A. Developers of property in the MLC-6 Zone may develop the permitted use conditioned upon making a contribution to the Freehold Township Affordable Housing Fund pursuant to § 190-224; provided, however, that the minimum contribution shall not be less than the total contribution which would be generated from a development developed at a net density of six dwelling units per acre.
(1) Single-family detached court dwellings.
B. Development of the foregoing uses may be accompanied by the permitted accessory uses allowed in the ML-8 and ML-7 Zones.
C. Development of townhouses, garden apartments and flats shall be in accordance with the following standards:
(1) Maximum density: six dwelling units per developable acre. Developable acres shall be determined consistent with requirements of Schedule C at the end of this chapter and footnotes thereto. See § 190-101.
(2) Minimum and maximum lot acres: same as for ML-8 and ML-7 Zones.
(3) Minimum lot frontage on a public street: same as for ML-8 and ML-7 Zones.
(4) Maximum lot: same as for ML-8 and ML-7 Zones.
(5) Area, yard and building requirements: same as for ML-8 and ML-7 Zones. See Schedule C at the end of this chapter.
(6) Maximum height: height in feet, 30; stories: two.
(7) Off-street parking requirements: same as for ML-8 and ML-7 Zones.
(8) Open space and recreational area requirements: same as for ML-8 and ML-7 Zones.
(9) Required storage area or garage: same as for ML-8 and ML-7 Zones.
D. Development of single-family detached court dwellings shall be arranged in groups around a common court and shall be in accordance with the following standards:
(1) Maximum density: 4.0 dwelling units per developable acre. Developable acres shall be determined consistent with requirements of Schedule C at the end of this chapter and footnotes thereto. See § 190-101.
(2) Minimum tract area proposed for development: 20 acres of developable land.
(3) Maximum tract proposed for development: 100 acres of developable land.
(4) Minimum tract frontage on a public street: 200 feet with a minimum of two access points from a public road.
(5) Minimum lot area:
(a) Interior court lot: 4,500 square feet.
(b) Corner court lot: 5,000 square feet.
(6) Maximum lot impervious coverage: 40% except that an additional 3 1/2% shall be permitted solely for the installation of permitted patios and sheds.
(7) Minimum lot frontage on a court: 20 feet.
(8) Minimum lot frontage on the residential access street for a corner court lot: 70 feet.
(9) Lot width on a court at the minimum front yard depth:
(a) Interior court lot: 40 feet.
(b) Corner court lot: 30 feet.
(10) Maximum floor area ratio and maximum floor area:
(a) One story: maximum FAR, 0.25; maximum floor area, 1,750.
(b) Two stories: maximum FAR, 0.50; maximum floor area, 3,500.
(11) Maximum building height: 28 feet.
(12) Maximum building stories: two.
(13) Minimum front yard depth from a court lot line: 20 feet.
(14) Minimum front yard depth from a residential access street on a corner lot: 20 feet.
(15) Minimum side yard: 10 feet, provided that a zero lot line setback will be permitted from one side line of an interior court lot so long as a maintenance easement, five feet in width, is provided on the adjoining lot to ensure access.
(16) Minimum rear yard: 25 feet with this distance to be established and maintained from any one of the property lines that does not intersect a front property line on a residential access street or a court.
(17) Maximum number of bedrooms: No dwelling unit shall contain more than three bedrooms. Dens, offices, or other spaces which can be utilized as bedrooms shall be counted as bedrooms.
(18) Minimum pavement width of a court: 25 feet.
(19) Access arrangement. Vehicular access to each dwelling unit shall be from a court, as shown in the diagram entitled "Residential Court Cluster," which provides access to a residential street improved to Township standards for local streets. Residential driveways shall not outlet directly to the residential street and not more than five dwellings shall be grouped around and have access to a court. The area of the court shall be a common element of the development to be owned and maintained by the association established by the developer.
(20) Spacing between buildings. In order to maintain privacy between dwelling units, buildings shall maintain the following minimum spacing:
(a) Window wall to window wall: 75 feet.
(b) Windowless wall to windowless wall: 10 feet.
(c) Windowless wall to windowless wall: 15 feet.
(21) Required garage. Each dwelling unit shall have an attached two-car garage and driveway fronting upon the court. The driveway shall maintain a minimum paved width of 18 feet.
(22) Open space and recreational area requirements. Common open space and recreation areas shall be established as required in the ML-8 and ML-7 Zone Districts. Recreation facilities shall include a minimum of 450 square feet of developable area (not to include wetlands, wetlands transition areas, floodplain, open space between buildings, buffer or conservation areas) per dwelling unit and shall include tot-lots and other active recreation conveniently located within the development and arranged to be easily accessible by residents.
(23) Required perimeter buffer. A landscaped buffer shall be established around the perimeter of the tract to be developed. The buffer shall maintain a minimum width of 80 feet, and no residential building lot shall encroach into the buffer area. Open space and detention areas may be located within the buffer.
(24) Block length. A block between interior residential access streets shall not exceed 1,200 feet in length without providing a cross street for vehicular and pedestrian movement.
(25) Homeowners' association. The proposed homeowners association bylaws shall be submitted for review by the board in conjunction with the application for development, including common courts, drainage, detention basins, conservation areas, buffer areas, recreation areas, and other components of the cluster court development.
(26) An open and unroofed patio not more than eight inches above ground level may extend into a required side or rear yard to within five feet of a side or rear property line. Such patios, if more than eight inches above ground level may extend to within 10 feet of a side or rear property line.
A. Purpose. The purpose of the Moderate- and Low-Income Housing Zones is to provide a realistic opportunity for the construction of housing for persons and families of low and moderate incomes as required by the New Jersey Supreme Court in Southern Burlington County NAACP v. Twp. of Mt. Laurel, 92 N.J. 158 (1983) (Mount Laurel II) and by the Fair Housing Act, P.L. 1975, c. 222 (N.J.S.A. 52:27D-301 et seq.).
B. Resolution of conflicting provisions. Notwithstanding the provisions of any other ordinance to the contrary, the provisions of this section shall apply to development within the Moderate- and Low-Income Housing Zones.
C. Permitted uses:
(1) Townhouses.
(2) Garden apartments and flats.
(3) Senior rental apartments. [Amended 3-25-2003 by Ord. No. O-03-3]
(4) Farm, public parks and playgrounds, and public buildings in accordance with this chapter.
D. Permitted accessory uses.
(1) Outdoor barbecue structures.
(2) Essential utilities.
(3) Parks and playgrounds.
(4) Maintenance and equipment sheds.
(5) Fences in accordance with § 190-165.
(6) Signs in accordance with § 190-178. [Added 3-25-2003 by Ord. No. O-03-3]
(7) Outdoor waste collection and recycling areas enclosed and constructed of materials similar to the facade of the building. [Added 3-25-2003 by Ord. No. O-03-3]
(8) In senior apartment developments, services for residents including beauty salon and barbershop, gift and personal goods shop, computer room, library, and similar types of facilities and services. [Added 3-25-2003 by Ord. No. O-03-3]
E. Area, yard and building requirements. [Amended 3-25-2003 by Ord. No. O-03-3; 5-25-2004 by Ord. No. O-04-16]
(1) Maximum density. Seven dwelling units per developable acre within the ML-7 Zoning District and eight dwelling units per developable acre within the ML-8 Zoning District for townhouses and garden apartments and 15 dwelling units per acre in a ML-8 Zoning District for senior rental apartments. Developable acres shall be determined consistent with requirements of Schedule C at the end of this chapter and footnotes thereto. See § 190-101.
(2) Minimum and maximum lot areas.
(a) Minimum lot area for townhouses and garden apartments: 20 acres of developable land in accordance with Subsection E(1) above.
(b) Maximum lot area for townhouses and garden apartments: 100 acres of developable land in accordance with Subsection E(1) above.
(c) Minimum lot area for senior rental apartments: 10 acres of developable land in accordance with Subsection E(1) above.
(3) Minimum lot frontage on a public street: 200 feet with a minimum of two access points from public roads, one of which may be an emergency access road.
(4) Maximum lot coverage: 40%. For purposes of this subsection, lot coverage shall be computed on the basis of all buildings and paving over the portion of the developable area as delineated by Subsection E(1) above and not on the basis of individual buildings upon individual lots, e.g. townhouses.
(5) Area, yard and building requirements.
(a) Townhouses.
[1] Front yard setbacks: 15 feet. Structure setbacks shall be measured from the property or lot lines, or from the sidewalk or curbline if there is no property or lot line.
[2] Rear yard setback: 15 feet but not less than 50 feet between structures parallel to having window-to-window exposure.
[3] Side yards.
[a] Ten feet from all buildings and structures.
[b] Fifteen feet from all streets.
[c] Ten feet from parking areas.
[4] Lot size.
[a] Minimum 2,000 of square feet in area.
[b] Minimum of 20 feet in width.
[5] Maximum number of townhouse units in one building or structure: 8.
(b) Multifamily apartments.
[1] No structure shall have more than 16 dwelling units.
[a] One hundred eighty feet in length along one linear plane;
[b] Three hundred feet in length on two linear planes one of which shall not exceed 180 feet with an angle of 90 to 135; and
[c] Four hundred fifty feet in length on three linear planes two angles along the center line, provided that no single plane shall exceed 180 feet.
[3] Setback requirements to roadways and parking areas.
[a] Building to interior roadways: 15 feet or 75% of the height of the structure, whichever is greater.
[b] Building to parking area: 10 feet or 50% of the height of the structure, whichever is greater.
[c] Building to public exterior roadway: 50 feet or two times the height of the structure whichever is greater.
[4] Minimum property standards for rear and side yards as established by U.S. Department of Housing and Urban Development within the project area. Lot lines shall be 1/2 the distance between structures for purposes of this section.
[a] Yard space between exterior building walls and the adjacent lot line shall be measured perpendicular to the lot line opposite the building wall at all points. The minimum distance from the wall to the lot line is determined by the height of the wall in stories; the horizontal length of the wall from corner to corner; the type of wall.
[i] The primary wall is that wall which contains the principal window(s) in a habitable room, except bedrooms and kitchen; and/or the main entrance to the dwelling when it directly faces a primary wall or another dwelling.
[ii] The secondary wall is that wall which contains the window(s) of rooms for other than a primary wall as defined above.
[iii] A windowless wall is that wall which contains no windows.
[i] Primary wall: six feet plus two feet for each story (S) in height plus one foot for each 10 feet of length (L).
D.= 6 + 2S + L/10
[ii] Secondary wall: two feet plus one foot for each story (S) in height plus one foot for each 10 feet of length (L), minimum distance 5 feet.
D.= 2 + S + L/10
[iii] Windowless wall. Yard depth for a wall containing no windows, or only windows which do not involve loss of privacy for required interior space, shall be determined by individual design analysis.
[iv] Retaining wall. The distance between a building wall with habitable room windows and a retaining wall with the top above the midpoint of the vertical height of the lowest window shall be a minimum of the appropriate primary and secondary wall distance (see above) treating the retaining wall as a lot line.
[c] Vertical setback. Where the length of a wall is angled or set back six feet or more, the length (L) of each segment or plane is measured separately in determining the required yard depth.
[d] Irregular wall. The length (L) of a curved or irregularly shaped wall is the shortest distance between the wall's end corners.
(c) Senior rental apartments.
[1] No building shall contain more than 160 senior rental apartments.
[2] No building shall exceed:
[a] Two hundred feet in length along one linear plan.
[b] Four hundred feet in length with two wings with an angle of 90 to 150, provided that no wing is greater than 200 feet.
[c] 600 feet in length with three wings with angles of 90 to 150 provided no wing is greater than 200 feet.
[3] Setback requirements to roadways and parking areas.
[a] Building to interior roadways: 15 feet.
[b] Building to parking area: 10 feet.
[c] Building to public exterior roadway: 50 feet.
(6) Maximum height.
(a) Townhouses: 2 1/2 stories.
(b) Apartments: two stories.
(c) Senior apartments: three stories.
(7) Off-street parking requirements.
(a) Off-street parking shall be provided in spaces measuring not less than 18 feet by nine feet for perpendicular parking stalls.
(b) The minimum number of parking spaces shall be in accordance with the N.J.A.C. 5:21, Residential Site Improvement Standards. Parking for senior rental apartments may conform to the minimum standards of 0.5 parking spaces per unit as required for assisted living housing units.
(c) No structure or portion of a structure constructed as a private garage or storage area shall be converted into living area.
(8) Open space and recreational area requirement. Not less than the 30% of the project site shall be devoted to open space as defined in this chapter. Not less than 10% of a townhouse or multifamily housing site shall be designated for active recreation space such as swimming pool; club house; court sports; softball, baseball or field sports areas; tot-lots; picnic areas; and exercise areas. Senior rental projects shall provide indoor common meeting rooms, exercise rooms and indoor recreation areas and picnic, shuffleboard and other facilities suitable for the residents of the project. Parking areas for recreational areas shall be provided based upon the size of the facilities provided.
(9) Governmental subsidies. Freehold Township shall take such steps as are necessary to assist the developer in obtaining state and/or federal subsidies for low- and moderate-income housing when such subsidies are sought by the applicant as a means to provide such housing.
(10) Provisions specifically waived or modified within the moderate- and low-income housing zones.
(a) The provisions of Article XVIII, § 190-189 et seq., are waived or modified as follows: Subsections A and B are waived. Subsection D is modified to permit minimum gross habitable floor areas as provided for in current U.S. Department of Housing and Urban Development Minimum Property Standards.
(b) Subsection E of § 190-190 is waived; all other requirements of that subsection shall apply.
(c) A resident superintendent shall not be required for each structure in the development; however, in the case of a rental complex of greater than 120 units, an on-site superintendent shall be provided.
(11) Required storage area or garage. Each housing unit shall provide individual and secured storage facilities containing not less than 200 cubic feet. A private garage containing not less than 180 square feet may be substituted for the storage area requirement and would count as 1/2 parking space. Senior rental apartments shall conform with New Jersey Housing Mortgage Finance Agency guidelines for closet and cabinet space.
F. Other requirements. All development shall comply with Article XX, Affordable Housing, § 190-217 et seq., of this chapter.
G. Provisions for modified regulations for the ML 7 Moderate- and Low-Income Zone at Block 49 Lots 39 and 40.01 and a portion of Lot 42 in accordance with a consent order entered January 11, 1999, by the Superior Court of New Jersey, Law Division, Monmouth County and filed on January 14, 1999, applicable only to Planning Application 445-4-98 (known as "Avalon Manor") as follows: Lofts shall be permitted in up to 28% of the total number of dwelling units within the housing units approved by the Planning Board, but in no case more than 80 units. For purposes of this provision, a "loft" shall be defined as an intermediate-level floor between the floor and the ceiling of any story, provided that the aggregate floor area of the loft floor shall not exceed 1/3 of the total floor area of the room in which the loft is located. A loft a) shall be enclosed on no more than three sides with one side fully open to the room below; b) be prohibited from use as a bedroom; and c) shall be prohibited from use as a bathroom nor be permitted to have any installation of plumbing. An applicant seeking permission to construct a loft shall be required to provide in the written lease or deed of conveyance, as the case may be, for all units with lofts, provisions specifically prohibiting the use of the loft space as a bedroom, a bath or other use requiring plumbing, and enclosing more than three sides of the loft and further provided that such written lease or deed of conveyance, as the case may be, that a unit with a loft shall be subject to reasonable inspection from time to time by the Construction Code Official or Zoning Officer of the Township of Freehold to ensure full compliance with the provisions contained herein. A copy (or copies) of the deed restriction(s) shall be filed with the Planning Board and Township Attorney for their approval. A copy of the approved lease or deed of conveyance shall be filed with the Construction Code Official and Zoning Officer for every residential unit containing a loft.
