind:
[1]
An overall recurring pattern of plant groupings and material
shall be provided throughout the site, integrating the various elements
of site design to create pleasing and identifiable site characteristics.
[2]
Landscaping shall include a plant palette consisting of deciduous
and evergreen trees, shrubs, ground cover, perennials and annuals.
[3]
The use of native, salt-tolerant, deer-resistant material is
encouraged. Monocultures of material will not be accepted.
[4]
Where existing natural growth is proposed to remain, the plans
shall include methods, notes and details to protect existing trees
and growth during and after construction.
[5]
Plant species variety shall be selected with consideration given
to different colors, textures, shapes, blossoms and foliage and should
provide a four-season interest.
[6]
Landscaping shall be provided in public areas and adjacent to
buildings to screen parking areas, mitigate adverse impacts, and provide
windbreaks for winter winds and summer cooling for buildings, streets
and parking.
[7]
Plant selection shall be based upon the premise to provide material
that will best serve the intended function and use as well as to provide
materials appropriate for local soil conditions, water conservation
and the environment.
[8]
The type and amount of plant material shall be varied throughout
the development with accent given to site entrances. Consider massing
trees at critical points.
[9]
Consideration shall be given as to the choice and location of
plant materials in order to screen or create views, to define boundaries
between private and common open space, to minimize noise, to articulate
outdoor spaces and define circulation systems.
[10]
All proposed material shall be drawn to scale
to reflect a fifteen-year to twenty-year growth. Planting schedules
showing common and botanical names, installed and mature sizes and
horticultural interest shall be provided along with applicable installation
notes and details.
[11]
Landscaping shall be provided as part of a site
plan. It shall be conceived in a total pattern throughout the site,
integrating the various elements of site design, preserving and enhancing
the particular identity of the site, and creating a pleasing site
character.
[12]
All trees shall be guaranteed for a minimum of
two years from the time of planting by the applicant against death
and disease.
[13]
Planting specification. Deciduous trees shall
be at least two inches caliper at planting and should be balled and
burlapped. Size of evergreens should be four feet tall (except in
required buffers) and shrubs two feet tall at planting but may be
allowed to vary depending on setting and type of shrub. Only nursery-grown
plant materials shall be acceptable, and trees, shrubs, and ground
cover shall be planted according to accepted horticultural standards.
Dead and dying plants shall be replaced during the following planting
season.
I.
Other regulations. Developments in the zone shall be subject to the
following regulations, requirements, and standards:
(1)
All new utilities shall be installed underground.
(2)
All dwelling units shall be served by public water and sanitary
sewer systems.
(3)
Garbage refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with Article XXXV of the Land Use and Development Regulations.
(4)
New Jersey Residential Site Improvement Standards at N.J.A.C.
5:21 (RSIS) shall govern all design requirements for this zone, including,
but not limited to, parking, roadways, and pavement, and shall take
precedence over anything to the contrary contained in the Land Use
and Development Regulations.
(5)
Parking.
(a)
Parking shall be pursuant to RSIS.
(b)
Parking stalls shall be a minimum of nine feet by 18 feet, including
overhang areas. Handicapped parking stalls shall be provided in accordance
with the Americans with Disabilities Act.
(d)
Back-up areas with a minimum depth of five feet shall be provided
in all parking lots where there are dead ends.
(6)
Slopes. Proposed slopes shall be no greater than 3:1. Existing
slopes that are greater than 3:1 shall be permitted to remain, provided
they remain undisturbed.
(7)
Section 140-252, Building design requirements, of this chapter shall be replaced with the following requirements for this zone:
(a)
All buildings shall be located with proper consideration of
their orientation and relationship to other buildings, both existing
and proposed in terms of light, air and usable open space, access
to public right-of-way and off-street parking; height and bulk; drainage
and existing topography; trees and vegetation; and other natural features
and land forms.
(b)
Development shall be designed to provide protection of the development
from potentially adverse surrounding influence, and protection of
surrounding areas from potentially adverse influence within the development.
(c)
Elevators, vestibules and corridors of new buildings shall be
designed so as to accommodate the gurneys used by the Township Emergency
Services Department and the Township's volunteer first-aid squads.
(d)
New building construction shall be required to incorporate any
communications equipment necessary to insure the proper operation
of the mobile communications equipment utilized by the Police Department,
such as satellite receivers or frequency enhancers, as determined
by the Chief of Police or his designate.
(e)
Exterior appearance and treatment.
[1]
All major entrances to buildings shall be properly identified
with architectural elements such as recessed entranceways, projected
overhangs, and porticoes.
[2]
Window and door openings shall include appropriate trim and
either recesses or overhangs to promote a harmonious variety of light
and shade on the facade of the building.
[3]
Appurtenances, such as, but not limited to, tanks, condenser
units and other equipment, shall be fully screened from view.
[4]
All roof planes or caps meeting the exterior facade shall have
overhangs or appropriate cornice and trim details.
[5]
Buildings shall be designed to be attractive from all vantage
points, including fences, storage areas and rear entrances.
[6]
Colors, materials and finishes shall be coordinated in all exterior
elevations of buildings to achieve continuity of expression.
[7]
Exterior materials shall include appropriate texture and trim
to prevent large undifferentiated facades of the same material.
[8]
Buildings shall be designed to avoid long straight, unbroken,
and uninterrupted lines.
[9]
The entrance and exit access drives shall be combined in one
location, if possible, and the entrance and exit approaches shall
be separated by a decorative, landscaped island that shall be planted
with year-round and seasonal plantings to enhance the appearance of
the property's frontage.
[10]
All buildings shall provide architectural elements
such as wall articulations and roofline variations. Box-like building
shapes that offer minimal articulation of the walls and roofline shall
be prohibited.
[11]
Facades shall be articulated with horizontal divisions
to reflect the traditional building elements of cap, wall and base.
The cap shall feature either pitched roofs or articulated cornices
and a change of color and material. The wall may include a horizontal
division for the top of the ground story. Architectural divisions
shall have sufficient reveal to promote shadows on the facade of the
building.
[12]
Primary building materials shall feature earth-tone
colors. For the purposes of this chapter, earth-tone colors are defined
as colors that draw from a palette of muted or weathered colors in
an emulation of the predominant natural coloration of brown and gray
soils, tree bark, leafy vegetation and rocks. The preferred earth
tones on buildings shall be tans, beiges, sands, browns, warm grays,
and soft greens. In addition, creams, pale peach, pale yellows, soft
blues, cool grays, white, off-whites, and soft red colors are also
acceptable. Accent colors may be used, provided that they appear as
secondary visual elements to the primary materials. Bold, disjointed
or recognizable color combinations or color patterns that form a corporate
or commercial identity or logo shall be considered a sign for the
purposes of this section and shall be prohibited.
[13]
Retaining walls shall be constructed of durable
masonry materials that complement the site design and building architecture.
(f)
Lighting. Development in the zone shall not be subject to lighting requirements of Article XXXVIII or § 140-213 of this chapter and should, instead, apply the following lighting standards:
[1]
All outdoor lighting shall be aimed, located, designed, fitted
and maintained so as not to present a disabling glare hazard to drivers
or a nuisance to neighboring properties.
[2]
Shoebox-type lighting fixtures shall be used.
[3]
Building-mounted directional fixtures, such as floodlights and
spotlights, may be permitted, provided they do not present a disabling
glare hazard to drivers or a nuisance to neighboring properties.
[4]
Glare shall be controlled through the use of sharp cutoff fixtures,
the appropriate application of mounting height, wattage, aiming, fixture
placement, and fixture design, etc., and the addition of shields and
baffles as necessary.
[5]
LED lighting shall not exceed 3,500 degrees Kelvin.
J.
Certificates of occupancy.
(1)
Temporary certificates of occupancy can be issued for portions
of the building, including residential dwelling units in a phase,
such that portions of one phase can be inhabited, provided the Construction
Official has determined compliance with all applicable UCC codes,
and the Township Engineer has, where applicable, certified to the
following:
(a)
Utilities and drainage. Utilities, including, but not limited
to, water, gas, storm drains, sanitary sewers, electric lines and
telephone lines shall have been properly installed, and service to
the lot, building or use from such utilities shall be available.
(b)
Circulation and parking. All access and parking areas necessary
to provide access to the building or use in question shall have been
graded and all slope-retaining devices or slope planting shall have
been installed. Bituminous base course paving and curbing has been
properly installed and the number of parking spaces necessary for
the units ready for occupancy are completed. Any necessary traffic
control or signage required for safety has been installed.
(c)
Sidewalks. All required sidewalks necessary to provide access
to building or use in question shall have been properly installed.
(d)
Site grading. All site grading necessary to permit proper surface
drainage and prevent erosion of soils shall have been completed in
accordance with the approved soil disturbance plans.
(e)
Public water supply. Where the proposed lot, building or use
is served by a public water supply, said supply shall have been installed
and tested and all required fire hydrants or fire connections shall
have been installed and tested and approved.
(2)
Certificates of occupancy shall be issued to allow the project
to be developed in multiple construction phases, including issuance
of temporary certificates of occupancy for portions of a phase.
K.
Affordable housing development requirements.
(1)
Waiver of cost-generative measures pursuant to N.J.A.C. 5:93-10.1
et seq. In order to permit the intended, agreed upon development of
the property, the Township agrees to abide by the COAH regulations
against cost-generative measures as set forth at N.J.A.C. 5:93-10.1(b).
Specifically:
(a)
Any development within the zone shall be exempt from the following provisions of this chapter: §§ 140-85 through 140-90 (Off-Tract Improvements), Article XXXVII, including, but not limited to, §§ 140-256 and 140-257 (steep slopes and stream corridors), § 140-116 (natural features). A limited EIS shall be acceptable for compliance with § 140-74 as it relates to the provision of an environmental impact statement as part the application checklists, within the Township Code.
(b)
Any development within the zone shall not be required to submit
a tree survey, comply with any tree replacement requirements nor any
payments in lieu of tree replacement requirements. However, limits
of tree clearing shall be shown.
(c)
Any development within the zone shall be subject to the provisions
of N.J.A.C. 5:93-10.1 and 5:93-10.2 which set forth limitations on
application requirements and provide a standard of review for the
Planning Board for necessary variances or deviations necessary to
accomplish the intent of this district.
(d)
The parties acknowledge and agree that the Township's waiver
of otherwise applicable development regulations serves as financial
assistance to an affordable housing development that is reimbursable
to the Township from the Township's Affordable Housing Spending Plan.
(2)
Article XLII of this chapter shall not apply if the project qualifies for and receives federal low-income housing tax credits. Pursuant to N.J.A.C. 5:80-26.1 ("UHAC"), UHAC does not apply to units qualifying for the federal low-income housing tax credit under Section 42 of the Internal Revenue Code. However, the affordable rental units shall comply with Subsection K(2)(a) through (d), below, as applicable. In addition, the affordable rental units shall have an affordability average as defined in UHAC, which is no more than 52% of median income.
(a)
All affordable units shall be subject to deed restrictions on
income limits for a period of not less than 30 years from the date
that a certificate of occupancy issued for each of the affordable
units. If this project is financed with low-income housing tax credits,
then the HMFA required deed restriction shall be provided.
(b)
The affordable dwelling units shall be split between moderate-income
units and low-income units. Pursuant to N.J.S.A. 52:27D-329.1, no
less than 13% of the affordable housing units of each bedroom type
shall be reserved as very-low-income housing units, as such term is
defined in N.J.S.A. 52:27D-304 and the UHAC. No less than 37% of the
affordable housing units of each bedroom type shall be available as
low-income housing units and no less than 50% of the affordable housing
units shall be available as moderate-income housing units, as such
terms are defined in N.J.S.A. 52:27D-304 and the UHAC.
(c)
In the event that an equal split of the affordable dwelling
units between low- and moderate-income units results in a fraction
of a unit, the additional unit shall be reserved for low-income households.
(d)
All affordable units shall be subject to the bedroom distribution
required by the UHAC, N.J.A.C. 5:80-26.3, or any successor regulation.
All new construction affordable housing units shall be adaptable in
conformance with N.J.S.A. 52:27D-311a through 52:27D-311b, P.L. 2005,
c. 350, and all other applicable laws. All affordable units will be
administered by a qualified administrative agent, which could be the
Township's administrative agent.
[Added 6-22-2021 by Ord.
No. 13-2021]
A.
Purpose. The purpose of this zone is to provide vehicular and pedestrian access only to Block 930, Lots 18 and 19, for existing and proposed permitted uses within the OR-10 and AH7 Zones only as set forth within the Township of Wall Land Use and Development Regulations, Chapter 140.
B.
Applicability. The OR-10/AH7 Overlay Zone shall be applied only to
those portions of Block 930, Lots 18 and 19, as set forth on the legal
description of an access easement situate on Lot 18, Block 930, Township
of Wall, Monmouth County, New Jersey, the legal description of an
access easement situate on Lot 19, Block 930, Township of Wall, Monmouth
County, New Jersey, and 11/17/09 Errol Melinick, PLS, Access Easements
Map attached hereto as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Township offices.
[Added 7-26-2023 by Ord. No. 10-2023]
A.
Purpose. The purpose of this zone is to ensure the construction of
a mixed-use development with an inclusionary housing component with
a maximum of 350 residential units, consisting of 278 market rate
units and 72 family affordable rental units, which will be a mix of
very-low-, low-, and moderate-income units that partially addresses
the Township's affordable housing obligation, together with commercial
and retail uses.
B.
AUTOMOBILE SALES
AUTOMOBILE SERVICE STATION
CONVENIENCE STORE
CURBSIDE PICKUP ESTABLISHMENT
DRIVE-THROUGH ESTABLISHMENT
EDUCATIONAL SERVICE CENTER
FINANCIAL INSTITUTION
FITNESS/HEALTH CLUB
MIXED USE DEVELOPMENT
MOBILE PICKUP WINDOW ESTABLISHMENT
OFFICE, PROFESSIONAL
PERSONAL SERVICE
PHARMACY
RESTAURANT ESTABLISHMENT
RESTAURANT, FAST-CASUAL
RESTAURANT, FAST-FOOD
RESTAURANT, SIT-DOWN
RETAIL, BULK
RETAIL, FOOD
RETAIL, GENERAL
STACKED TOWNHOUSE
STANDARD TOWNHOUSE
UTILITIES
Definitions. The following definitions shall apply to this section. Article III, "Definitions and Word Usage," of the Wall Township Land Use and Development Regulations shall apply for any words not specifically defined in this section.
An establishment used for the display, sale, rental, or lease
of new or used automobiles, trucks, vans, trailers, boats, or recreational
vehicles.
An establishment used for the retail dispensing or sales
of vehicular fuels; servicing or repair of automobiles; or the sale
and installation of lubricants, tires, batteries, and similar vehicle
accessories.
A retail establishment of no more than 2,500 square feet
where prepackaged foods, magazines and newspapers, cigarettes, dairy
products, and/or similar foods and items are sold for on-site consumption
or use elsewhere, including those establishments where, as a secondary
use of the premises, prepared foods (e.g., meats, cheeses, salads,
etc.) are sold over the counter in sandwiches or are packaged to take
out.
Subject to the supplemental regulations contained herein,
a retail establishment or restaurant establishment where previously
ordered and purchased items are provided, dispensed and/or served:
1) to customers through a walk-up curbside pickup window; or 2) to
customers who remain in their automobiles in a designated area or
parking spaces near the establishment.
Subject to the supplemental regulations contained herein,
a retail establishment or restaurant establishment that takes customer
orders at a designated on-site ordering and payment window(s), and
dispenses those products to patrons who remain in their automobiles
through a designated on-site window(s).
An establishment that provides services delivered by teachers
or instructors that explain, tell, demonstrate, supervise, and direct
learning, provided that no educational service center exceeds a maximum
of 15 students at any one time.
Any trust company, savings bank, industrial bank, savings
and loan association, building and loan association, commercial bank,
credit union, federal association, investment company, or other business
association, which is chartered under federal or state law, solicits,
receives, or accepts money or its equivalent on deposit and loans
money as a regular business. This use shall not include a check cashing
or pawn shop facility.
A facility such as a fitness center, gymnasium, health or
athletic club, which provides yoga, training and/or equipment for
aerobic exercise, running and jogging, game courts, and/or similar
activities.
A structure containing permitted nonresidential uses on the
first floor and multifamily dwellings on the upper floors. The structure
may contain parking on the same level as and/or below the permitted
nonresidential uses on the first floor.
Subject to the supplemental regulations contained herein,
a retail establishment or restaurant establishment where previously
ordered and purchased items are provided, dispensed and/or served
to customers who remain in their automobiles through a mobile pickup
window. All ordering and payments shall occur in advance of the items
being picked up.
Professional or government offices including: accounting,
auditing and bookkeeping services; advertising agencies; architectural,
engineering, planning, and surveying services; attorneys; dental,
physical therapy, and medical services; counseling services; court
reporting services; data processing and computer services; detective
agencies and similar services; educational, scientific, and research
organizations; employment, stenographic, secretarial, and word processing
services; government offices including agency and administrative office
facilities; management, public relations, and consulting services;
photography and commercial art studios; writers and artists offices
outside the home. Does not include offices that are incidental and
accessory to another business or sales activity that is the principal
use. Incidental offices that are customarily accessory to another
use are allowed as part of an approved principal use.
Establishments primarily engaged in providing nonmedically
related services involving the care of a person or is or her personal
goods or apparel. These uses may also include accessory retail sales
of products related to the services provided. Automobile service stations
are not considered personal service.
A retail establishment of no more than 2,500 square feet
without a drive-through facility engaged in the sale of prescription
drugs and medicines, nonprescription medicines, cosmetics, grocery
and household items, and other goods for personal use and consumption.
Ancillary medical services including but not limited to flushot, vaccines
and other similar treatments may be administered. A walk-in or appointment-based
clinic shall be permitted as accessory use to a pharmacy not to include
a methadone clinic or similar facility.
An establishment that includes sit-down and fast-casual restaurants,
and excludes fast food.
A restaurant with a limited menu, limited service, or self-service
format, whose food is made to order and is fresher and higher quality
and has more complex flavors than fast-food restaurants, and whose
decor is more upscale, unique, or highly developed.
Restaurants whose emphasis is on convenience and speed of
service, that are generally part of a restaurant chain or franchise,
and that provide a limited menu and minimal table or fast counter
service, and whose meals are typically inexpensive and made from standardized
ingredients that are partially or fully cooked in bulk in advance
and kept hot and then finished and packaged to order.
An establishment where food and beverage are served to the
public on demand from a menu during stated business hours, served
in and on reusable containers and dinnerware, to be consumed on the
premises primarily inside and/or outside the building at tables, booths,
or counters, with chairs, benches, or stools.
A retail establishment engaged in selling goods or merchandise
to the general public as well as to other retailers, contractors,
or businesses, and rendering services incidental to the sale of such
goods. Bulk retail involves a high volume of sales of related and/or
unrelated products in a warehouse setting and may include membership
warehouse clubs (i.e., "big box" retail). Bulk retail is differentiated
from general retail by any of the following characteristics: items
for sale include large, categorized products (e.g., lumber, appliances,
household furnishings, electrical and heating fixtures and supplies,
wholesale, and retail nursery stock, etc.) and may also include a
variety of carryout goods (e.g., groceries, household, and personal
care products).
A retail establishment within a permanent structure selling
food or beverages for consumption off-premises either immediately
or with further preparation. Such establishments may include, but
not be limited to, supermarket, grocery store, bakery, candy store,
butcher, ice cream store, coffee store, delicatessen, and similar
establishments.
A retail establishment within a permanent structure that
provides goods directly to the consumer, where such goods are available
for immediate purchase and removal from the premises by the purchaser.
Pharmacies shall not be considered retail establishments.
A stacked townhouse shall be defined as a structure with
a maximum of 16 units per building containing two or more connected
dwelling units stacked one dwelling unit above another that share
the same footprint, which can include shared floors divided by walls
and shared common party walls, with private entrances to each unit
that may have a shared/covered vestibule.
A multifamily residential building containing three or more
dwellings characterized by a linear arrangement of the units along
one axis, each with its own exclusive entrance and each with two or
more floor levels above grade, with a maximum of eight units per building.
All lines and facilities related to the provision, distribution,
collection, transmission, or disposal of water, storm and sanitary
sewage, oil, gas, power, information, telecommunication and telephone
cable.
C.
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract. This zone may operate under a technical subdivision provision pursuant to § 140-81 of the Land Use and Development Regulations of the Township of Wall (this "chapter"), which allows the project to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
D.
Permitted principal uses. All uses not specifically listed as being
permitted are hereby prohibited.
(1)
Townhouses, multifamily and mixed-use development of no more
than 350 residential units, consisting of 278 market rate units and
72 family affordable rental units.
(2)
Nonresidential uses permitted as part of the mixed-use development
provided a minimum of 72 family affordable rental units are approved
as part of the site plan approval. A maximum of four pad sites are
permitted.
(a)
General retail.
(b)
Food retail.
(c)
Personal services.
(d)
Office, professional.
(e)
Sit-down restaurants.
(f)
Fast-casual restaurants.
(g)
Child-care centers.
(h)
Fitness/health clubs.
(i)
Educational service centers.
(j)
Financial institution.
(k)
A maximum of one convenience store without an automobile service
station not to exceed 2,500 square feet.
(l)
A maximum of one pharmacy without a drive-through not to exceed
2,500 square feet.
(m)
Drive-through, mobile pickup window, and curbside pickup establishments,
in accordance with the supplemental requirements below.
E.
Supplemental requirements for drive-through, curbside pickup, and
mobile pickup window establishments:
(1)
A maximum of one drive-through establishment provided the following
requirements are met:
(a)
The establishment is a fast-casual or sit-down restaurant, food
retail, general retail establishment, or financial institution.
(b)
The GFA of the establishment does not exceed 5,000 square feet
excluding the drive-through lane, canopy and/or portico.
(c)
A maximum of one ordering station is permitted.
(d)
A maximum of one pickup window is permitted.
(e)
A bypass/escape lane shall be provided.
(f)
The drive-through aisle length shall be able to stack a minimum
of four standard length vehicles and which has a minimum stacking
length of 75 feet from the first window on approach.
(g)
The drive-through aisle width shall be a minimum width of 12
feet.
(h)
The drive-through aisle shall not directly block parking spaces,
loading zones, pedestrian building entries or refuse areas.
(2)
A maximum of two mobile pickup window establishments provided
the following requirements are met:
(a)
The establishment is a fast-casual or sit-down restaurant, food
retail, general retail establishment, or financial institution.
(b)
The GFA of the establishment does not exceed 5,000 square feet
excluding the drive-through lane, canopy and/or portico.
(c)
Ordering window or station and outside speaker system is prohibited.
(3)
There shall be no limit to the number of curbside pickup establishments
for any of the following uses: fast-casual or sit down restaurant,
general retail, food retail establishment provided no more than 10%
of the nonresidential parking spaces are designated for curbside pickup
and in accordance with Planning Board approval.
F.
Permitted accessory uses.
(1)
Common parking, pedestrian, biking, and driveway areas.
(2)
Common private recreational and open space facilities.
(3)
Patios, balconies, and decks.
(4)
Common trash receptacles and compactors.
(5)
Signs.
(6)
Construction trailers, the location to be shown on the approved
site plan, which shall be removed 30 days after the final dwelling
unit receives a final certificate of occupancy.
(7)
Utility installations that are otherwise in compliance with Chapter 140, Land Use and Development Regulations.
(8)
Cart corrals.
(9)
Electric vehicle supply/service equipment as required pursuant
to N.J.S.A. 40:55d-1 et seq.
(10)
One sales and leasing office in a location within one of the
mixed-use buildings.
(11)
Maintenance facilities within an enclosed structure.
(12)
Common storage facilities within an enclosed structure. Separate
and individual storage buildings to service a single residential unit
shall not be permitted.
(13)
Fences and retaining walls and stormwater facilities.
(14)
Parking structure.
(15)
Such other uses and structures that are customary and incidental
to the principal use as permitted by the Planning Board and shown
on the approved site plan.
G.
Minimum requirements.
(1)
Minimum affordable units: 72 dwelling units shall be designated
as family affordable units within the multifamily buildings (and not
in the mixed-use buildings).
(2)
Minimum market rate units: 278 dwelling units shall be permitted.
(3)
Lot standards and setbacks:
(a)
Minimum lot width: 100 feet.
(b)
Minimum lot frontage: 100 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback (principal): 50 feet.
(e)
Minimum side yard setback (principal): 20 feet.
(f)
Minimum rear yard setback (principal): 25 feet.
(g)
Minimum building setback from internal lot lines: zero feet.
(h)
Minimum building setback from parking lots, parking aisles,
or internal circulation roadways: 10 feet.
(4)
All accessory buildings and structures shall meet the principal
building setback and coverage requirements for the zone, unless otherwise
set forth in this section.
(5)
Storage space. No dwelling unit shall contain less than 250
cubic feet of private storage space, which shall be in addition to
bedroom closet space provided within the unit, and which may be within
either attics, garages, basements, parking structures, or a separate
enclosed common storage building.
(6)
Minimum open space and recreation areas.
(a)
The applicant shall provide recreational amenities for on-site
residents, including:
[1]
A recreation building or clubhouse or internal recreation/fitness
space with a minimum size of 5,000 square feet;
[2]
Bicycle parking;
[3]
Lawn area of 2,000 square feet;
[4]
Walking/fitness path; and
[5]
Three or more of the following facilities:
[a]
Swimming pool of a minimum size of 1,800 square
feet (For the purposes of this subsection, a swimming pool shall count
as two facilities);
[b]
Picnic/barbecue area(s);
[c]
Boccie court;
[d]
Pickleball court;
[e]
Tot lot/play area;
[f]
Tennis court;
[g]
Basketball court;
[h]
Community garden;
[i]
Exercise area;
[j]
Off-leash dog area; and
[k]
Other related recreational amenities as approved
by the Board.
H.
Maximum requirements.
(1)
Maximum density: 350 dwelling units on Block 945, Lot 11 alone
and/or together with Block 945, Lots 12 and/or 19.
(2)
Maximum height: Building height shall be measured as set forth in § 140-17, except that height in this zone shall be measured from the average proposed finished grade of the front of the building and without the use of retaining wall of each building to the midpoint of the roof:
(3)
Maximum number of stories (which shall be in addition to any
proposed structured parking):
(4)
Maximum building coverage of entire tract: 40%.
(5)
Maximum impervious coverage of entire tract: 65%.
(6)
Maximum number of buildings:
(a)
Nonresidential buildings:
[1]
One 25,000 square foot nonresidential standalone building, which
may include a maximum of 10 nonresidential permitted uses (except
for fast food), provided that no single use shall be less than 2,500
square feet.
[2]
One single-tenant nonresidential building of up to 7,500 square
feet, except for fast food uses.
[3]
One single-tenant nonresidential buildings of up to 5,000 square
feet, with a maximum of one nonresidential permitted use for each
building, except for fast food uses.
(b)
Two mixed-use buildings with a first-floor footprint of not
more than 16,500 square feet each.
(c)
Townhouses. No limit on the number of buildings, provided each
building will have no more than eight standard townhouse units or
16 stacked townhouse residential units.
(d)
Multifamily buildings. No limit on the number of buildings,
provided the length of each building does not exceed 170 feet and
each building will have no more than 40 residential units.
I.
Access. All vehicular ingress to and egress from the site whether
temporary or permanent shall be permitted only on Hwy 34.
J.
Buffer and landscape areas. The following landscaping and screening
standards shall apply:
(1)
Buffer location. Where the overall tract abuts a nonresidential zone or a property zoned for multifamily or townhome development uses, a landscaped buffer strip at least 25 feet in width shall be established and permanently maintained along the property line abutting such zone or use. Existing vegetation may serve as the landscaped buffer strip, provided compliance with Subsection J(2), below, is met.
(2)
Buffer areas shall consist of lawn area and massed evergreen
and deciduous trees and shrubs planted in such a manner that will
provide a continuous visual screen throughout the entire year within
a period of two full growing seasons following the planting of the
buffer. Evergreen coniferous trees shall have a minimum height of
six feet when planted. Deciduous trees shall have a minimum caliper
of 3 1/2 inches when planted. All plant material shall conform
to the current American Standard for Nursery Stock sponsored by the
American Association of Nurseryman, Inc.
(3)
Utilities, including stormwater pipes only, shall be permitted
within the buffer and setback areas.
(4)
Wooded areas. Where an area required for a buffer is already
wooded, it may be left in its natural state to create the buffer.
(5)
Development in the Zone shall apply the following landscape
standards:
(a)
Landscaping shall be provided as part of a site plan.
(b)
Landscaping shall include a plant palette consisting of deciduous
and evergreen trees, shrubs, and ground cover based upon the premise
to provide material that will best serve the intended function and
use as well as to provide materials appropriate for local soil conditions,
water conservation and the environment.
(c)
The use of native, salt tolerant, deer-resistant material is
encouraged. Monocultures of material will not be accepted.
(d)
Landscaping shall be provided in public areas and adjacent to
buildings, streets and parking.
(e)
The type and amount of plant material shall be varied throughout
the development with accent given to site entrances. Consider massing
trees at critical points.
(f)
All proposed material shall be drawn to scale to reflect a fifteen-year
to twenty-year growth. Planting schedules showing common and botanical
names, installed and mature sizes and horticultural interest shall
be provided along with applicable installation notes and details.
(g)
Planting specification. Deciduous trees shall be at least 3 1/2
inches caliper at planting and should be balled and burlapped. Size
of evergreens should be six feet tall (except in required buffers)
and shrubs two feet tall at planting but may be allowed to vary depending
on setting and type of shrub. Only nursery-grown plant materials shall
be acceptable, and trees, shrubs, and ground cover shall be planted
according to accepted horticultural standards.
(h)
Any development within the Zone shall not be required to submit
a tree survey. However, limits of tree clearing shall be shown as
part of the site plan application.
K.
Parking and loading areas.
(1)
Ordinance §§ 140-214 through 218, § 140-234A(1) and E, and § 140-235 applies with the exception of the standards specifically set forth herein.
(2)
Residential parking shall be installed pursuant to RSIS.
(3)
Nonresidential uses parking shall be installed pursuant to § 140-216A, except that shared parking spaces utilized by more than one user for any nonresidential uses shall be permitted in consolidated shared parking areas without the need for variance relief where the developer is able to supply the Planning Board with a Traffic and Parking Study signed by a licensed Professional Traffic Engineer demonstrating that off-peak uses in accordance with Institute of Transportation Engineer (ITE) data will require a lesser demand for parking than the individual and cumulative total demand provided by the parking requirements in § 140-216A. Individual parking lots for single users shall be discouraged but not prohibited.
(4)
Shared loading spaces shall be permitted. Where multiple uses
are provided within a single building, one loading space shall be
sufficient per building. The loading space shall be a minimum of 12
feet by 30 feet.
L.
Other regulations. Developments in the Zone shall be subject to the
following regulations, requirements, and standards:
(1)
All new on-site utilities shall be installed underground subject
to the approval of other governmental agencies and utility companies.
(2)
All buildings shall be served by public water and sanitary sewer
systems.
(3)
Garbage refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall otherwise comply with §§ 140-250 and 140-251. The developer shall advise at the time of site plan approval whether the garbage refuse and recycling collection for the residences shall be done privately or shall be a Township responsibility.
(4)
New Jersey Residential Site Improvement Standards at N.J.A.C.
5:21 (RSIS) shall govern all residential design requirements for this
Zone, including, but not limited to, parking, roadways, pavement,
and shall take precedence over anything less restrictive contained
in the Land Use and Development Regulations.
(5)
Lighting.
(a)
All areas within the zone shall receive adequate illumination
in accordance with applicable Township Ordinances.
(b)
All exterior lighting shall be full cut off or dark sky compliant
fixtures, except for accent lighting expressly approved by the Planning
Board.
(c)
All light fixtures shall have a correlated color temperature
of between 3,000° to 3,500° Kelvin.
(6)
Signage. Permitted signage shall be as follows:
(a)
Freestanding signs.
[1]
One nonresidential advertising freestanding ground sign shall
be permitted such that the maximum sign area not exceed 75 square
feet, the sign be set back at least 20 feet from the front, side and
rear property lines, and the sign not exceed a height of 20 feet above
grade on Route 34. Such sign may be illuminated with ground lights
that otherwise comply with the Township's lighting and glare
ordinances.
[2]
One freestanding, nonilluminated leasing directory sign of 50
square feet shall be permitted.
(b)
Individual building attached signs: Separate and incidental
building-attached accent or identification signs advertising unique
and distinct services or uses within a building shall be prohibited
except as set forth below:
[1]
Each nonresidential tenant may have one building-attached sign
not to exceed two square feet for each foot of store frontage or 50
square feet in area, whichever is less, exclusive of the aggregate
freestanding sign area permitted. Such signage shall be exclusively
located along the store frontage, being that portion of the store
serving as the primary entryway for customers, and generally facing
the majority of the customer parking spaces.
[2]
In addition to the signs identified in this section, each nonresidential
tenant may have one nonilluminated canopy sign perpendicular to the
building, attached to the underside of the roof overhang projecting
over a sidewalk, and immediately in front of the entrance door, provided
it does not exceed a maximum of two square feet in area, with a minimum
ten-foot under clearance.
[3]
Drive-through and pickup signs.
[a]
In addition to the signs identified in this section,
a permitted drive-through ordering station or a mobile pickup station
may have one decorative identification canopy that includes the business
name sign or business name branding logo sign provided such sign does
not exceed 25 square feet.
[b]
In addition to the signs identified in this section,
a permitted drive-through ordering station may have one pre-order
menu board, no larger than six square feet and seven feet high and
one order menu no larger than 14 square feet and seven feet high.
(c)
Any signs including additional temporary directional, informational,
or identifications signs, as permitted by the Planning Board in connection
with an approved site plan shall be permitted including any temporary
signs, which shall be removed 60 days after the final dwelling unit
receives a final certificate of occupancy.
(7)
Building design. The purpose of these building design standards is to ensure that they promote a desirable visual and spatial environment. Development shall comply with the building design standards of § 140-252, except as amended in this chapter:
(a)
Front-facing facades are facades visible from any public or
publicly accessible right-of-way. Front-facing facades shall be of
primary exterior building materials, such as brick, stone, wood, stucco,
metal, glass, Hardie plank-cement siding or composite materials and
such similar high-quality materials. Front facing facade materials
shall be used in combination of various materials and not proposed
as a single facade material.
(b)
Buildings shall be designed so that all front-facing facades
(i.e., facades visible from any public or publicly accessible right-of-way)
are consistent in their architectural character in terms of materials,
style, colors, and other aesthetic treatments.
(c)
Colors, materials, and architectural features should be coordinated
on all exterior elevations to achieve a continuity, and harmony of
design amongst all buildings.
(d)
All buildings shall provide architectural elements such as wall
articulations and roofline variations. Box-like building shapes and
long monolithic walls with minimal articulation of the walls and rooflines
and no variation in building material are prohibited.
(e)
Where a fully pitched roof throughout would not be practical,
a sloped perimeter roof with a slope of 5/13 or greater shall be permitted
in coordination with a flat roof, provided that the appearance is
that of a full roof. The primary roofing materials shall be standing
seam metal or dimensional shingles.
(f)
Buildings with a pitched roof shall have eaves which overhang
the facade of the building at least 12 inches.
(g)
The stacked townhouse units are permitted to have shared/covered
vestibule(s) provided there are no more than four private entrances
to each vestibule.
(h)
For any restaurant, outdoor dining may be permitted within the
sidewalk area directly in front of or beside the restaurant space.
Outdoor dining shall be subject to the following conditions:
[1]
A minimum effective sidewalk width of five feet shall be maintained.
[2]
All food preparation shall occur inside the restaurant (other
than menu items prepared table-side).
[3]
Hours of operation for outdoor dining shall be from 6:00 a.m.
to 11:00 p.m. An additional half an hour for cleanup shall be permitted
after the foregoing hours of operation.
[4]
Outdoor entertainment is permitted subject to the Township noise
ordinance.
(i)
Ordinary projections of principal or accessory buildings allowed
by the State Uniform Construction Code, including, but not limited
to, sills, belt courses, chimneys flues, buttresses, ornamental features,
and eaves, may project not more than 24 inches into required buffer
and setback areas.
(j)
All accessory buildings and structures shall be treated architecturally
to complement the principal buildings.
M.
Certificates of occupancy, improvement, performance, and maintenance guarantees. The provisions of Article XLII and Article XV of the Land Use and Development Regulations shall apply in addition to the following:
(1)
Temporary certificates of occupancy can be issued for portions
of the building, including residential dwelling units in a phase,
such that portions of one phase can be inhabited provided the Construction
Official has determined compliance with all applicable UCC codes,
and the Township Engineer has, where applicable, certified to the
following:
(a)
Utilities and drainage. Utilities, including, but not limited
to, water, gas, storm drains, sanitary sewers, electric lines and
telephone lines shall have been properly installed, and service to
the lot, building or use from such utilities shall be available.
(b)
Circulation and parking. All access and parking areas necessary
to provide access to the building or use in question shall have been
graded and all slope-retaining devices or slope planting shall have
been installed. Bituminous base course paving and curbing has been
properly installed and the number of parking spaces necessary for
the units ready for occupancy are completed.
(c)
Sidewalks. All required sidewalks necessary to provide access
to the building or use in question shall be properly installed.
(d)
Site grading. All site grading necessary to permit proper surface
drainage and prevent erosion of soils shall have been completed in
accordance with the approved soil disturbance plans.
(e)
Public water supply. Where the proposed lot, building or use
is served by a public water supply, said supply shall have been installed
and tested and all required fire hydrants or fire connections shall
have been installed and tested and approved.
(2)
Certificates of occupancy shall be issued to allow the project
to be developed in multiple construction phases, including issuance
of temporary certificates of occupancy for portions of a phase.
N.
Affordable housing development requirements.
(1)
The configuration (unit size and affordability levels) of the
72 affordable housing units shall be designed and completed in accordance
with the Township's Affordable Housing Ordinance, the Township's
Housing Element and Fair Share Plan, the Fair Housing Act (FHA), the
Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.)
(UHAC) and Prior Round Council on Affordable Housing (COAH) regulations
(N.J.A.C. 5:93-1.1, et seq.[1]) as follows:
(a)
Deed restriction period. The developer shall have an obligation
to deed restrict the affordable units in the project as very low-,
low- or moderate-income affordable units for a period of at least
30 years from the date of the initial certificate of occupancy is
issued for each affordable unit (the "deed-restriction period"), so
that the Township may count each affordable unit against its obligation
to provide family rental affordable housing. The affordable units
shall be subject to the deed restriction period, unless and until
the Township, in accordance with applicable law, extends or releases
the controls on affordability. If the Township should choose not to
extend the controls and takes action to release the controls, the
affordability controls shall remain in effect until the date on which
a rental unit shall become vacant, provided that the occupant household
continues to earn a gross annual income of less than 80% of the applicable
median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the
end of 30 years after the date of initial occupancy, a rental household's
income is found to exceed 80% of the regional median income, the rental
rate restriction shall expire at the later of either the next scheduled
lease renewal or 60 days. See Ibid. The term "family rental" in this
agreement means rental units that are not age restricted.
(b)
Deed restriction. The developer shall execute and record a deed
restriction in a form not inconsistent with the prevailing UHAC regulations
and approved by the Township before the first certificate of occupancy
is issued for the inclusionary development. The deed restriction will
be recorded in the Monmouth County Clerk's office. If this project
is financed with low income housing tax credits, then the HMFA required
deed restriction shall be provided.
(c)
Income distribution requirements. The affordable dwelling units
shall be split between very low, low, and moderate income units and
low-income units. Pursuant to N.J.S.A. 52:27D-329.1, no less than
13% of the affordable housing units of each bedroom type shall be
reserved as very low-income housing units, as such term is defined
in N.J.S.A. 52:27D-304 and the UHAC. No less than 37% of the affordable
housing units of each bedroom type shall be available as low-income
housing units and no less than 50% of the affordable housing units
of each bedroom type shall be available as moderate-income housing
units, as such terms are defined in N.J.S.A. 52:27D-304 and the UHAC.
(d)
Bedroom mix. All affordable units shall be subject to the bedroom
distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor
regulation. All new construction affordable housing units shall be
adaptable in conformance with N.J.S.A. 52:27D-311a and 311b, and all
other applicable laws. At least 20% of the affordable units in each
project shall be three bedroom units, but not more than 20% of the
affordable units in each project shall be efficiency and one bedroom
units, and at least 30% of the affordable units in each project shall
be two bedroom units. The balance of two- or three-bedroom units shall
be at the discretion of the developer.
(e)
Other affordable housing unit requirements. The developer will
also comply with all of the other requirements of UHAC and the Township's
Affordable Housing Ordinance, including, but not limited to: 1) affirmative
marketing requirements, and 2) candidate qualification and screening
requirements.
(f)
Administrative agent. The developer and/or its affiliate may
elect, in its sole discretion, to serve as the administrative agent
for the affordable units. Unless the developer elects to serve as
the administrative agent for the affordable units, the developer shall
contract with a qualified and experienced third-party administrative
agent, which may be the Township's administrative agent, for
the administration of the affordable units and shall have the obligation
to pay all costs associated with properly deed restricting the affordable
units in accordance with this agreement for the deed-restriction period,
and shall work with the developer's and the Township's administrative
agent regarding any affordable housing monitoring requirements imposed
by COAH or the Court. In that event, the developer shall provide,
within 30 days after the written notice, detailed information reasonably
requested by the Township or the Township's administrative agent
concerning the developer's compliance with UHAC, the Township's
Affordable Housing Ordinance, the Township's Amended Affordable
Housing Plan, all applicable Court orders (including the Township's
JOR Order), and other applicable laws.
(g)
In addition, construction phasing of this development shall
be in the accordance with COAH Prior Round Phasing Regulation [N.J.A.C.
5:93-5.6(d)]. The following table illustrates the benchmarks that
must be achieved in the development of the affordable housing in order
to develop the entire project.
|
Minimum Percentage of Affordable Units Completed
|
Percentage of Market Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25+1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
[1]
Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.
(2)
Any development within the Zone shall be subject to the provisions
of N.J.A.C. 5:93-10.1 and 10.2 which set forth limitations on application
requirements and provide a standard of review for the Planning Board
for necessary variances or deviations necessary to accomplish the
intent of this section.
(3)
In accordance with § 140-283 (Affordable housing development fee ordinance), the entire Zone qualifies as an "affordable housing development" as defined in § 140-283 (including without limitation, retail, commercial, and mixed-uses), and shall be exempt from the payment of any development fee in accordance with N.J.S.A. 52:27D-329.2, the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), and as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" form. To the extent any fee is required under N.J.S.A. 52:27D-329.2, the developer shall pay one half of the fee upon issuance of the building permit, and the remaining amount due shall be paid before issuance of the certificate of occupancy.[2]
[2]
Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.
[Added 7-26-2023 by Ord. No. 9-2023]
A.
Purpose. The purpose of this zone is to ensure the construction of
a mixed-use development with an inclusionary housing component with
a maximum of 46 residential units, consisting of 36 market rate units
and 10 family affordable rental units, which will be affordable to
very-low-, low-, and moderate-income families that partially addresses
the Township's affordable housing obligation, together with commercial
and retail uses.
B.
AUTOMOBILE SALES
AUTOMOBILE SERVICE STATION
CONVENIENCE STORE
DRIVE-THROUGH ESTABLISHMENT
EDUCATIONAL SERVICE CENTER
FITNESS/HEALTH CLUB
MIXED USE DEVELOPMENT
OFFICE, PROFESSIONAL
PERSONAL SERVICE
PHARMACY
RESTAURANT, FAST-CASUAL
RESTAURANT, FAST-FOOD
RESTAURANT, SIT DOWN
RETAIL, BULK
RETAIL, FOOD
RETAIL, GENERAL
UTILITIES
Definitions.
As used in this section, the following terms shall have the
meanings indicated:
An establishment used for the display, sale, rental, or lease
of new or used automobiles, trucks, vans, trailers, boats, or recreational
vehicles.
An establishment used for the retail dispensing or sales
of vehicular fuels; servicing or repair of automobiles; or the sale
and installation of lubricants, tires, batteries, and similar vehicle
accessories.
A retail establishment 7,500 square feet or less where prepackaged
foods, magazines and newspapers, cigarettes, dairy products, and/or
similar foods and items are sold for consumption or use elsewhere,
including those establishments where, as a secondary use of the premises,
prepared foods (e.g., meats, cheeses, salads, etc.) are sold over
the counter in sandwiches or are packaged to take out.
A general retail or restaurant establishment that takes orders
at a designated on-site ordering station or window and dispenses those
products to patrons who remain in vehicles.
An establishment that provides services delivered by teachers
or instructors that explain, tell, demonstrate, supervise, and direct
learning, provided that no educational service center exceeds a maximum
of 15 students at any one time.
A facility no larger than 2,500 square feet of gross floor
area such as a fitness center, gymnasium, health or athletic club,
which provides training and/or equipment for aerobic exercise, running
and jogging, game courts, and similar activities.
A structure containing permitted nonresidential uses on the
first floor and multifamily dwellings on the upper floors.
Professional or government offices including: accounting,
auditing and bookkeeping services; advertising agencies; architectural,
engineering, planning, and surveying services; attorneys; dental and
medical services; counseling services; court reporting services; data
processing and computer services; detective agencies and similar services;
educational, scientific, and research organizations; employment, stenographic,
secretarial, and word processing services; government offices including
agency and administrative office facilities; management, public relations,
and consulting services; photography and commercial art studios; writers
and artists offices outside the home. Does not include offices that
are incidental and accessory to another business or sales activity
that is the principal use. Incidental offices that are customarily
accessory to another use are allowed as part of an approved principal
use.
Establishments primarily engaged in providing nonmedically
related services involving the care of a person or is or her personal
goods or apparel. These uses may also include accessory retail sales
of products related to the services provided. Automobile service stations
are not considered personal service.
A retail establishment engaged in the retail sale of prescription
drugs, nonprescription medicines, cosmetics, and related supplies.
A restaurant with a limited menu, limited service, or self-service
format, whose food is made to order and is fresher and higher quality
and has more complex flavors than fast-food restaurants, and whose
decor is more upscale, unique, or highly developed.
Restaurants whose emphasis is on convenience and speed of
service, that are generally part of a restaurant chain or franchise,
and that provide a limited menu and minimal table or fast counter
service, and whose meals are typically inexpensive and made from standardized
ingredients that are partially or fully cooked in bulk in advance
and kept hot and then finished and packaged to order.
An establishment where food and beverage are served to the
public on demand from a menu during stated business hours, served
in and on reusable containers and dinnerware, to be consumed on the
premises primarily inside the building at tables, booths, or counters,
with chairs, benches, or stools.
A retail establishment engaged in selling goods or merchandise
to the general public as well as to other retailers, contractors,
or businesses, and rendering services incidental to the sale of such
goods. Bulk retail involves a high volume of sales of related and/or
unrelated products in a warehouse setting and may include membership
warehouse clubs (i.e., "big box" retail). Bulk retail is differentiated
from general retail by any of the following characteristics: items
for sale include large, categorized products (e.g., lumber, appliances,
household furnishings, electrical and heating fixtures and supplies,
wholesale, and retail nursery stock, etc.) and may also include a
variety of carryout goods (e.g., groceries, household, and personal
care products).
A retail establishment within a permanent structure selling
food or beverages for consumption off-premises either immediately
or with further preparation. Such establishments may include, but
not be limited to, supermarket, grocery store, bakery, candy store,
butcher, ice cream store, coffee store, delicatessen, and similar
establishments. Convenience stores and drive-through establishments
shall not be considered retail food establishments.
A retail establishment within a permanent structure that
provides goods directly to the consumer, where such goods are available
for immediate purchase and removal from the premises by the purchaser.
The following shall not be considered general retail: bulk retail,
food retail, drive-through establishments, convenience stores, pharmacies,
automobile sales, and automobile service stations.
All lines and facilities related to the provision, distribution,
collection, transmission, or disposal of water, storm and sanitary
sewage, oil, gas, power, information, telecommunication and telephone
cable.
C.
Permitted principal uses. All uses not specifically listed as being
permitted are hereby prohibited.
D.
Permitted accessory uses.
(1)
Private community spaces and amenities (e.g., multipurpose room,
laundry facilities, mail rooms, fitness studios, etc.) for the sole
use and enjoyment of residents and their guests;
(2)
Refuse and recycling areas;
(3)
On-site surface, covered, and structured parking including electric
vehicle supply/service equipment as required pursuant to N.J.S.A.
40:55d-1 et seq;
(4)
Outdoor recreation areas (e.g., tot lots and playground, gazebos,
picnic areas);
(5)
Signage in accordance with the standards outlined in this Redevelopment
Plan;
(6)
Temporary construction trailers, the location to be shown on
the approved site plan, which shall be removed within 30 days after
the final certificate of occupancy is issued;
(7)
Utility installations that are otherwise in compliance with Chapter 140 of the Code of the Township of Wall;
(8)
Maintenance facilities within an enclosed structure;
(9)
Storage facilities within an enclosed structure;
(10)
On-site professional management and leading office, provided
that it is not located within a dwelling unit; and,
(11)
Other uses normally subordinate and incidental to a principal
permitted use.
(12)
Such other uses and structures that are customary and incidental
to the principal use as permitted by the Planning Board and shown
on the approved site plan.
E.
Bulk requirements.
(1)
Minimum tract width: 100 feet.
(2)
Minimum tract depth: 100 feet.
(3)
Minimum front yard: 60 feet.
(4)
Minimum rear yard: 20 feet.
(5)
Minimum side yard: 20 feet.
(6)
Minimum setback from internal lot lines: zero feet.
(7)
Minimum setback from parking, parking aisles, or internal roadway
circulation: 10 feet.
(8)
Maximum building coverage: 20%.
(9)
Maximum impervious coverage: 85%.
(10)
Maximum building height (feet; principal): 45 feet.
(11)
Maximum building height (stories; principal): three stories.
F.
Buffer and landscape areas. The following landscaping and screening
standards shall apply:
(1)
Buffer location. Where the overall tract abuts a nonresidential zone or a property zoned for multifamily or townhome development uses, a landscaped buffer strip at least 25 feet in width shall be established and permanently maintained along the property line abutting such zone or use. Existing vegetation may serve as the landscaped buffer strip, provided compliance with Subsection F(2), below, is met.
(2)
Buffer areas shall consist of lawn area and massed evergreen
and deciduous trees and shrubs planted in such a manner that will
provide a continuous visual screen throughout the entire year within
a period of two full growing seasons following the planting of the
buffer. Evergreen coniferous trees shall have a minimum height of
six feet when planted. Deciduous trees shall have a minimum caliper
of 3 1/2 inches when planted. All plant material shall conform
to the current American Standard for Nursery Stock sponsored by the
American Association of Nurseryman, Inc.
(3)
Wooded areas. Where an area required for a buffer is already
wooded, it may be left in its natural state to create the buffer.
(4)
Development in the Zone shall apply the following landscape
standards:
(a)
Landscaping shall be provided as part of a site plan.
(b)
Landscaping shall include a plant palette consisting of deciduous
and evergreen trees, shrubs, and ground cover based upon the premise
to provide material that will best serve the intended function and
use as well as to provide materials appropriate for local soil conditions,
water conservation and the environment.
(c)
The use of native, salt-tolerant, deer-resistant material is
encouraged. Monocultures of material will not be accepted.
(d)
Landscaping shall be provided in public areas and adjacent to
buildings, streets and parking.
(e)
The type and amount of plant material shall be varied throughout
the development with accent given to site entrances. Consider massing
trees at critical points.
(f)
All proposed material shall be drawn to scale to reflect a fifteen-year
to twenty-year growth. Planting schedules showing common and botanical
names, installed and mature sizes and horticultural interest shall
be provided along with applicable installation notes and details.
(g)
Planting specification. Deciduous trees shall be at least 3 1/2
inches caliper at planting and should be balled and burlapped. Size
of evergreens should be six feet tall (except in required buffers)
and shrubs two feet tall at planting but may be allowed to vary depending
on setting and type of shrub. Only nursery-grown plant materials shall
be acceptable, and trees, shrubs, and ground cover shall be planted
according to accepted horticultural standards.
(h)
Any development within the Zone shall not be required to submit
a tree survey. However, limits of tree clearing shall be shown as
part of the site plan application.
G.
Parking and loading areas:
(1)
Residential parking shall be installed pursuant to RSIS.
(2)
Nonresidential uses parking shall be installed pursuant to § 140-216A, except that shared parking spaces utilized by more than one-user for any nonresidential uses shall be permitted in consolidated shared parking areas without the need for variance relief where the developer is able to supply the Planning Board with a Traffic and Parking Study signed by a licensed Professional Traffic Engineer demonstrating that off-peak uses in accordance with Institute of Transportation Engineer (ITE) data will require a lesser demand for parking than the individual and cumulative total demand provided by the parking requirements in § 140-216A. Individual parking lots for single-users shall be discouraged but not prohibited.
(3)
Shared loading spaces shall be permitted. Where multiple uses
are provided within a single building, one loading space shall be
sufficient per building. The loading space shall be a minimum of 12
feet by 30 feet.
H.
Other regulations. Developments in the Zone shall be subject to the
following regulations, requirements, and standards:
(1)
All new on-site utilities shall be installed underground.
(2)
All buildings shall be served by public water and sanitary sewer
systems.
(3)
Garbage refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall otherwise comply with §§ 140-250 and 140-251. The developer shall advise at the time of site plan approval whether the garbage refuse and recycling collection for the residences shall be done privately or shall be a Township responsibility.
(4)
New Jersey Residential Site Improvement Standards at N.J.A.C.
5:21 (RSIS) shall govern all residential design requirements for this
Zone, including, but not limited to, parking, roadways, pavement,
and shall take precedence over anything less restrictive contained
in the Land Use and Development Regulations.
(5)
Lighting.
(a)
All areas within the zone shall receive adequate illumination
in accordance with applicable Township Ordinances.
(b)
All exterior lighting shall be full cut-off or dark sky compliant
fixtures, except for accent lighting expressly approved by the Planning
Board.
(c)
All light fixtures shall have a correlated color temperature
of between 3,000° to 3,500° Kelvin.
(6)
Signage. Permitted signage shall be as follows:
(a)
Freestanding signs.
[1]
One nonresidential advertising freestanding ground signs shall
be permitted such that the maximum sign area not exceed 50 square
feet, the sign be set back at least five feet from the front, side
and rear property lines, and the sign not exceed a height of 10 feet
above grade. Such signs may be illuminated with ground lights that
otherwise comply with the Township's lighting and glare ordinances.
(b)
Individual building attached signs. Separate and incidental
building-attached accent or identification signs advertising unique
and distinct services or uses within a building shall be prohibited
except as set forth below:
[1]
Each nonresidential tenant may have one building-attached sign
not to exceed two square feet for each foot of store frontage or 50
square feet in area, whichever is less, exclusive of the aggregate
freestanding sign area permitted. Such signage shall be exclusively
located along the store frontage, being that portion of the store
serving as the primary entryway for customers, and generally facing
the majority of the customer parking spaces.
[2]
In addition to the signs identified in this section, each nonresidential
tenant may have one nonilluminated canopy sign perpendicular to the
building, attached to the underside of the roof overhang projecting
over a sidewalk, and immediately in front of the entrance door, provided
it does not exceed a maximum of two square feet in area, with a minimum
ten-foot under clearance.
[3]
Any signs including additional temporary directional, informational,
or identifications signs, as permitted by the Planning Board in connection
with an approved site plan shall be permitted including any temporary
signs, which shall be removed 60 days after the final dwelling unit
receives a final certificate of occupancy.
(7)
Building design. The purpose of these building design standards
is to ensure that they promote a desirable visual and spatial environment.
(a)
Front-facing facades are facades visible from any public or
publicly accessible right-of-way. Front-facing facades shall be of
primary exterior building materials, such as brick, stone, wood, stucco,
metal, glass, Hardie plank-cement siding or composite materials and
such similar high-quality materials. Front facing facade materials
shall be used in combination of various materials and not proposed
as a single facade material.
(b)
Buildings shall be designed so that all front-facing facades
(i.e., facades visible from any public or publicly accessible right-of-way)
are consistent in their architectural character in terms of materials,
style, colors, and other aesthetic treatments.
(c)
Hardie Plank/cement siding materials and vinyl siding shall
be permitted for all residential buildings.
(d)
Colors, materials, and architectural features should be coordinated
on all exterior elevations to achieve a continuity, and harmony of
design amongst all buildings.
(e)
Long monolithic walls with no variation in building material
are discouraged.
(f)
Buildings with a flat roof shall have a decorative cornice which
extends on average at least six inches from the face of the building
(which shall be excluded from any buffer and setback requirements).
(g)
Buildings with a pitched roof shall have eaves which overhang
the facade of the building at least 12 inches.
(h)
For any restaurant, outdoor dining may be permitted within the
sidewalk area directly in front of or beside the restaurant space.
Outdoor dining shall be subject to the following conditions:
[1]
A minimum effective sidewalk width of five feet shall be maintained.
[2]
All food and drink preparation shall occur inside the restaurant
(other than menu items prepared table-side).
[3]
Hours of operation for outdoor dining shall be from 9:00 a.m.
to 9:30 p.m. An additional half an hour for cleanup shall be permitted
after the foregoing hours of operation.
[4]
No outdoor entertainment permitted.
I.
Certificates of occupancy, improvement, performance, and maintenance guarantees. The provisions of Article XLII and Article XV of the Land Use and Development Regulations shall apply in addition to the following.
(1)
Temporary certificates of occupancy can be issued for portions
of the building, including residential dwelling units in a phase,
such that portions of one phase can be inhabited provided the Construction
Official has determined compliance with all applicable UCC codes,
and the Township Engineer has, where applicable, certified to the
following:
(a)
Utilities and drainage. Utilities, including, but not limited
to, water, gas, storm drains, sanitary sewers, electric lines and
telephone lines shall have been properly installed, and service to
the lot, building or use from such utilities shall be available.
(b)
Circulation and parking. All access and parking areas necessary
to provide access to the building or use in question shall have been
graded and all slope-retaining devices or slope planting shall have
been installed. Bituminous base course paving and curbing has been
properly installed and the number of parking spaces necessary for
the units ready for occupancy are completed.
(c)
Sidewalks. All required sidewalks necessary to provide access
to the building or use in question shall be properly installed.
(d)
Site grading. All site grading necessary to permit proper surface
drainage and prevent erosion of soils shall have been completed in
accordance with the approved soil disturbance plans.
(e)
Public water supply. Where the proposed lot, building or use
is served by a public water supply, said supply shall have been installed
and tested and all required fire hydrants or fire connections shall
have been installed and tested and approved.
(2)
Certificates of occupancy shall be issued to allow the project
to be developed in multiple construction phases, including issuance
of temporary certificates of occupancy for portions of a phase.
J.
Affordable housing development requirements.
(1)
The configuration (unit size and affordability levels) of the
10 affordable housing units shall be designed and completed in accordance
with the Township's Affordable Housing Ordinance, the Township's
Housing Element and Fair Share Plan, the Fair Housing Act (FHA), the
Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.)
(UHAC) and Prior Round Council on Affordable Housing (COAH) regulations
(N.J.A.C. 5:93-1.1, et seq.[1]) as follows:
(a)
Deed restriction period. The developer shall have an obligation
to deed restrict the affordable units in the project as very-low-,
low- or moderate-income affordable units for a period of at least
30 years from the date of the initial certificate of occupancy is
issued for each affordable unit (the "deed-restriction period"), so
that the Township may count each affordable unit against its obligation
to provide family rental affordable housing. The affordable units
shall be subject to the deed restriction period, unless and until
the Township, in accordance with applicable law, extends or releases
the controls on affordability. If the Township should choose not to
extend the controls and takes action to release the controls, the
affordability controls shall remain in effect until the date on which
a rental unit shall become vacant, provided that the occupant household
continues to earn a gross annual income of less than 80% of the applicable
median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the
end of 30 years after the date of initial occupancy, a rental household's
income is found to exceed 80% of the regional median income, the rental
rate restriction shall expire at the later of either the next scheduled
lease renewal or 60 days. See Ibid. The term family rental in this
agreement means rental units that are not age restricted.
(b)
Deed restriction. The developer shall execute and record a deed
restriction in a form not inconsistent with the prevailing UHAC regulations
and approved by the Township before the first certificate of occupancy
is issued for the inclusionary development. The deed restriction will
be recorded in the Monmouth County Clerk's office. If this project
is financed with low income housing tax credits, then the HMFA required
deed restriction shall be provided.
(c)
Income distribution requirements. The affordable dwelling units
shall be split between very low-, low-, and moderate-income units
and low-income units. Pursuant to N.J.S.A. 52:27D-329.1, no less than
13% of the affordable housing units of each bedroom type shall be
reserved as very low-income housing units, as such term is defined
in N.J.S.A. 52:27D-304 and the UHAC. No less than 37% of the affordable
housing units of each bedroom type shall be available as low-income
housing units and no less than 50% of the affordable housing units
of each bedroom type shall be available as moderate-income housing
units, as such terms are defined in N.J.S.A. 52:27D-304 and the UHAC.
(d)
Bedroom mix. All affordable units shall be subject to the bedroom
distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor
regulation. All new construction affordable housing units shall be
adaptable in conformance with N.J.S.A. 52:27D-311a through 311b, and
all other applicable laws. At least 20% of the affordable units in
each project shall be three-bedroom units, but not more than 20% of
the affordable units in each project shall be efficiency and one-bedroom
units, and at least 30% of the affordable units in each project shall
be two-bedroom units. The balance of two or three-bedroom units shall
be at the discretion of the developer.
(e)
Other affordable housing unit requirements. The developer will
also comply with all of the other requirements of UHAC and the Township's
Affordable Housing Ordinance, including, but not limited to: 1) affirmative
marketing requirements, and 2) candidate qualification and screening
requirements.
(f)
Administrative agent. The developer and/or its affiliate may
elect, in its sole discretion, to serve as the administrative agent
for the affordable units. Unless the developer elects to serve as
the administrative agent for the affordable units, the developer shall
contract with a qualified and experienced third-party administrative
agent, which may be the Township's administrative agent, for
the administration of the affordable units and shall have the obligation
to pay all costs associated with properly deed restricting the affordable
units in accordance with this agreement for the deed restriction period,
and shall work with the developer's and the Township's administrative
agent regarding any affordable housing monitoring requirements imposed
by COAH or the Court. In that event, the developer shall provide,
within 30 days after the written notice, detailed information reasonably
requested by the Township or the Township's administrative agent
concerning the developer's compliance with UHAC, the Township's
Affordable Housing Ordinance, the Township's Amended Affordable
Housing Plan, all applicable Court orders (including the Township's
JOR Order), and other applicable laws.
(g)
In addition, construction phasing of this development shall
be in the accordance with COAH Prior Round Phasing Regulation [N.J.A.C.
5:93-5.6(d)].[2] The following table illustrates the benchmarks that must
be achieved in the development of the affordable housing in order
to develop the entire project.
|
Minimum Percentage of Affordable Units Completed
|
Percentage of Market Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25+ 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
[2]
Editor's Note: N.J.A.C. 5:93 et seq. expired 10-16-2016.
[1]
Editor's Note: N.J.A.C. 5:93 et seq. expired 10-16-2016.
(2)
Any development within the Zone shall be subject to the provisions
of N.J.A.C. 5:93-10.1 and 10.2 which set forth limitations on application
requirements and provide a standard of review for the Planning Board
for necessary variances or deviations necessary to accomplish the
intent of this district.
(3)
In accordance with § 140-283 (Affordable housing development fee Ordinance), the entire Zone qualifies as an "affordable housing development" as defined in § 140-283 (including, without limitation, retail, commercial, and mixed-uses), and shall be exempt from the payment of any development fee in accordance with N.J.S.A. 52:27D-329.2, the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), and as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" form. To the extent any fee is required under N.J.S.A. 52:27D-329.2, the developer shall pay one half of the fee upon issuance of the building permit, and the remaining amount due shall be paid before issuance of the certificate of occupancy.
[Added 7-26-2023 by Ord. No. 11-2023]
A.
Purpose. The purpose of this zone is to provide the following access
easements: the AH9 Overlay Zone shall be applied to allow for vehicular,
pedestrian, and/or utility access between and among Block 945, Lots
11, 12, 13 and 19, subject to the terms herein.
B.
Applicability.
(1)
Block 945, Lot 11 shall be permitted utility and vehicular access
easement through the Township's property (Block 945, Lot 12 and
Lot 19) connecting to Route 34 for uses permitted in the underlying
zone district(s) applicable to Lot 11 at no cost to the property owners
of Lot 11.
(2)
The following cross-access easements shall be permitted, but
only in accordance with the supplemental regulations provided herein:
(a)
Block 945, Lot 11 shall be permitted a utility access easement
through Lot 13 for uses permitted in the underlying zone district(s)
applicable to Lot 11.
(b)
Block 945, Lot 13 shall be permitted a vehicular and pedestrian
access through Lots 11 and 12, and 19 for uses permitted in the underlying
zone district(s) applicable to Lot 13.
(3)
The underlying zone district regulations shall apply for all
other zoning requirements on the lots.
C.
Supplemental regulations. The application of the AH9 Overlay Zone
to Block 945, Lots 11, 12, 13 and 19 is contingent upon the following:
(1)
The execution of written agreements between the respective owners
of Lots 11 and 13, including without limitation an appropriate cross-access
agreement and cost sharing agreement, pursuant to the terms set forth
in the MOU and the settlement agreement.
[Added 7-26-2023 by Ord. No. 12-2023]
A.
Purpose. The purpose of this zone is to allow for the construction
of a mixed-use development of commercial, retail, and office space,
a stand-alone convenience store with gas pumps and up to 400 residential
units, consisting of a minimum of 320 market rate units and a minimum
of 80 family affordable rental units, that are affordable to very-low-,
low-, and moderate-income units that will partially address the Township's
affordable housing obligation as well as facilitates the development
of other uses described herein.
B.
AUTOMOBILE SALES
AUTOMOBILE SERVICE STATION
CONVENIENCE STORE
CURBSIDE PICKUP ESTABLISHMENT
DRIVE-THROUGH ESTABLISHMENT
EDUCATIONAL SERVICE CENTER
FINANCIAL INSTITUTION
FITNESS/HEALTH CLUB
GATEWAY DIGITAL READER BOARD SIGN
MIXED USE DEVELOPMENT
MOBILE PICKUP WINDOW ESTABLISHMENT
OFFICE, PROFESSIONAL
PERSONAL SERVICE
PHARMACY
RESTAURANT ESTABLISHMENT
RESTAURANT, FAST-CASUAL
RESTAURANT, FAST-FOOD
RESTAURANT, SIT-DOWN
RETAIL, BULK
RETAIL, FOOD
RETAIL, GENERAL
UTILITIES
Definitions. The following definitions shall apply to this section. Article III, "Definitions and Word Usage," of the Wall Township Land Use and Development Regulations shall apply for any words not specifically defined in this section.
An establishment used for the display, sale, rental, or lease
of new or used automobiles, trucks, vans, trailers, boats, or recreational
vehicles.
An establishment used for the retail dispensing or sales
of vehicular fuels; servicing or repair of automobiles; or the sale
and installation of lubricants, tires, batteries, and similar vehicle
accessories.
A retail establishment where prepackaged foods, magazines
and newspapers, cigarettes, dairy products, and/or similar foods and
items are sold for consumption or use elsewhere, including those establishments
where, as a secondary use of the premises, prepared foods (e.g., meats,
cheeses, salads, etc.) are sold over the counter in sandwiches or
are packaged to take out.
Subject to the supplemental regulations contained herein,
a retail establishment or restaurant establishment where previously
ordered and purchased items are provided, dispensed and/or served:
(1) to customers through a walk-up curbside pickup window; or (2)
to customers who remain in their automobiles in a designated area
or parking spaces near the establishment.
Subject to the supplemental regulations contained herein,
a retail establishment or restaurant establishment that takes customer
orders at a designated on-site ordering and payment window(s), and
dispenses those products to patrons who remain in their automobiles
through a designated on-site window(s).
An establishment that provides services delivered by teachers
or instructors that explain, tell, demonstrate, supervise, and direct
learning, provided that no educational service center exceeds a maximum
of 15 students at any one time.
Any trust company, savings bank, industrial bank, savings
and loan association, building and loan association, commercial bank,
credit union, federal association, investment company, or other business
association, which is chartered under federal or state law, solicits,
receives, or accepts money or its equivalent on deposit and loans
money as a regular business. This use shall not include a check cashing
or pawn shop facility.
A facility such as a fitness center, gymnasium, health or
athletic club, which provides yoga, training and/or equipment for
aerobic exercise, running and jogging, game courts, and/or similar
activities.
A landscape feature and/or built decorative structure that
serves as an electronic message center that is capable of displaying
and alternating words, symbols, figures or images that can be electronically
changed by remote or automatic means through integrated visual communication
technology aimed at supporting communication and/or advertising by
the public.
A structure containing permitted nonresidential uses on the
first floor and multifamily dwellings on the upper floors. The structure
may contain parking on the same level as and/or below the permitted
nonresidential uses on the first floor.
Subject to the supplemental regulations contained herein,
a retail establishment or restaurant establishment where previously
ordered and purchased items are provided, dispensed and/or served
to customers who remain in their automobiles through a mobile pickup
window. All ordering and payments shall occur in advance of the items
being picked up.
Professional or government offices including: accounting,
auditing and bookkeeping services; advertising agencies; architectural,
engineering, planning, and surveying services; attorneys; dental,
physical therapy, and medical services; counseling services; court
reporting services; data processing and computer services; detective
agencies and similar services; educational, scientific, and research
organizations; employment, stenographic, secretarial, and word processing
services; government offices including agency and administrative office
facilities; management, public relations, and consulting services;
photography and commercial art studios; writers and artists offices
outside the home. Does not include offices that are incidental and
accessory to another business or sales activity that is the principal
use. Incidental offices that are customarily accessory to another
use are allowed as part of an approved principal use.
Establishments primarily engaged in providing nonmedically
related services involving the care of a person or is or her personal
goods or apparel. These uses may also include accessory retail sales
of products related to the services provided. Automobile service stations
are not considered personal service.
A retail establishment with or without a drive-through facility
engaged in the sale of prescription drugs and medicines, nonprescription
medicines, cosmetics, grocery and household items, and other goods
for personal use and consumption. Ancillary medical services including
but not limited to flu-shot, vaccines and other similar treatments
may be administered. A walk-in or appointment-based clinic shall be
permitted as accessory use to a pharmacy not to include a methadone
clinic or similar facility not to include a methadone clinic or similar
facility.
An establishment that includes sit-down and fast-casual restaurants
and excludes fast food.
A restaurant with a limited menu, limited service, or self-service
format, whose food is made to order and is fresher and higher quality
and has more complex flavors than fast-food restaurants, and whose
decor is more upscale, unique, or highly developed.
Restaurants whose emphasis is on convenience and speed of
service, that are generally part of a restaurant chain or franchise,
and that provide a limited menu and minimal table or fast counter
service, and whose meals are typically inexpensive and made from standardized
ingredients that are partially or fully cooked in bulk in advance
and kept hot and then finished and packaged to order.
An establishment where food and beverage are served to the
public on demand from a menu during stated business hours, served
in and on reusable containers and dinnerware, to be consumed on the
premises primarily inside the building at tables, booths, or counters,
with chairs, benches, or stools.
A retail establishment engaged in selling goods or merchandise
to the general public as well as to other retailers, contractors,
or businesses, and rendering services incidental to the sale of such
goods. Bulk retail involves a high volume of sales of related and/or
unrelated products in a warehouse setting and may include membership
warehouse clubs (i.e., "big box" retail). Bulk retail is differentiated
from general retail by any of the following characteristics: items
for sale include large, categorized products (e.g., lumber, appliances,
household furnishings, electrical and heating fixtures and supplies,
wholesale, and retail nursery stock, etc.) and may also include a
variety of carryout goods (e.g., groceries, household, and personal
care products).
A retail establishment within a permanent structure selling
food or beverages for consumption off-premises either immediately
or with further preparation. Such establishments may include, but
not be limited to, supermarkets, grocery store, bakery, candy store,
butcher, ice cream store, coffee store, delicatessen, and similar
establishments.
A retail establishment within a permanent structure that
provides goods directly to the consumer, where such goods are available
for immediate purchase and removal from the premises by the purchaser.
Pharmacies shall not be considered retail establishments.
All lines and facilities related to the provision, distribution,
collection, transmission, or disposal of water, storm and sanitary
sewage, oil, gas, power, information, telecommunication and telephone
cable.
C.
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract. This zone may operate under a technical subdivision provision pursuant to § 140-81 of the Land Use and Development Regulations of the Township of Wall (this "chapter"), which allows the project to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
D.
Permitted principal uses. All uses not specifically listed as being
permitted are hereby prohibited.
(1)
Multifamily and mixed-use development of a maximum of 400 residential
units, consisting of 320 market rate units and 80 family affordable
rental units.
(2)
Nonresidential uses permitted as part of the mixed-use development
provided a minimum of 80 family affordable rental units are approved
as part of the site plan approval, may include:
(a)
General retail.
(b)
Food retail.
(c)
Personal services.
(d)
Office, professional.
(e)
Sit-down restaurants.
(f)
Fast-casual restaurants.
(g)
Child-care centers.
(h)
Fitness/health clubs.
(i)
Educational service centers.
(j)
Financial institution.
(k)
Pharmacy with drive-through.
(l)
Pharmacy without drive-through limited to 2,500 square feet
or less.
(m)
A maximum of one convenience store which may include an associated
automobile service station.
(n)
Drive-through, mobile pickup window, and curbside pickup establishments,
in accordance with the supplemental requirements below.
(o)
One gateway digital reader board sign with digital reader board
for the purpose of displaying Township information only.
E.
Supplemental requirements for specific principal uses: drive-through,
curbside pickup, and mobile pickup window establishments:
(1)
A maximum of one drive-through establishment provided the following
requirements are met:
(a)
The establishment is a pharmacy, fast-casual, food retail, general
retail establishment, or financial institution.
(b)
A maximum of one ordering station is permitted.
(c)
A maximum of one pickup window is permitted.
(d)
A bypass/escape lane shall be provided.
(e)
The drive-through aisle length shall be able to stack a minimum
of four standard length vehicles and which has a minimum stacking
length of 75 feet from the first window on approach.
(f)
The drive-through aisle width shall be a minimum width of 12
feet.
(g)
The drive-through aisle shall not directly block parking spaces,
loading zones, pedestrian building entries or refuse areas.
(2)
A maximum of two mobile pickup window establishments provided
the following requirements are met:
(3)
There shall be no limit to the number of curbside pickup establishments
for any of the following uses: pharmacy, fast-casual or sit-down restaurant,
general retail, food retail establishment provided no more than 10%
of the nonresidential parking spaces are designated for curbside pickup
and in accordance with Planning Board approval.
F.
Permitted accessory uses.
(1)
Common parking, pedestrian, biking, and driveway areas.
(2)
Common private recreational and open space facilities.
(3)
Patios, balconies, and decks.
(4)
Common trash receptacles and compactors.
(5)
Signs.
(6)
Construction trailers, the location to be shown on the approved
site plan, which shall be removed 30 days after the final dwelling
unit receives a final certificate of occupancy.
(7)
Utility installations that are otherwise in compliance with Chapter 140, Land Use and Development Regulations.
(8)
Cart corrals.
(9)
Electric vehicle supply/service equipment as required pursuant
to N.J.S.A. 40:55d-1 et seq.
(10)
One sales and leasing office in a location within one of the
mixed-use buildings.
(11)
Maintenance facilities within an enclosed structure.
(12)
Common storage facilities within an enclosed structure. Separate
and individual storage buildings to service a single residential unit
shall not be permitted.
(13)
Fences and retaining walls and stormwater facilities.
(14)
Parking structure.
(15)
Such other uses and structures that are customary and incidental
to the principal use as permitted by the Planning Board and shown
on the approved site plan.
G.
Minimum requirements.
(1)
Minimum affordable units. Eighty multifamily dwelling units
shall be designated as family affordable units within the multifamily
buildings and mixed use buildings, including no more than 66 affordable
units may be contained within two stand-alone 100% affordable buildings.
(2)
Minimum market rate units: 320 dwelling units shall be permitted.
(3)
Minimum lot Standards and setbacks for residential and mixed-use
development:
(a)
Minimum lot width: 400 feet.
(b)
Minimum lot frontage: 300 feet.
(c)
Minimum lot depth: 500 feet.
(e)
Minimum side yard setback (principal): 50 feet.
(f)
Minimum rear yard setback (principal): 50 feet.
(g)
Minimum building and parking setback from internal lot lines:
zero feet.
(h)
Minimum building setback from parking, parking aisles, or internal
circulation roadways: 10 feet.
(i)
Minimum of 250 cubic feet of private storage space, which may
be within attics, garages, or basements or a separate enclosed common
storage building in addition to the standard closet space provided
within the unit.
(4)
Minimum lot standards and setbacks for nonresidential development:
(a)
Minimum lot width: 100 feet.
(b)
Minimum lot frontage: 100 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback (principal): 50 feet.
(e)
Minimum side yard setback (principal): 20 feet.
(f)
Minimum rear yard setback (principal): 25 feet.
(g)
Minimum parking setback: 10 feet.
(h)
Minimum sign setback: five feet.
(i)
Minimum building and parking setback from internal lot lines:
Zero feet.
(j)
Minimum building setback from parking, parking aisles, or internal
circulation roadways: 10 feet.
(5)
All accessory buildings and structures shall meet the principal
building setback and coverage requirements for the zone, unless otherwise
set forth in this section.
(6)
Minimum open space and recreation areas.
(a)
The applicant shall provide recreational amenities for on-site
residents, including:
[1]
A recreation building or clubhouse or internal recreation/fitness
space with a minimum size of 7,000 square feet;
[2]
Picnic/barbecue area(s);
[3]
Bicycle parking;
[4]
Lawn area of 2,000 square feet; and
[5]
Three or more of the following facilities:
[a]
Swimming pool of a minimum size of 1,800 square
feet (for the purposes of this subsection, a swimming pool shall count
as two facilities);
[b]
Boccie court;
[c]
Pickleball court;
[d]
Tot lot/play area;
[e]
Tennis court;
[f]
Basketball court;
[g]
Community garden;
[h]
Exercise area;
[i]
Off-leash dog area; and
[j]
Other related recreational amenities as approved
by the Board.
H.
Maximum requirements.
(1)
Maximum height: Building height shall be measured as set forth in § 140-17, except that height in this zone shall be measured from the average proposed finished grade of the front of the building and without the use of retaining walls of each building to the midpoint of the roof.
(3)
Maximum building coverage of entire tract: 40%.
(4)
Maximum impervious coverage of entire tract: 65%.
(5)
Maximum number of buildings:
(a)
Nonresidential:
[1]
One convenience store with automobile service station.
[2]
One single-tenant nonresidential building of up to 12,500 square
feet for pharmacy or retail use.
[3]
Two single-tenant nonresidential buildings of up to 5,250 square
feet, with a maximum of one nonresidential permitted use for each
building.
[4]
One single-tenant nonresidential building of up to 7,500 square
feet, with a maximum of one nonresidential permitted use for each
building.
[5]
An additional single-tenant nonresidential building, not to
exceed 7,500 square feet for any of the following uses: pharmacy,
fast-casual or sit-down restaurant, general retail or food retail
establishment, is permitted provided the site layout is in conformance
with the following supplemental regulations:
[a]
A gateway sign with digital reader board is provided
at the corner of the property located at the intersection of Route
34 and Route 35. The digital reader board portion of the gateway sign
shall not exceed 30% of the gateway sign structure and shall not exceed
10 feet in height. The gateway sign structure shall not exceed 100
feet in length and 30 feet in height at any one single point. The
digital reader board part of the gateway sign is for the sole purpose
of providing Township information; and
[b]
The convenience store with associated automobile
service station is located to the north of the gateway sign with the
intention of located the convenience store further from the intersection
of Route 34 and Route 35 and Route 70; and
[c]
The additional single-tenant nonresidential building
will be located on the south side of the Route 34 access drive. Additional
single tenant pad is located immediately adjacent to the north of
the digital gateway sign; and
[d]
The convenience store with associated automobile
service station is not located immediately adjacent to the digital
gateway sign and is located on the northern side of the additional
single tenant pad to increase the distance of the convenience store
from the southeast corner of the tract at the corner of Route 34 and
Route 35.
(b)
Mixed-use buildings: two mixed-use buildings.
I.
Buffer and landscape areas. The following landscaping and screening
standards shall apply:
(1)
Buffer location. Where the overall tract abuts a nonresidential zone or a property zoned for multifamily or townhome development uses, a landscaped buffer strip at least 25 feet in width shall be established and permanently maintained along the property line abutting such zone or use. Existing vegetation may serve as the landscaped buffer strip, provided compliance with Subsection I(2), below, is met.
(2)
Buffer areas shall consist of lawn area and massed evergreen
and deciduous trees and shrubs planted in such a manner that will
provide a continuous visual screen throughout the entire year within
a period of two full growing seasons following the planting of the
buffer. Evergreen coniferous trees shall have a minimum height of
six feet when planted. Deciduous trees shall have a minimum caliper
of 3 1/2 inches when planted. All plant material shall conform
to the current American Standard for Nursery Stock sponsored by the
American Association of Nurseryman, Inc.
(3)
Utilities, including stormwater pipes, shall be permitted within
the buffer and setback areas.
(4)
Wooded areas. Where an area required for a buffer is already
wooded, it may be left in its natural state to create the buffer.
(5)
Development in the Zone shall apply the following landscape
standards:
(a)
Landscaping shall be provided as part of a site plan.
(b)
Landscaping shall include a plant palette consisting of deciduous
and evergreen trees, shrubs, and ground cover based upon the premise
to provide material that will best serve the intended function and
use as well as to provide materials appropriate for local soil conditions,
water conservation and the environment.
(c)
The use of native, salt-tolerant, deer-resistant material is
encouraged. Monocultures of material will not be accepted.
(d)
Landscaping shall be provided in public areas and adjacent to
buildings, streets and parking.
(e)
The type and amount of plant material shall be varied throughout
the development with accent given to site entrances. Consider massing
trees at critical points.
(f)
All proposed material shall be drawn to scale to reflect a fifteen-
to twenty-year growth. Planting schedules showing common and botanical
names, installed and mature sizes and horticultural interest shall
be provided along with applicable installation notes and details.
(g)
Planting specification. Deciduous trees shall be at least 3 1/2
inches caliper at planting and should be balled and burlapped. Size
of evergreens should be six feet tall (except in required buffers)
and shrubs two feet tall at planting but may be allowed to vary depending
on setting and type of shrub. Only nursery-grown plant materials shall
be acceptable, and trees, shrubs, and ground cover shall be planted
according to accepted horticultural standards.
(h)
Any development within the Zone shall not be required to submit
a tree survey. However, limits of tree clearing shall be shown as
part of the site plan application.
J.
Parking and loading areas.
(1)
Ordinance §§ 140-214 through 218, § 140-234A(1) and E, and § 140-235 applies with the exception of the standards specifically set forth herein.
(2)
Residential parking shall be installed pursuant to RSIS.
(3)
Nonresidential uses parking shall be installed pursuant to § 140-216A, except that shared parking spaces utilized by more than one-user for any nonresidential uses shall be permitted in consolidated shared parking areas without the need for variance relief where the developer is able to supply the Planning Board with a Traffic and Parking Study signed by a licensed professional traffic engineer demonstrating that off-peak uses in accordance with Institute of Transportation Engineer (ITE) data will require a lesser demand for parking than the individual and cumulative total demand provided by the parking requirements in § 140-216A. Individual parking lots for single-users shall be discouraged but not prohibited.
(4)
Shared loading spaces shall be permitted. Where multiple uses
are provided within a single building, one loading space shall be
sufficient per building. The loading space shall be a minimum of 12
feet by 30 feet.
K.
Other regulations. Developments in the Zone shall be subject to the
following regulations, requirements, and standards:
(1)
All new on-site utilities shall be installed underground subject
to the approval of other governmental agencies.
(2)
All buildings shall be served by public water and sanitary sewer
systems.
(3)
Garbage refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall otherwise comply with §§ 140-250 and 140-251. The developer shall advise at the time of site plan approval whether the garbage refuse and recycling collection for the residences shall be done privately or shall be a Township responsibility.
(4)
New Jersey Residential Site Improvement Standards at N.J.A.C.
5:21 (RSIS) shall govern all residential design requirements for this
Zone, including, but not limited to, parking, roadways, pavement,
and shall take precedence over anything less restrictive contained
in the Land Use and Development Regulations.
(5)
Lighting.
(a)
All areas within the zone shall receive adequate illumination
in accordance with applicable Township Ordinances.
(b)
All exterior lighting shall be full cut-off or dark sky compliant
fixtures, except for accent lighting expressly approved by the Planning
Board.
(c)
All light fixtures shall have a correlated color temperature
of between 3,000° to 3,500° Kelvin.
(6)
Signage. Permitted signage shall be as follows:
(a)
Residential:
[1]
Two freestanding ground signs indicating the name of the development,
and one freestanding leasing directory sign shall be permitted as
follows:
[a]
Each sign shall not exceed 50 square feet;
[b]
Each sign shall be set back at least five feet
from the front, side and rear property lines;
[c]
Each sign shall be a maximum height of 10 feet
above grade.
[d]
Such signs may be illuminated with ground lights
that otherwise comply with the Township's lighting and glare
ordinances and this section.
(b)
Nonresidential/commercial uses (not applicable to the gateway
digital reader board sign):
[1]
Two Type III ground signs shall be permitted.
[2]
In addition, each commercial tenant may have one building-attached
sign on each building elevation not to exceed two square feet for
each foot of store frontage or 50 square feet in area, whichever is
less, exclusive of the aggregate freestanding sign area permitted.
[3]
Convenience store with retail fuel sales signage. In addition
to the signage permitted in this section:
[a]
Maximum of one 10 square foot sign on each fuel
canopy.
[b]
Signs of a maximum of three square feet shall also
be permitted on the fuel-dispensing pumps.
[c]
One Type III ground sign shall be permitted that may include the business name, logo, and fuel pricing in compliance with § 140-219E(2).
(c)
Any signs including additional temporary directional, informational,
or identifications signs, as permitted by the Planning Board in connection
with an approved site plan shall be permitted including any temporary
signs, which shall be removed 60 days after the final dwelling unit
receives a final certificate of occupancy.
(7)
Building design. The purpose of these building design standards is to ensure that they promote a desirable visual and spatial environment. Development shall comply with the building design standards of § 140-252, except as amended in this chapter:
(a)
Front-facing facades are facades visible from any public or
publicly accessible right-of-way. Front-facing facades shall be of
primary exterior building materials, such as brick, stone, wood, stucco,
metal, glass, Hardie plank-cement siding or composite materials and
such similar high-quality materials. Front facing facade materials
shall be used in combination of various materials and not proposed
as a single facade material.
(b)
Buildings shall be designed so that all front-facing facades
(i.e., facades visible from any public or publicly accessible right-of-way)
are consistent in their architectural character in terms of materials,
style, colors, and other aesthetic treatments.
(c)
Colors, materials, and architectural features should be coordinated
on all exterior elevations to achieve a continuity, and harmony of
design amongst all buildings.
(d)
All buildings shall provide architectural elements such as wall
articulation and roofline variations. Box-like shapes and long monolithic
walls with minimal articulation of the walls and rooflines and no
variation in building material are prohibited.
(e)
Where a fully pitched roof throughout would not be practical,
a sloped perimeter roof with a slope of 5/13 or greater shall be permitted
in coordination with a flat roof, provided that the appearance is
that of a full roof. The primary roofing materials shall be standing
seam metal or dimensional shingles.
(f)
Buildings with a pitched roof shall have eaves which overhang
the facade of the building at least 12 inches.
(g)
For any restaurant, outdoor dining may be permitted within the
sidewalk area directly in front of or beside the restaurant space.
Outdoor dining shall be subject to the following conditions:
[1]
A minimum effective sidewalk width of five feet shall be maintained.
[2]
All food preparation shall occur inside the restaurant (other
than menu items prepared table-side).
[3]
Hours of operation for outdoor dining shall be from 6:00 a.m.
to 11:00 p.m. An additional half an hour for cleanup shall be permitted
after the foregoing hours of operation.
[4]
Outdoor entertainment is permitted subject to the Township's
noise ordinance.
(h)
Ordinary projections of principal or accessory buildings allowed
by the State Uniform Construction Code, including, but not limited
to, sills, belt courses, chimneys flues, buttresses, ornamental features,
and eaves, may project not more than 24 inches into required buffer
and setback areas.
(i)
All accessory buildings and structures shall be treated architecturally
to complement the principal buildings.
L.
Certificates of occupancy, improvement, performance, and maintenance guarantees. The provisions of Article XLII and Article XV of the Land Use and Development Regulations shall apply in addition to the following:
(1)
Temporary certificates of occupancy can be issued for portions
of the building, including residential dwelling units in a phase,
such that portions of one phase can be inhabited provided the Construction
Official has determined compliance with all applicable UCC codes,
and the Township Engineer has, where applicable, certified to the
following:
(a)
Utilities and drainage. Utilities, including, but not limited
to, water, gas, storm drains, sanitary sewers, electric lines and
telephone lines shall have been properly installed, and service to
the lot, building or use from such utilities shall be available.
(b)
Circulation and parking. All access and parking areas necessary
to provide access to the building or use in question shall have been
graded and all slope-retaining devices or slope planting shall have
been installed. Bituminous base course paving and curbing has been
properly installed and the number of parking spaces necessary for
the units ready for occupancy are completed.
(c)
Sidewalks. All required sidewalks necessary to provide access
to the building or use in question shall be properly installed.
(d)
Site grading. All site grading necessary to permit proper surface
drainage and prevent erosion of soils shall have been completed in
accordance with the approved soil disturbance plans.
(e)
Public water supply. Where the proposed lot, building or use
is served by a public water supply, said supply shall have been installed
and tested and all required fire hydrants or fire connections shall
have been installed and tested and approved.
(2)
Certificates of occupancy shall be issued to allow the project
to be developed in multiple construction phases, including issuance
of temporary certificates of occupancy for portions of a phase.
M.
Affordable housing development requirements.
(1)
The configuration (unit size and affordability levels) of the
80 affordable housing units shall be designed and completed in accordance
with the Township's Affordable Housing Ordinance, the Township's
Housing Element and Fair Share Plan, the Fair Housing Act (FHA), the
Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.)
(UHAC) and Prior Round Council on Affordable Housing (COAH) regulations
(N.J.A.C. 5:93-1.1, et seq.[1] as follows:
(a)
Deed restriction period. The developer shall have an obligation
to deed restrict the affordable units in the project as very-low-,
low- or moderate-income affordable units for a period of at least
30 years from the date of the initial certificate of occupancy is
issued for each affordable unit (the "deed-restriction period"), so
that the Township may count each affordable unit against its obligation
to provide family rental affordable housing. The affordable units
shall be subject to the deed restriction period, unless and until
the Township, in accordance with applicable law, extends or releases
the controls on affordability. If the Township should choose not to
extend the controls and takes action to release the controls, the
affordability controls shall remain in effect until the date on which
a rental unit shall become vacant, provided that the occupant household
continues to earn a gross annual income of less than 80% of the applicable
median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the
end of 30 years after the date of initial occupancy, a rental household's
income is found to exceed 80% of the regional median income, the rental
rate restriction shall expire at the later of either the next scheduled
lease renewal or 60 days. See Ibid. The term family rental in this
agreement means rental units that are not age restricted.
(b)
Deed restriction. The developer shall execute and record a deed
restriction in a form not inconsistent with the prevailing UHAC regulations
and approved by the Township before the first certificate of occupancy
is issued for the inclusionary development. The deed restriction will
be recorded in the Monmouth County Clerk's office. If this project
is financed with low-income housing tax credits, then the HMFA required
deed restriction shall be provided.
(c)
Income distribution requirements. The affordable dwelling units
shall be split between very-low-, low-, and moderate-income units
and low-income units. Pursuant to N.J.S.A. 52:27D-329.1, no less than
13% of the affordable housing units of each bedroom type shall be
reserved as very low-income housing units, as such term is defined
in N.J.S.A. 52:27D-304 and the UHAC. No less than 37% of the affordable
housing units of each bedroom type shall be available as low-income
housing units and no less than 50% of the affordable housing units
of each bedroom type shall be available as moderate-income housing
units, as such terms are defined in N.J.S.A. 52:27D-304 and the UHAC.
(d)
Bedroom mix. All affordable units shall be subject to the bedroom
distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor
regulation. All new construction affordable housing units shall be
adaptable in conformance with N.J.S.A. 52:27D-311a through 311b, and
all other applicable laws. At least 20% of the affordable units in
each project shall be three bedroom units, but not more than 20% of
the affordable units in each project shall be efficiency and one bedroom
units, and at least 30% of the affordable units in each project shall
be two bedroom units. The balance may be two- or three-bedroom units,
at the discretion of the developer.
(e)
Other affordable housing unit requirements. The developer will
also comply with all of the other requirements of UHAC and the Township's
Affordable Housing Ordinance, including, but not limited to: 1) affirmative
marketing requirements; and 2) candidate qualification and screening
requirements.
(f)
Administrative agent. Unless the developer elects, in its sole
discretion, to serve as the administrative agent for the affordable
units, the developer shall contract with a qualified and experienced
third-party administrative agent, which may be the Township's
administrative agent, for the administration of the affordable units
and shall have the obligation to pay all costs associated with properly
deed restricting the affordable units in accordance with this agreement
for the deed-restriction period. If the developer elects not to serve
as the administrative agent, the developer shall work with the Township
and the Township's administrative agent, should the developer's
and the Township's administrative agent regarding any affordable
housing monitoring requirements imposed by COAH or the Court. In that
event, the developer shall provide, within 30 days after written notice,
detailed information reasonably requested by the Township or the Township's
administrative agent concerning the developer's compliance with
UHAC, the Township's Affordable Housing Ordinance, the Township's
Amended Affordable Housing Plan, all applicable Court orders (including
the Township's JOR Order), and other applicable laws.
(g)
In addition, construction phasing of this development shall
be in the accordance with COAH Prior Round Phasing Regulation [N.J.A.C.
5:93-5.6(d)].[2] The following table illustrates the benchmarks that must
be achieved in the development of the affordable housing in order
to develop the entire project.
|
Minimum Percentage of Affordable Units Completed
|
Percentage of Market Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
[2]
Editor's Note: N.J.A.C. 5:93 et seq. expired 10-16-2016.
[1]
Editor's Note: N.J.A.C. 5:93 et seq. expired 10-16-2016.
(2)
Any development within the Zone shall be subject to the provisions
of N.J.A.C. 5:93-10.1 and 10.2 which set forth limitations on application
requirements and provide a standard of review for the Planning Board
for necessary variances or deviations necessary to accomplish the
intent of this section.
(3)
In accordance with § 140-283 (Affordable housing development fee Ordinance), the entire Zone qualifies as an "Affordable Housing Development" as defined in § 140-283 (including, without limitation, retail, commercial, and mixed-uses), and shall be exempt from the payment of any development fee in accordance with N.J.S.A. 52:27D-329.2, the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), and as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" form. To the extent any fee is required under N.J.S.A. 52:27D-329.2, the developer shall pay one half of the fee upon issuance of the building permit, and the remaining amount due shall be paid before issuance of the certificate of occupancy.
[Added 7-26-2023 by Ord. No. 13-2023]
A.
Purpose. The purpose of this zone is to allow for market-rate residential dwelling units in this AHR-14 Zone, which are a portion of the overall settlement reached under the MOU and Settlement Agreement, and are part of an inclusionary development. All terms as contained in the settlement agreement shall apply and shall supersede the affordable housing regulations contained in Chapter 140 Land Use and Development Regulations. The property is approximately 92 acres in size, and as part of the MOU and Settlement Agreement, Edgewood Properties will convey 43.6+/- acres on the south side of Lot 22 property to the Township ("Township Parcel"), at no cost to the Township, and Edgewood Properties will continue to own 48+/- acres on the north side of the Lot 22 and all of 6.01 ("Northern Parcel").
B.
Access. This zone has been created with anticipated access to Route
138 to be achieved through adjoining Lot 6.01.
C.
Permitted principal uses for the Northern Parcel. In this AHR-14
Zone, no structure shall be erected, altered or occupied other than:
(1)
Up to 97 single-family detached units; or
(2)
Up to 194 senior age-restricted townhouses; or
(3)
A combination of single-family non-age restricted units and
senior age-restricted townhouses in accordance with the following
formula. The developer shall be permitted to build two age-restricted
townhouses for each single-family non-age restricted unit less than
97 that the developer proposes. For example, if the developer elects
to construct 47 single-family units, the developer shall be permitted
to construct 100 senior age-restricted townhouses (two townhouses
x 50 less single-family units).
D.
Permitted accessory uses for the Edgewood parcel. Accessory uses
may be provided but shall not be required as a condition of approval,
and may include, but are not limited to the following:
(1)
Parking areas and electric vehicle charging stations.
(2)
Optional clubhouse buildings with interior amenities, including,
but not limited to, community rooms, wellness and health room(s),
library, meeting rooms, lobbies, laundry areas, mail centers, fitness
rooms, work from home space and other traditional ancillary spaces
intended to serve the residential development.
(3)
Accessory spaces and/or buildings to serve the management and
operations of the development, including, but not limited to: maintenance
areas, other traditional ancillary spaces and temporary management
and leasing office.
(4)
Exterior amenities and recreational facilities and structures
including but not limited to pools, cabanas, open space, gathering
space, pickle ball, tennis and/or bocce courts, bicycle parking, benches
and walkways intended to serve the residential development.
(5)
Dog walking/park areas and dog-washing facilities intended to
serve the residential development.
(6)
Community garden, greenhouse, and garden shed intended to serve
the residential development.
(7)
Private and public utility structures, including generators.
(8)
Trash and recycling enclosures.
(9)
Signage. Permitted signage shall be as follows:
(a)
Two ground signs shall be permitted such that: 1) the maximum
sign area for each sign is not exceed 75 square feet; 2) the sign
shall be set back at least five feet from the front, side and rear
property lines; 3) the sign shall not to exceed a height of seven
feet above grade; and 4) such signs may be illuminated with lights
that comply with the Township's lighting and glare ordinances.
(b)
Directional signs up to four square feet in area and three feet
in height.
(10)
Utility shed for equipment storage.
(11)
Temporary construction and leasing trailers, with the proviso
that there will be a time limit to allow temporary construction and
leasing trailers on site, and placed in a suitable location.
(12)
Solar and renewable energy installations.
(13)
Other accessory uses customarily incidental to a permitted residential
use.
E.
Other regulations. Developments in the AHR-14 Zone shall be subject
to the following regulations, requirements, and standards and shall
supersede all other sections of the Wall Township Lane Use Ordinance:
(1)
All new utilities shall be installed underground.
(2)
All dwelling units shall be served by public water and sanitary
sewer systems.
(3)
New Jersey Residential Site Improvement Standards at N.J.A.C.
5:21 (RSIS) shall govern all design requirements for this Zone, including,
but not limited to, parking, roadways, pavement, and shall take precedence
over anything to the contrary contained in the Land Use and Development
Regulations.
F.
Bulk criteria single-family homes:
(1)
Minimum lot area: 14,000 square feet.
(2)
Minimum lot frontage: 65 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Maximum building lot coverage: 20%.
(5)
Accessory building coverage: 3%.
(6)
Maximum impervious surface lot coverage: 35%.
(7)
Minimum front yard setback: 30 feet.
(8)
Minimum side yard setback: 10 feet.
(9)
Minimum rear yard setback: 15 feet.
(10)
Maximum stories/building height: 2.5 stories/35 feet.
G.
Bulk criteria age-restricted townhomes:
(1)
Maximum building tract coverage: 30%.
(2)
Maximum impervious surface tract coverage: 60% maximum.
(3)
Minimum front yard setback: 15 feet.
(4)
Minimum side yard setback: 20 feet.
(5)
Minimum rear yard setback: 15 feet.
(6)
Minimum stories/building height: three stories/45 feet.
(7)
Minimum distance between buildings: 20 feet.
(8)
Maximum number of dwelling units per building: eight.
H.
Affordable housing development fees. In accordance with § 140-283 (Affordable housing development fee Ordinance), the entire Zone qualifies as an "affordable housing development" as defined in § 140-283 (including without limitation, retail, commercial, and mixed-uses), and shall be exempt from the payment of any development fee in accordance with N.J.S.A. 52:27D-329.2, the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), and as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" form. To the extent any fee is required under N.J.S.A. 52:27D-329.2, the developer shall pay one half of the fee upon issuance of the building permit, and the remaining amount due shall be paid before issuance of the certificate of occupancy.
[Added 12-6-2023 by Ord. No. 16-2023]
A.
Purpose. The purpose of this AH-12 Zone is to allow for a multifamily
project of mixed residential uses that partially addresses the Township's
affordable housing obligation. The AH-12 Zone is an inclusionary district
permitting a maximum of 187 residential units, consisting of 161 market
rate units and 26 family affordable rental units, which will be a
mix of very-low-, low- and moderate-income units. There shall be a
maximum of 59 for-sale townhouse units and 128 apartment units.
B.
Relationship between the overall tract and subdivided parcels. This Zone has been adopted to include one overall tract, containing the entirety of the inclusionary multifamily development along with all ancillary components. This Zone may operate under a technical subdivision provision pursuant to § 140-81 of the Land Use and Development Regulations of the Township of Wall (this "chapter"), which allows the project to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
C.
Permitted principal uses. In this Zone, no premises shall be used,
and no structure shall be erected, altered or occupied for any purposes
except the following:
D.
Permitted accessory uses. Accessory uses may provide but shall not
be required as a condition of approval:
(1)
Parking areas and electric vehicle charging stations.
(2)
Interior amenities, including, but not limited to: community
room, wellness and health room(s), library, meeting rooms, lobbies,
laundry areas, mail centers, fitness rooms, and other traditional
ancillary spaces intended to serve the residents.
(3)
Interior accessory spaces including but not limited to: management
and leasing offices, maintenance areas, and other traditional ancillary
spaces intended to serve the management and operations of the development.
(4)
Exterior amenities and recreational facilities and structures
including but not limited to clubhouse, open space, gathering space,
bicycle parking, benches and walkways intended to serve the residents.
(5)
Patios, balconies, decks, porches, and privacy walls intended
to serve the residents.
(6)
Community garden, greenhouse, and garden shed intended to serve
the residents.
(7)
Private and public utility structures, including standby generators,
transformer pads, air-conditioning condensers, well and pool pump
equipment as approved by the Planning Board.
(8)
Trash, trash compactors and recycling enclosures.
(9)
Signage. Provisions of the Wall Township sign regulations contained in Article XXIX of this chapter shall not apply. Instead, the following provisions are applicable in this Zone:
(a)
One main entry sign for each developed parcel (apartment tract
and townhouse tract), limited to a total of two signs, is permitted
and may be illuminated.
(b)
Main entry sign shall not exceed 15 square feet in area nor
eight feet in height.
(c)
Directional and information signs are permitted, not to exceed
five square feet in area and seven feet in height.
(d)
Minimum setback from property line shall be 10 feet.
(e)
Minimum distance between main entry signs shall be 40 feet.
(10)
Stormwater management facilities.
(11)
Fences and walls.
(12)
Maintenance building.
(13)
Utility shed for equipment storage.
(14)
Temporary construction trailers.
(15)
Accessory uses customarily incidental to a permitted principal
use as approved by the Planning Board.
E.
Compliance with site plan standards, subdivision standards and regulations.
Unless provided to the contrary herein, applications for development
in this Zone shall follow and be subject to the applicable procedures,
regulations, standards and guidelines required for preliminary and
final site plan and/or subdivision review of this chapter and other
applicable ordinances which are incorporated herein by reference.
F.
Maximum regulations. Development in the Zone shall be subject to
the following maximum regulations:
(1)
Maximum market rate units: 161 market rate dwelling units.
(2)
Impervious surfaces. The maximum total impervious surface shall
not exceed 60% of the developable area of the tract.
(3)
Building coverage. The maximum total lot coverage by buildings
shall be 30% of the total area of the tract.
(4)
Residential units per building. The maximum residential units
per multifamily building shall be 32. The maximum residential units
per building in townhouses shall be six.
(5)
Principal building length. The maximum principal building length
shall not exceed 200 feet. Where two walls intersect at an angle greater
than 90°, the maximum building length shall be determined as the
sum of both individual wall lengths.
(6)
Building height. Building height standards shall comply with § 140-197 of this chapter except as otherwise established in this Zone.
(a)
Each townhouse shall be limited to 2.5 stories and 35 feet and
shall include the option of a basement. Up to 50% of townhouse units
can be constructed with a walk-out basement.
(b)
Each multifamily building shall be a maximum of four stories
and 50 feet as measured from the average proposed finished grade at
each building corner to the mid-point of the roof.
(c)
Height limitations in this zone may be exceeded by not more
than 10 feet by architectural appurtenances and enhancements such
as pediments, parapets, walls, turrets or cornices; rooftop equipment
such as skylights, heating and air-conditioning equipment and ventilators;
chimneys, stair or elevator towers, or noncommercial radio and television
antennas or lightning rods; and further provided that the cumulative
total of such facilities shall not cover more than 15% of the building
roof area. Height limitations for architectural appurtenances such
as spires, belfries, cupolas, domes or similar structures shall be
permitted to exceed the height limitations herein by not more than
10 feet.
(d)
Accessory clubhouse and maintenance building shall be limited
to one story and 25 feet in height.
G.
Minimum regulations. Development in the Zone shall be subject to
the following minimum regulations:
(1)
Overall tract requirements:
(a)
Minimum affordable housing units: 26 multifamily rental units.
(b)
Minimum principal building setback from external tract lines:
50 feet.
(c)
Minimum principal building setback from external tract lines
abutting a residential district or residential use: 50 feet to townhouses
and 80 feet to multifamily buildings.
(d)
Minimum building setback from parking: 10 feet.
(e)
Minimum building setback from parking aisles, or internal circulation
roadways: 15 feet.
(f)
Minimum building setback from internal lot lines: zero feet.
(g)
Minimum accessory building setback from external tract boundary:
50 feet.
(h)
Minimum distance between principal structures: 35 feet, except
it shall be zero feet along an internal lot line.
(i)
Minimum distance between accessory buildings/structures and
between principal and accessory buildings/structures: 15 feet.
(2)
(3)
Open space and recreation areas. The applicant shall provide
recreational amenities for townhouse and multifamily residents, including:
(a)
A recreation building or clubhouse with a minimum size of 25
square feet for each dwelling unit in the development.
(b)
Open lawn play area(s) with a minimum combined square footage
of 1,000 square feet.
(c)
Picnic/barbecue area(s).
(d)
Bicycle parking.
(e)
Three or more of the following facilities: a swimming pool of
a minimum size of 800 square feet, bocce court, pickleball court,
tot lot/play area, tennis court, basketball court, community garden,
exercise area, off-leash dog area, and other related recreational
amenities as approved by the Board. For the purposes of this subsection,
a swimming pool shall count as two facilities.
H.
Buffer and landscape areas. Development in the Zone shall not be subject to buffer, landscaping and screening requirements of § 140-212 of this chapter and the following buffer, landscaping and screening standards shall apply:
(1)
Buffer location. Except as otherwise permitted by the approving
authority, where the overall tract abuts an existing residential use
or zone district, a landscaped buffer strip at least 50 feet in width
shall be permanently maintained along the property line abutting such
zone or use and a four-story structure. For all other structures the
buffer width shall be a minimum of 25 feet. Existing vegetation may
serve as the landscaped buffer strip.
(2)
Buffer areas shall consist of massed evergreen and deciduous
trees and shrubs planted in such a manner that will provide a continuous
visual screen throughout the entire year within a period of two full
growing seasons following the planting of the buffer. Evergreen coniferous
trees shall have a minimum height of six feet when planted. Deciduous
trees shall have a minimum caliper of three inches when planted. All
plant material shall conform to the current American Standard for
Nursery Stock sponsored by the American Association of Nurseryman,
Inc.
(3)
Use of buffer areas. Required buffers shall be used for no other
purpose than as a buffer and as a part of the required open space
of the tract. The only structures which may be erected within a buffer
area are retaining walls, walkways, stormwater management underground
piping and structures.
(4)
Wooded areas. Where an area required for a buffer is already
wooded, it may be left in its natural state to create the buffer,
and the existing growth shall be supplemented with additional plant
material where necessary as required by the approving authority.
(5)
All mechanical equipment, trash enclosures, and related accessory
structures shall be screened from view from adjacent public roadways,
residential districts and residential uses.
(6)
Development in the Zone shall not be subject to landscaping and landscape design requirements of Article XXXVII or § 140-278 of this chapter, and should instead apply the following landscape standards:
(a)
A landscaping plan prepared by a licensed landscape architect
(LLA) licensed in the State of New Jersey. The plan shall be prepared
with the following design principles in mind:
[1]
An overall recurring pattern of plant groupings and material
shall be provided throughout the site, integrating the various elements
of site design to create pleasing and identifiable site characteristics.
[2]
Landscaping shall include a plant palette consisting of deciduous
and evergreen trees, shrubs, ground cover, perennials and annuals.
[3]
The use of native, salt-tolerant, deer-resistant material is
encouraged. Monocultures of material will not be accepted.
[4]
Where existing natural growth is proposed to remain, the plans
shall include methods, notes and details to protect existing trees
and growth during and after construction.
[5]
Plant species variety shall be selected with consideration given
to different colors, textures, shapes, blossoms and foliage and should
provide a four-season interest.
[6]
Landscaping shall be provided in public areas and adjacent to
buildings to screen parking areas, mitigate adverse impacts, and provide
windbreaks for winter winds and summer cooling for buildings, streets
and parking.
[7]
Plant selection shall be based upon the premise to provide material
that will best serve the intended function and use as well as to provide
materials appropriate for local soil conditions, water conservation
and the environment.
[8]
The type and amount of plant material shall be varied throughout
the development with accent given to site entrances. Consider massing
trees at critical points.
[9]
Consideration shall be given as to the choice and location of
plant materials in order to screen or create views, to define boundaries
between private and common open space, to minimize noise, to articulate
outdoor spaces and define circulation systems.
[10]
All proposed material shall be drawn to scale
to reflect a fifteen to twenty-year growth. Planting schedules showing
common and botanical names, installed and mature sizes and horticultural
interest shall be provided along with applicable installation notes
and details.
[11]
Landscaping shall be provided as part of a site
plan. It shall be conceived in a total pattern throughout the site,
integrating the various elements of site design, preserving and enhancing
the particular identity of the site, and creating a pleasing site
character.
[12]
All trees shall be guaranteed for a minimum of
one year from the time of planting by the applicant against death
and disease.
[13]
Planting specification. Deciduous trees shall
be at least three inches caliper at planting and should be balled
and burlapped. Size of evergreens should be six feet tall and shrubs
two feet tall at planting but may be allowed to vary depending on
setting and type of shrub. Only nursery-grown plant materials shall
be acceptable, and trees, shrubs, and ground cover shall be planted
according to accepted horticultural standards. Dead and dying plants
shall be replaced during the following planting season.
I.
Other regulations. Developments in the Zone shall be subject to the
following regulations, requirements, and standards:
(1)
All new utility piping, conduits and structures shall be installed
underground.
(2)
All dwelling units shall be served by public water and sanitary
sewer systems.
(3)
Garbage refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with Article XXXV of the Land Use and Development Regulations.
(4)
New Jersey Residential Site Improvement Standards at N.J.A.C.
5:21 (RSIS) shall govern all design requirements for this Zone, including,
but not limited to, parking, roadways, pavement, and shall take precedence
over anything to the contrary contained in the Land Use and Development
Regulations. De minimus exceptions to RSIS shall be permitted.
(5)
Parking. Development in the Zone shall not be subject to parking and loading requirements of Article XXVIII and § 140-234 of this chapter, and should instead apply the following parking requirements:
(a)
Parking stalls shall be nine feet by 18 feet and parking aisles
shall be at least 24 feet wide. Handicapped accessible spaces shall
be eight feet wide with a five-foot aisle or eight feet wide with
an eight-foot aisle for van accessible spaces.
(6)
All detention basins and stormwater management facilities located
within the Zone shall comply with all applicable regulations under
the Flood Hazard Control Act, N.J.S.A. 58:16A-50 et seq., and the
New Jersey Stormwater Management Act, N.J.A.C. 7:8 et seq. If any
wetlands areas are utilized for stormwater management, the regulations
of the New Jersey Department of Environmental Protection shall apply,
and any inconsistent provisions of the applicable Wall Township ordinance
does not apply. Trees, shrubs, and other vegetation may be planted
on the slopes or banks and the floor of detention basins or facilities
constructed in fill, provided the landscaping is attractively maintained.
All detention and retention basins with permanent dry-weather pools
of water shall have a water depth to minimize propagation of mosquitoes
and provided with mechanical aeration for water quality.
(7)
Slopes. Slopes shall be no greater than 3:1, except slopes along
a right-of-way, which shall be no steeper than a ratio of 5:1 (horizontal
to vertical). Other slopes shall comply with RSIS.
(8)
Soil removal. Chapter 188, Soil Removal, shall not apply. The provisions of § 140-117 of this chapter pertaining to the removal of soil shall apply to development in the Zone as modified as follows:
(9)
Section 140-252, Building design standards, of this chapter shall be replaced with the following requirements for this Zone:
(a)
All buildings shall be located with proper consideration of
their orientation and relationship to other buildings, both existing
and proposed in terms of light, air and usable open space, access
to public right-of-way and off-street parking; height and bulk; drainage
and existing topography; trees and vegetation; and other natural features
and land forms.
(b)
Development shall be designed to provide protection of the development
from potentially adverse surrounding influence, and protection of
surrounding areas from potentially adverse influence within the development.
(c)
Elevators, vestibules and corridors of new buildings shall be
designed so as to accommodate the gurneys used by the Township Emergency
Services Department and the Township's volunteer first-aid squads.
(d)
New building construction shall be required to incorporate any
communications equipment necessary to insure the proper operation
of the mobile communications equipment utilized by the Police Department,
such as satellite receivers or frequency enhancers, as determined
by the Chief of Police or his designate.
(e)
Exterior appearance and treatment:
[1]
All major entrances to buildings shall be properly identified
with architectural elements such as recessed entranceways, projected
overhangs, and porticoes.
[2]
Window and door openings shall include appropriate trim and
either recesses or overhangs to promote a harmonious variety of light
and shade on the facade of the building.
[3]
Appurtenances such as, but not limited to, tanks, condenser
units and other equipment shall be fully screened from view.
[4]
All roof planes or caps meeting the exterior facade shall have
overhangs or appropriate cornice and trim details.
[5]
Buildings shall be designed to be attractive from all vantage
points, including fences, storage areas and rear entrances.
[6]
Colors, materials and finishes shall be coordinated in all exterior
elevations of buildings to achieve continuity of expression.
[7]
Exterior materials shall include appropriate texture and trim
to prevent large undifferentiated facades of the same material.
[8]
Buildings shall be designed to avoid long straight, unbroken
lines.
[9]
The entrance and exit access drives shall be combined in one
location, if possible, and the entrance and exit approaches shall
be separated by a decorative, landscaped island that shall be planted
with year-round and seasonal plantings to enhance the appearance of
the property's frontage.
[10]
All buildings shall provide architectural elements
such as wall articulations and roofline variations. Box-like building
shapes that offer minimal articulation of the walls and roofline shall
be prohibited.
[11]
Facades shall be articulated with horizontal divisions
to reflect the traditional building elements of cap, wall and base.
The cap shall feature either pitched roofs or articulated cornices
and a change of color and material. The wall may include a horizontal
division for the top of the ground story. Architectural divisions
shall have sufficient reveal to promote shadows on the facade of the
building
[12]
Primary building materials shall feature earth-tone
colors. For the purposes of this chapter, earth-tone colors are defined
as colors that draw from a palette of muted or weathered colors in
an emulation of the predominant natural coloration of brown and gray
soils, tree bark, leafy vegetation and rocks. The preferred earth
tones on buildings shall be tans, beiges, sands, browns, warm grays,
and soft greens. In addition, creams, pale peach, pale yellows, soft
blues, cool grays, white, off-whites, and soft red colors are also
acceptable. Accent colors may be used, provided that they appear as
secondary visual elements to the primary materials. Bold, disjointed
or recognizable color combinations or color patterns that form a corporate
or commercial identity or logo shall be considered a sign for the
purposes of this section and shall be prohibited.
[13]
Retaining walls shall be constructed of durable
masonry materials that complement the site design and building architecture.
(f)
Lighting. Development in the Zone shall not be subject to lighting requirements of Article XXXVIII or § 140-213 of this chapter, and should instead apply the following lighting standards:
[1]
All outdoor lighting shall be aimed, located, designed, fitted
and maintained so as not to present a disabling glare hazard to drivers
or a nuisance to neighboring properties.
[2]
Lighting shall be controlled by automatic switching devices,
such as timers, motion detectors, and/or photocells, to extinguish
potentially offending, nonessential light sources overnight, to minimize
glare and sky-lighting impacts.
[3]
Glare shall be controlled through the use of sharp cutoff fixtures,
the appropriate application of mounting height, wattage, aiming, fixture
placement, and fixture design, etc., and the addition of shields and
baffles as necessary.
[4]
Applicants shall use fixtures to complement the building architecture.
Pole-mounted lights shall be a maximum of 20 feet tall. Floodlights
and spotlights shall not be permitted.
J.
Certificates of occupancy.
(1)
Temporary certificates of occupancy can be issued for portions
of the building, including residential dwelling units in a phase,
such that portions of one phase can be inhabited provided the Township
Engineer has, where applicable, certified to the following:
(a)
Utilities and drainage. Utilities, including, but not limited
to, water, gas, storm drains, sanitary sewers, electric lines and
telephone lines shall have been properly installed, and service to
the lot, building or use from such utilities shall be available.
(b)
Circulation and parking. All access and parking areas necessary
to provide access to the building or use in question shall have been
graded and all slope-retaining devices or slope planting shall have
been installed. Bituminous base course paving and curbing has been
properly installed and the number of parking spaces necessary for
the units ready for occupancy are completed. Any necessary traffic
control or signage required for safety has been installed.
(c)
Sidewalks. All required sidewalks necessary to provide access
to building or use in question shall have been properly installed.
(d)
Site grading. All site grading necessary to permit proper surface
drainage and prevent erosion of soils shall have been completed in
accordance with the approved soil disturbance plans.
(e)
Public water supply. Where the proposed lot, building or use
is served by a public water supply, said supply shall have been installed
and tested and all required fire hydrants or fire connections shall
have been installed and tested and approved.
(2)
Certificates of occupancy shall be issued to allow the project
to be developed in multiple construction phases, including issuance
of temporary certificates of occupancy for portions of a phase.
K.
Affordable housing development requirements.
(1)
Townhouse affordable obligation. The affordable housing obligation
of the townhouse component of the project shall be addressed through
the dedication of land to the Township for affordable housing purposes
or to a designee of the Township for affordable housing purposes as
an in-lieu contribution pursuant to an affordable housing agreement
with the Township.
(2)
Apartment affordable housing obligation. The configuration (unit
size and affordability levels) of the 26 affordable housing apartment
units shall be designed and completed in accordance with the Township's
Affordable Housing Ordinance, the Township's Housing Element
and Fair Share Plan, the Fair Housing Act (FHA), the Uniform Housing
Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) (UHAC) and Prior
Round Council on Affordable Housing (COAH) regulations (N.J.A.C. 5:93-1.1,
et seq.)[1] as follows:
(a)
Deed restriction period. The developer shall have an obligation
to deed restrict the affordable units in the project as very-low-,
low- or moderate-income affordable units for a period of at least
30 years from the date of the initial certificate of occupancy is
issued for each affordable unit (the "deed-restriction period"), so
that the Township may count each affordable unit against its obligation
to provide family rental affordable housing. The affordable units
shall be subject to the deed restriction period, unless and until
the Township, in accordance with applicable law, releases the controls
on affordability. If the Township should choose to release the controls
after expiration of the deed-restriction period, the affordability
controls shall remain in effect until the date on which a rental unit
shall become vacant, provided that the occupant household continues
to earn a gross annual income of less than 80% of the applicable median
income. See N.J.A.C. 5:80-26.11(b). If, at any time after the end
of 30 years after the date of initial occupancy, a rental household's
income is found to exceed 80% of the regional median income, the rental
rate restriction shall expire at the later of either the next scheduled
lease renewal or 60 days. See Ibid. The term family rental in this
agreement means rental units that are not age restricted.
(b)
Deed restriction. The developer shall execute and record a deed
restriction in a form not inconsistent with the prevailing UHAC regulations
and approved by the Township before the first certificate of occupancy
is issued for the inclusionary development. The deed restriction will
be recorded in the Monmouth County Clerk's office. If this project
is financed with low income housing tax credits (LIHTC), then the
HMFA required deed restriction shall be provided.
(c)
Income distribution requirements. The affordable dwelling units
shall be split between very-low-, low-, and moderate-income units
and low-income units. Pursuant to N.J.S.A. 52:27D-329.1, no less than
13% of the affordable housing units of each bedroom type shall be
reserved as very-low-income housing units, as such term is defined
in N.J.S.A. 52:27D-304 and the UHAC. No less than 50% of the affordable
housing units of each bedroom type shall be available as low-income
housing units (with very-low-income units counting as low-income units)
and no less than 50% of the affordable housing units of each bedroom
type shall be available as moderate-income housing units, as such
terms are defined in N.J.S.A. 52:27D-304 and the UHAC.
(d)
Bedroom mix. All affordable units shall be subject to the bedroom
distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor
regulation. All new construction affordable housing units shall be
adaptable in conformance with N.J.S.A. 52:27D-311a through 311b, and
all other applicable laws. At least 20% of the affordable units in
each project shall be three-bedroom units, but not more than 20% of
the affordable units in each project shall be efficiency and one-bedroom
units, and at least 30% of the affordable units in each project shall
be two-bedroom units. The balance of two or three-bedroom units shall
be at the discretion of the developer.
(e)
Other affordable housing unit requirements. The developer will
also comply with all of the other requirements of UHAC and the Township's
Affordable Housing Ordinance, including, but not limited to: 1) affirmative
marketing requirements, and 2) candidate qualification and screening
requirements.
(f)
Although projects receiving federal low income housing tax credits
from the HMFA are not required to comply with UHAC requirements, the
developer will work with the Township to ensure that all of the affordable
units in the project are creditworthy under the specific requirements
described in this section and in the developer's agreement between
the Township and the developer.
(g)
Administrative agent. The developer and/or its affiliate may
elect, in its sole discretion, to serve as the administrative agent
for the affordable units. Unless the developer elects to serve as
the administrative agent for the affordable units, the developer shall
contract with a qualified and experienced third-party administrative
agent, which may be the Township's administrative agent, for
the administration of the affordable units and shall have the obligation
to pay all costs associated with properly deed restricting the affordable
units in accordance with this agreement for the deed-restriction period,
and shall work with the developer's and the Township's administrative
agent regarding any affordable housing monitoring requirements imposed
by COAH or the Court. In that event, the developer shall provide,
within 30 days after the written notice, detailed information reasonably
requested by the Township or the Township's administrative agent
concerning the developer's compliance with UHAC, the Township's
Affordable Housing Ordinance, the Township's Amended Affordable
Housing Plan, all applicable Court orders (including the Township's
JOR Order), and other applicable laws.
(h)
In addition, construction phasing of the apartments shall be
in the accordance with COAH Prior Round Phasing Regulation [N.J.A.C.
5:93-5.6(d)].[2] The townhouses, that have their own affordable obligation pursuant to Subsection K(1) above are not subject to this phasing requirement. The following table illustrates the benchmarks that must be achieved in the development of the affordable housing in order to develop the entire project.
|
Minimum Percentage of Affordable Units Completed
|
Percentage of Market Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
[2]
Editor's Note: N.J.A.C. 5:93 et seq. expired 10-16-2016.
[1]
Editor's Note: N.J.A.C. 5:93 et seq. expired 10-16-2016.
(3)
Any development within the Zone shall be subject to the provisions
of N.J.A.C. 5:93-10.1 and 10.2 which set forth limitations on application
requirements and provide a standard of review for the Planning Board
for necessary variances or deviations necessary to accomplish the
intent of this section.
(4)
In accordance with § 140-283 (Affordable housing development fee Ordinance), the entire Zone qualifies as an "Affordable Housing Development" as defined in § 140-283 (including without limitation, retail, commercial, and mixed-uses), and shall be exempt from the payment of any development fee in accordance with N.J.S.A. 52:27D-329.2, the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), and as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" form. To the extent any fee is required under N.J.S.A. 52:27D-329.2, the Developer shall pay one half of the fee upon issuance of the building permit, and the remaining amount due shall be paid before issuance of the certificate of occupancy.
[Added 12-6-2023 by Ord. No. 16-2023]
A.
Purpose. The purpose of this AH-13 Zone is to allow for a multifamily
project that partially addresses the Township's affordable housing
obligation by allowing a 100% affordable, noninclusionary development
of no less than 56 rental apartments, six one-bedroom supportive and
special needs bedrooms and four two-bedroom supportive and special
needs affordable to very-low-, low- and moderate-income households
and accessory uses described herein that will deliver a total of 66
units and 70 affordable housing credits for the Township.
B.
Relationship between the overall tract and subdivided parcels. This Zone may operate under a technical subdivision provision pursuant to § 140-81 of the Land Use and Development Regulations of the Township of Wall (this "chapter"), which allows the project to comply with the bulk and area requirements of the overall tract instead of the post-subdivision lots, as applicable. Cross-access, utility, and other easements shall be applicable to the overall tract.
D.
Permitted accessory uses. Accessory uses may provide but shall not
be required as a condition of approval:
(1)
Parking areas and electric vehicle charging stations.
(2)
Interior amenities, including, but not limited to: community
room, wellness and health room(s), library, meeting rooms, lobbies,
laundry areas, mail centers, fitness rooms, and other traditional
ancillary spaces intended to serve the residents.
(3)
Interior accessory spaces including but not limited to: management
and leasing offices, maintenance areas, and other traditional ancillary
spaces intended to serve the management and operations of the development.
(4)
Exterior amenities and recreational facilities and structures
including but not limited to open space, gathering space, bicycle
parking, benches and walkways intended to serve the residents.
(5)
Patios, balconies, and porches intended to serve the residents.
(6)
Community garden, greenhouse, and garden shed intended to serve
the residents.
(7)
Private and public utility structures, including standby generators
intended to serve the residents.
(8)
Trash and recycling enclosures intended to serve the residents.
(9)
Signage. Provisions of the Wall Township Sign regulations contained in Article XXIX of this chapter shall not apply. Instead, the following provisions are applicable in this Zone:
(a)
One main entry sign is permitted and may be illuminated.
(b)
Main entry sign shall not exceed 15 square feet in area nor
six feet in height and minimum setback of five feet from property
line.
(c)
Directional and information signs are permitted, not to exceed
five square feet in area limited to seven feet in height.
(10)
Stormwater management facilities.
(11)
Fences and walls.
(12)
Utility shed for equipment storage.
(13)
Temporary construction trailers.
(14)
Accessory uses customarily incidental to a permitted principal
use as approved by the Planning Board.
E.
Compliance with site plan standards, subdivision standards and regulations.
Unless provided to the contrary herein, applications for development
in this Zone shall follow and be subject to the applicable procedures,
regulations, standards and guidelines required for preliminary and
final site plan and/or subdivision review of this chapter and other
applicable ordinances which are incorporated herein by reference.
F.
Maximum regulations. Development in the Zone shall be subject to
the following maximum regulations:
(1)
Impervious surfaces. The maximum total impervious surface shall
not exceed 60% of the developable area of the tract.
(2)
Building coverage. The maximum total lot coverage by buildings
shall be 30% of the total area of the tract.
(3)
Principal building length. The maximum principal building length
for multifamily buildings shall be 120 feet.
(4)
Building height. Building height standards shall comply with § 140-197 of this chapter except as otherwise established in this Zone.
(a)
Each multifamily building shall be a maximum of three stories
and 40 feet as measured from the average proposed finished grade at
each building corner to the mid-point of the roof. However, multifamily
buildings shall be a maximum of four stories and 50 feet as measured
from the average proposed finished grade at each building corner to
the mid-point of the roof provided the buildings are located a minimum
of 125 feet from the Wyckoff Road Right-of-Way and 60 feet from the
Megill Road Right-of-Way.
(b)
Height limitations in this zone may be exceeded by not more
than 10 feet by architectural appurtenances and enhancements such
as pediments, parapets, walls, turrets or cornices; rooftop equipment
such as skylights, heating and air-conditioning equipment and ventilators;
chimneys, stair or elevator towers, or noncommercial radio and television
antennas or lightning rods; and further provided that the cumulative
total of such facilities shall not cover more than 15% of the building
roof area. Height limitations for architectural appurtenances such
as spires, belfries, cupolas, domes or similar structures shall be
permitted to exceed the height limitations herein by not more than
10 feet.
G.
Minimum regulations. Development in the Zone shall be subject to
the following minimum regulations:
(1)
Overall tract requirements for multifamily developments:
(a)
Residential rental units: minimum of 66 family rental units.
(b)
Minimum principal building setback from external tract lines:
50 feet.
(c)
Minimum building setback from parking, parking aisles and designated
dropoff areas: 10 feet.
(d)
Minimum building setback from internal circulation roadways:
15 feet.
(e)
Minimum building setback from internal lot lines: zero feet.
(f)
Minimum accessory building setback from external tract boundary:
50 feet.
(g)
Minimum accessory building setback from parking: eight feet.
(h)
Minimum accessory building setback from principal buildings:
10 feet.
(i)
Minimum distance between principal structures: 35 feet, except
it shall be zero feet along an internal lot line.
(j)
Minimum distance between principal structures and accessory
structures: 10 feet.
H.
Buffer and landscape areas. Development in the Zone shall not be subject to buffer, landscaping and screening requirements of § 140-212 of this chapter and the following buffer, landscaping and screening standards shall apply:
(1)
Buffer location. Except as otherwise permitted by the approving
authority, where the overall tract abuts an existing residential use
or zone district, a landscaped buffer strip at least 50 feet in width
shall be permanently maintained along the property line abutting such
zone or use and a four-story structure. For all other structures the
buffer width shall be a minimum of 25 feet. Existing vegetation may
serve as the landscaped buffer strip.
(2)
Buffer areas shall consist of massed evergreen and deciduous
trees and shrubs planted in such a manner that will provide a continuous
visual screen throughout the entire year within a period of two full
growing seasons following the planting of the buffer. Evergreen coniferous
trees shall have a minimum height of six feet when planted. Deciduous
trees shall have a minimum caliper of three inches when planted. All
plant material shall conform to the current American Standard for
Nursery Stock sponsored by the American Association of Nurseryman,
Inc.
(3)
Use of buffer areas. Required buffers shall be used for no other
purpose than as a buffer and as a part of the required open space
of the tract. The only structures which may be erected within a buffer
area are retaining walls, walkways, and ingress or egress drives.
(4)
Wooded areas. Where an area required for a buffer is already
wooded, it may be left in its natural state to create the buffer,
and the existing growth shall be supplemented with additional plant
material where necessary as required by the approving authority.
(5)
All mechanical equipment, trash enclosures, and related accessory
structures shall be screened from view from adjacent public roadways,
residential districts and residential uses.
(6)
Development in the Zone shall not be subject to landscaping and landscape design requirements of Article XXXVII or § 140-278 of this chapter, and should instead apply the following landscape standards:
(a)
A landscaping plan prepared by a licensed landscape architect
(LLA) licensed in the State of New Jersey. The plan shall be prepared
with the following design principles in mind:
[1]
An overall recurring pattern of plant groupings and material
shall be provided throughout the site, integrating the various elements
of site design to create pleasing and identifiable site characteristics.
[2]
Landscaping shall include a plant palette consisting of deciduous
and evergreen trees, shrubs, ground cover, perennials and annuals.
[3]
The use of native, salt-tolerant, deer-resistant material is
encouraged. Monocultures of material will not be accepted.
[4]
Where existing natural growth is proposed to remain, the plans
shall include methods, notes and details to protect existing trees
and growth during and after construction.
[5]
Plant species variety shall be selected with consideration given
to different colors, textures, shapes, blossoms and foliage and should
provide a four-season interest.
[6]
Landscaping shall be provided in public areas and adjacent to
buildings to screen parking areas, mitigate adverse impacts, and provide
windbreaks for winter winds and summer cooling for buildings, streets
and parking.
[7]
Plant selection shall be based upon the premise to provide material
that will best serve the intended function and use as well as to provide
materials appropriate for local soil conditions, water conservation
and the environment.
[8]
The type and amount of plant material shall be varied throughout
the development with accent given to site entrances. Consider massing
trees at critical points.
[9]
Consideration shall be given as to the choice and location of
plant materials in order to screen or create views, to define boundaries
between private and common open space, to minimize noise, to articulate
outdoor spaces and define circulation systems.
[10]
All proposed material shall be drawn to scale
to reflect a fifteen- to twenty-year growth. Planting schedules showing
common and botanical names, installed and mature sizes and horticultural
interest shall be provided along with applicable installation notes
and details.
[11]
Landscaping shall be provided as part of a site plan. It shall
be conceived in a total pattern throughout the site, integrating the
various elements of site design, preserving and enhancing the particular
identity of the site, and creating a pleasing site character.
[12]
All trees shall be guaranteed for a minimum of
one year from the time of planting by the applicant against death
and disease.
[13]
Planting specification. Deciduous trees shall
be at least three inches caliper at planting and should be balled
and burlapped. Size of evergreens should be six feet tall and shrubs
two feet tall at planting but may be allowed to vary depending on
setting and type of shrub. Only nursery-grown plant materials shall
be acceptable, and trees, shrubs, and ground cover shall be planted
according to accepted horticultural standards. Dead and dying plants
shall be replaced during the following planting season.
I.
Other regulations. Developments in the Zone shall be subject to the
following regulations, requirements, and standards:
(1)
All new utility piping, conduits and structures shall be installed
underground.
(2)
All dwelling units shall be served by public water and sanitary
sewer systems.
(3)
Garbage refuse storage and recyclable collection areas suitable for containerized collection shall be provided. Such areas shall be screened from view and shall otherwise comply with Article XXXV of the Land Use and Development Regulations, except that no individual dwelling unit shall be required to contain recycling or refuse storage.
(4)
New Jersey Residential Site Improvement Standards at N.J.A.C.
5:21 (RSIS) shall govern all design requirements for this Zone, including,
but not limited to, parking, roadways, pavement, and shall take precedence
over anything to the contrary contained in the Land Use and Development
Regulations. De minimus exceptions to RSIS shall be permitted.
(5)
Notwithstanding anything to the contrary either in the Land
Development Regulations or RSIS, sidewalks may be provided but are
not required along the property frontage. Where sidewalks are provided,
they shall be at least four feet wide and five feet six inches wide
when adjacent to parking.
(6)
Parking. Development in the Zone shall not be subject to parking and loading requirements of Article XXVIII and § 140-234 of this chapter and should instead apply the following parking requirements:
(a)
Parking stalls shall be nine feet by 18 feet and parking aisles
shall be at least 24 feet wide. Handicapped accessible spaces shall
be eight feet wide with a five-foot aisle or eight feet wide with
an eight-foot aisle for van accessible spaces.
(7)
All detention basins and stormwater management facilities located
within the Zone shall comply with all applicable regulations under
the Flood Hazard Control Act, N.J.S.A. 58: 16A-50 et seq., and the
New Jersey Stormwater Management Act, N.J.S.A. 7:8 et seq. If any
wetlands areas are utilized for stormwater management, the regulations
of the New Jersey Department of Environmental Protection shall apply,
and any inconsistent provisions of the applicable Wall Township ordinance
does not apply. Trees, shrubs, and other vegetation may be planted
on the slopes or banks and the floor of detention basins or facilities
constructed in fill, provided the landscaping is attractively maintained.
All detention and retention basins with permanent dry-weather pools
of water shall have a water depth to minimize propagation of mosquitoes
and provided with mechanical aeration for water quality.
(8)
Slopes. Slopes shall be no greater than 3:1, except slopes along
a right-of-way, which shall be no steeper than a ratio of 5:1 (horizontal
to vertical). Other slopes shall comply with RSIS.
(9)
Soil removal. Chapter 188, Soil Removal, shall not apply. The provisions of § 140-117 of this chapter pertaining to the removal of soil shall apply to development in the Zone as modified as follows:
(10)
Section 140-252 Building Design Requirements of this chapter shall be replaced with the following requirements for this Zone:
(a)
All buildings shall be located with proper consideration of
their orientation and relationship to other buildings in the Zone,
both existing and proposed in terms of light, air and usable open
space, access to public right-of-way and off-street parking; height
and bulk; drainage and existing topography; trees and vegetation;
and other natural features and land forms.
(b)
(Reserved)
(c)
Elevators, vestibules and corridors of new buildings shall be
designed so as to accommodate the gurneys used by the Township Emergency
Services Department and the Township's volunteer first-aid squads.
(d)
New building construction shall be required to incorporate any
communications equipment necessary to insure the proper operation
of the mobile communications equipment utilized by the Police Department,
such as satellite receivers or frequency enhancers, as determined
by the Chief of Police or his designate.
(e)
Exterior appearance and treatment.
[1]
All major entrances to buildings shall be properly
identified with architectural elements such as recessed entranceways,
projected overhangs, and porticoes.
[2]
Window and door openings shall include appropriate
trim and either recesses or overhangs to promote a harmonious variety
of light and shade on the facade of the building.
[3]
Appurtenances such as, but not limited to, tanks,
condenser units and other equipment shall be fully screened from view.
[4]
All roof planes or caps meeting the exterior facade
shall have overhangs or appropriate cornice and trim details.
[5]
Buildings shall be designed to be attractive from
all vantage points, including fences, storage areas and rear entrances.
[6]
Colors, materials and finishes shall be coordinated
in all exterior elevations of buildings within the Zone to achieve
continuity of expression.
[7]
Exterior materials shall include appropriate texture
and trim to prevent large undifferentiated facades of the same material.
[8]
The entrance and exit access drives shall be combined
in one location, if possible, and the entrance and exit approaches
shall be separated by a decorative, landscaped island that shall be
planted with year-round and seasonal plantings to enhance the appearance
of the property's frontage.
[9]
All buildings shall provide architectural elements
such as balconies, wall articulations and roofline variations.
[10]
Facades shall be articulated with horizontal divisions
to reflect the traditional building elements of cap, wall and base.
The cap shall feature either pitched roofs or articulated cornices
and a change of color and material. The wall may include a horizontal
division for the top of the ground story. Architectural divisions
shall have sufficient reveal to promote shadows on the facade of the
building.
[11]
Primary building materials shall feature earth-tone
colors. For the purposes of this chapter, earth-tone colors are defined
as colors that draw from a palette of muted or weathered colors in
an emulation of the predominant natural coloration of brown and gray
soils, tree bark, leafy vegetation and rocks. The preferred earth
tones on buildings shall be tans, beiges, sands, browns, warm grays,
and soft greens. In addition, creams, pale peach, pale yellows, soft
blues, cool grays, white, off-whites, and soft red colors are also
acceptable. Accent colors may be used, provided that they appear as
secondary visual elements to the primary materials. Bold, disjointed
or recognizable color combinations or color patterns that form a corporate
or commercial identity or logo shall be considered a sign for the
purposes of this section and shall be prohibited.
[12]
Retaining walls shall be constructed of durable
masonry materials that complement the site design and building architecture.
(f)
Lighting. Development in the Zone shall not be subject to lighting requirements of Article XXXVIII or § 140-213 of this chapter, and should instead apply the following lighting standards:
[1]
All outdoor lighting shall be aimed, located, designed,
fitted and maintained so as not to present a disabling glare hazard
to drivers or a nuisance to neighboring properties.
[2]
Lighting shall be controlled by automatic switching
devices, such as timers, motion detectors, and/or photocells, to extinguish
potentially offending, nonessential light sources overnight, to minimize
glare and sky-lighting impacts.
[3]
Glare shall be controlled through the use of sharp
cutoff fixtures, the appropriate application of mounting height, wattage,
aiming, fixture placement, and fixture design, etc., and the addition
of shields and baffles as necessary.
[4]
Applicants shall use fixtures to complement the
building architecture. Pole-mounted lights shall be a maximum of 20
feet tall. Floodlights and spotlights shall not be permitted.
J.
Certificates of occupancy.
(1)
Temporary certificates of occupancy can be issued for portions
of the building, including residential dwelling units in a phase,
such that portions of one phase can be inhabited provided the Township
Engineer has, where applicable, certified to the following:
(a)
Utilities and drainage. Utilities, including, but not limited
to, water, gas, storm drains, sanitary sewers, electric lines and
telephone lines shall have been properly installed, and service to
the lot, building or use from such utilities shall be available.
(b)
Circulation and parking. All access and parking areas necessary
to provide access to the building or use in question shall have been
graded and all slope-retaining devices or slope planting shall have
been installed. Bituminous base course paving and curbing has been
properly installed and the number of parking spaces necessary for
the units ready for occupancy are completed. Any necessary traffic
control or signage required for safety has been installed.
(c)
Sidewalks. All required sidewalks necessary to provide access
to building or use in question shall have been properly installed.
(d)
Site grading. All site grading necessary to permit proper surface
drainage and prevent erosion of soils shall have been completed in
accordance with the approved soil disturbance plans.
(e)
Public water supply. Where the proposed lot, building or use
is served by a public water supply, said supply shall have been installed
and tested and all required fire hydrants or fire connections shall
have been installed and tested and approved.
(2)
Certificates of occupancy shall be issued to allow the project
to be developed in multiple construction phases, including issuance
of temporary certificates of occupancy for portions of a phase.
K.
Affordable housing development requirements.
(1)
All affordable units shall be subject to deed restrictions on
income limits for a period of not less than 30 years from the date
that a certificate of occupancy has been initially issued for each
of the affordable units. If this project is financed with low income
housing tax credits, then the HMFA required deed restriction shall
be provided.
(2)
The affordable dwelling units shall be split between very-low-,
low-income and moderate-income units as follows: at least 50% of such
units within each bedroom distribution shall be low-income units (as
such term is defined in UHAC) and the remainder may be moderate-income
units (as such term is defined in UHAC). Further, pursuant to N.J.S.A.
52:27D-329.1, no less than 13% of the affordable housing units of
each bedroom type shall be reserved as very low-income housing units,
as such term is defined in N.J.S.A. 52:27D-304 and UHAC.
(a)
In the event that an equal split of the affordable dwelling
units between moderate- and low-income units results in a fraction
of a unit, the additional unit shall be reserved for low-income households.
(b)
All family affordable units shall be subject to the bedroom
distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor
regulation. All new construction affordable housing units shall be
adaptable in conformance with N.J.S.A. 52:27D-311a through 311b, P.L.
2005, c. 350, and all other applicable laws.
(3)
In addition to the above, the configuration (unit size and affordability
levels) of the 66 affordable housing units shall be designed and completed
in accordance with the Township's Affordable Housing Ordinance,
the Township's Housing Element and Fair Share Plan, the Fair
Housing Act (FHA), the Uniform Housing Affordability Controls (N.J.A.C.
5:80-26.1 et seq.) (UHAC) and Prior Round Council on Affordable Housing
(COAH) regulations (N.J.A.C. 5:93-1.1, et seq.)[1] as follows:
(a)
Deed restriction period. The developer shall have an obligation
to deed restrict the affordable units in the project as very-low-,
low- or moderate-income affordable units for a period of at least
30 years from the date the initial certificate of occupancy is issued
for each affordable unit (the "deed-restriction period"), so that
the Township may count each affordable unit against its obligation
to provide family rental affordable housing. The affordable units
shall be subject to the deed restriction period, unless and until
the Township, in accordance with applicable law, extends or releases
the controls on affordability. If the Township should choose not to
extend the controls and takes action to release the controls, the
affordability controls shall remain in effect until the date on which
a rental unit shall become vacant, provided that the occupant household
continues to earn a gross annual income of less than 80% of the applicable
median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the
end of 30 years after the date of initial occupancy, a rental household's
income is found to exceed 80% of the regional median income, the rental
rate restriction shall expire at the later of either the next scheduled
lease renewal or 60 days.
(b)
Deed restriction. The developer shall execute and record a deed
restriction in a form not inconsistent with the prevailing UHAC regulations
and approved by the Township before the first certificate of occupancy
is issued for the project. The deed restriction will be recorded in
the Monmouth County Clerk's office.
(c)
Other affordable housing unit requirements. The developer will
also comply with the following requirements of UHAC and the Township's
Affordable Housing Ordinance as necessary to ensure the Township can
claim the affordable units as credits against its affordable housing
obligation 1) affirmative marketing requirements, and 2) candidate
qualification and screening requirements.
(d)
Although projects receiving federal low income housing tax credits
from the HMFA are not required to comply with UHAC requirements, the
developer will work with the Township to ensure that all of the affordable
units in the project are creditworthy and in accordance with the developer's
agreement between the Township and the developer.
(e)
Administrative agent. The developer and/or its affiliate may
elect, in its sole discretion, to serve as the administrative agent
for the affordable units. Unless the developer elects to serve as
the administrative agent for the affordable units, the developer shall
contract with a qualified and experienced third-party administrative
agent, which may be the Township's administrative agent, for
the administration of the affordable units and shall have the obligation
to pay all costs associated with properly deed restricting the affordable
units in accordance with this agreement for the deed-restriction period,
and shall work with the developer's and the Township's administrative
agent regarding any affordable housing monitoring requirements imposed
by COAH or the Court. In that event, the developer shall provide,
within 30 days after the written notice, detailed information reasonably
requested by the Township or the Township's administrative agent
concerning the developer's compliance with UHAC, the Township's
Affordable Housing Ordinance, the Township's Amended Affordable
Housing Plan, all applicable Court orders (including the Township's
JOR Order), and other applicable laws.
[1]
Editor's Note: N.J.A.C. 5:93 et seq. expired 10-16-2016.
(4)
Any development within the Zone shall be subject to the provisions
of N.J.A.C. 5:93-10.1 and 10.2 which set forth limitations on application
requirements and provide a standard of review for the Planning Board
for necessary variances or deviations necessary to accomplish the
intent of this section.
(5)
In accordance with § 140-283 (Affordable housing development fee Ordinance), the entire Zone qualifies as an "Affordable Housing Development" as defined in Section 140-283 (including without limitation, retail, commercial, and mixed-uses), and shall be exempt from the payment of any development fee in accordance with N.J.S.A. 52:27D-329.2, the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), and as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" form. To the extent any fee is required under N.J.S.A. 52:27D-329.2, the developer shall pay one half of the fee upon issuance of the building permit, and the remaining amount due shall be paid before issuance of the certificate of occupancy.
