A. Purpose. The purpose of the R-50 Zone is to acknowledge the established character and pattern of development in the Freewood Acres area of the Township.
B. Permitted uses.
(1) Principal uses.
(a) Single-family residences.
(b) Community residences for the developmentally disabled and community shelters for victims of domestic violence that contain less than six occupants.
(2) Accessory uses. Accessory uses customarily incidental and ancillary to a permitted use.
(3) Conditional uses.
(a) Houses of worship.
A. Purpose. The purpose of the R-4 Zone is to provide for a variety of housing opportunities in areas of the Township where multifamily development presently exists.
B. Permitted uses.
(1) Principal uses.
(a) Single-family residences.
(b) Attached and semi-attached housing.
(c) Garden apartments.
(2) Accessory uses. Accessory uses customarily incidental and ancillary to a permitted use.
(3) Conditional uses.
(a) Houses of worship.
(b) (Reserved)
(c) Community centers.
C. Inclusion of Block 142, Lots 15, 15.01, 16 and 24 (formerly known as Site 1 in the R-4 Zone); modifications. Block 142, Lots 15, 15.01, 16 and 24 (formerly known as Site 1) shall be zoned R-4 with the following specific modifications: [Added 11-15-2004 by Ord. No. 0-04-63]
(1) Number of dwelling units: 208.
(2) All proposed units within development shall be sold.
(3) Maximum number of bedrooms per units: two.
(4) Maximum number of dwelling units per building: 12.
(5) Number of units required to be set aside for low- and moderate-income buyers: zero.
(6) The R-4 Garden Apartment Zone setback requirements shall not be applied to property lines of the development coinciding with municipal boundaries in the event a comprehensive and cohesive development plan is approved on adjacent lands in the neighboring municipality.
(7) Areas to be utilized for detention and/or retention facilities as part of the stormwater management plan for the development shall be considered toward meeting the open space requirements of the R-4 Zone and § 188-178D, in the event locating such facilities outside of open space areas would result in the reduction of the number of units below 208.
(8) Provided a comprehensive and cohesive development plan is approved on this property and on lands owned by the developer adjoining this property in the neighboring municipality, the requirements of § 188-178D may be met as applied to the entire property being developed in both municipalities.
(9) Notwithstanding any other provisions of this chapter, no fiscal, social or community impact statement shall be required in connection with any development application related to the approval of the development by the Planning Board.
(10) No development application shall be deemed complete unless it is consistent with the Settlement Agreement dated July 29, 1996, and any approval granted for development under this section shall be conditioned upon compliance with each and every provision of the Settlement Agreement.
[Added 10-20-2003 by Ord. No. 0-03-37]
A. Purpose. The purpose and intent of the R-5 District is to provide for the development of an age-restricted housing project in accordance with applicable federal laws and regulations. This may include recreational facilities and other amenities for its residents.
B. Definitions. The following terms shall apply to the R-5 Residential Age-Restricted District:
AGE-RESTRICTED HOUSING A residential community that qualifies as 55 and over restricted housing in accordance with the Federal Fair Housing Act, as amended.
RECREATIONAL FACILITIES May include items such as but not limited to buildings for recreational uses, biking paths, walking paths, tennis courts, shuffleboard courts, swimming pools, clubhouses, and similar recreational improvements related to the age-restricted housing development.
C. Permitted uses.
(1) Principal uses: age-restricted multifamily dwellings.
(2) Accessory uses.
(b) Off-street parking facilities.
(c) Utility structures.
(3) Conditional uses: none.
D. Tract requirements.
(1) Ownership and control. The tract shall be under one ownership or control by the applicant for purposes of obtaining all required development approvals and committing the tract to the regulations of the Residential Age-Restricted District.
(2) Maximum tract density: 7.0 dwelling units per gross acre but not to exceed a total of 100 residential units.
(3) Minimum tract area: 10 acres.
(4) Minimum tract frontage: 200 linear feet.
(5) Minimum tract perimeter landscaping: 30 feet, which may include fencing in addition to vegetative screening. All other buffer or similar requirements set forth in this chapter or Chapter 247, Riparian Buffer/Stream Corridor, that are otherwise applicable to residential zones shall not apply to the R-5 District.
(6) Minimum tract open space: 25%.
E. Area, yard and building requirements. [Amended 10-5-2015 by Ord. No. 0-15-38]
Minimum building setback from all other property lines 30 feet
Maximum lot coverage
Buildings 15%
Impervious 25%
Minimum distance between buildings 50 feet
Maximum building height 45 feet
Maximum stories 2 1/2 stories
Maximum number of units per building 32
F. Minimum parking requirements. Parking spaces shall be provided in accordance with the requirements of the New Jersey Residential Site Improvement Standards (RSIS). Garden apartment ratios shall be utilized in determining the minimum required number of off-street parking spaces. Off-street parking spaces may be provided in surface parking lots or underneath residential buildings.
G. Deed restrictions. Approval of an age-restricted housing project in the Township shall be conditioned upon the submission by the applicant to the approving board attorney of restrictive covenants on the deeds to any and all portions of a tract so developed, to insure that qualifications under the Federal Fair Housing Act, as amended, shall at all times be maintained.
H. Dedication of open space. Open space on the tract may be maintained by the owner, a tenant association, or condominium association, or may be dedicated to the Township of Howell as determined by the Planning Board. The area of such dedicated open space shall continue to be considered as part of the tract area for purposes of compliance with the R-5 Zone bulk regulations.
I. Relationships to other sections this chapter. Where the regulations of the R-5 Zone conflict with any other regulations of this chapter, the regulations contained in this section for the R-5 Zone shall apply.
[Added 4-24-2007 by Ord. No. 0-07-13; amended 3-24-2009 by Ord. No. 0-09-10]
A. Purpose and intent. The PMU District is being created to assist the Township in complying with its affordable housing obligations.
B. Permitted uses. The following shall be permitted in the PMU District:
(1) Principal uses.
(a) Residential rental dwelling units which may be configured as single-family attached, townhomes (including "back-to-back" or "stacked" configurations), and multifamily dwellings.
(b) Commercial uses, including:
[1] Retail sales and services.
[2] Offices, including medical offices and centers, professional services and financial institutions.
[3] Restaurants and related food preparation, sales and service establishments.
[4] Entertainment uses.
[5] Education uses including schools, training facilities, day-care centers, and learning support centers.
[6] Housing of worship, social services or related government functions.
[7] Special-needs residential facilities which provide common living areas shared by a number of separate bedrooms as licensed and permitted by the State of New Jersey.
[8] In conjunction with the uses enumerated above, provisions for drive-through, pickup or take-out facilities.
(2) Conditional uses: none.
(3) Accessory uses. The following accessory uses are permitted:
(a) Sheds, decks, fences, signs and entry features located in a manner that is consistent with a plan approved by the Planning Board at the time the development receives its development approvals which authorizes specific locations or typical locations for each dwelling type. Sheds may only be for the storage of equipment by the property owner and shall not be used as additional storage for a tenant of any particular unit.
(b) Recreation facilities, structures, buildings and parks for the use of the residents of the community. Such open space and community facilities must be owned, operated and maintained by the property owner. Any community building may be used to provide services and activities primarily for the benefit and enjoyment of the residents of the community that may include such diverse activities as medical screenings, classes or lectures whether provided for a fee or free of charge, craft fairs or other temporary retail uses, incidental sales of tickets for travel or events, etc.
(c) Home occupations as per § 188-64.
(d) Utilities and related services, such as transformers, pumping stations, treatment facilities, meters, etc., necessary for the proper distribution and monitoring of these services.
(e) Sales and construction offices and storage of materials and equipment associated with and necessitated by the development of the tract for the uses approved by the Planning Board in conformance with any phasing requirements set forth by the Board.
(f) Off-street parking and loading areas consistent with New Jersey's Residential Site Improvement Standards.
C. Area, yard, bulk and architectural requirements. The following tract requirements shall apply:
(1) The following intensity and design ratios are applicable to the entire tract and shall not be applied to any individual lot or lots which may be created as part of the overall plan of development:
(a) Maximum number of dwellings: 272. [Amended 4-20-2015 by Ord. No. 0-15-02]
(b) Maximum commercial square footage: 30,000 square feet.
(c) Maximum building coverage: 30%.
(d) Maximum impervious coverage: 70%.
(e) An additional 46 fair market rate units, with a set-aside of six affordable units shall be provided. In the event 44 fair market rate units are approved, then there shall be a set-aside of four affordable units. [Added 4-20-2015 by Ord. No. 0-15-02]
(2) Landscape buffers and setbacks. A landscaped buffer of a minimum width of 50 feet shall be provided along any tract boundary, except where such boundary abuts public open space or lands to be dedicated as public or private open space, in which instance the required buffer shall not be less than 10 feet.
(3) Setbacks applicable to buildings:
(a) For residential buildings which front on streets and in which the units are of a "through" configuration with portions of the interior of the unit at both of the front and rear of the building (i.e., single-family attached or townhomes, stacked townhomes and flats. Back-to-back townhomes would use two front yard requirements.):
[1] Minimum distance from cartway of internal street with driveways: 25 feet.
[2] Minimum distance from garage face to back of sidewalk: 20 feet.
[3] Minimum distance from cartway of internal street side: 12 feet.
[4] Minimum distance from side of building to side of building: 30 feet.
[5] Minimum distance from rear of building to side of building: 40 feet.
[6] Minimum distance from rear of building to rear of building: 50 feet.
(b) For all other residential or residential portions of mixed-use buildings:
[1] Minimum distance from cartway of internal street with driveways: 25 feet.
[2] Minimum distance from garage face to back of sidewalk: 20 feet.
[3] Minimum distance from cartway of internal street or parking area: 12 feet.
[4] Minimum distance between buildings: 60 feet.
(4) Recreational requirements.
(a) Recreational facilities including sidewalks and pedestrian pathways, small parks and gathering areas with seating, picnic areas with graded grass areas for spontaneous activities and other recreational amenities may be located within the development at the discretion of the applicant.
(b) Provision for long-term maintenance of all open lands and recreational uses must be provided in a manner satisfactory to the Planning Board, and the responsibility for the cost of such maintenance shall be borne by the applicant.
(c) Active recreational opportunities provided within the residential community may be restricted against use by nonresidents of the community if owned and maintained by the property owner and shall be accessible to residents in perpetuity.
(5) Additional architectural requirements.
(a) Maximum height: two stories inclusive of the garage level.
(b) The commercial portion of the development otherwise shall be exempt from the building design standards found in Ordinance No. 0-06-32. The residential portion of the development shall be exempt from the building design standards found in Ordinance No. 0-06-32.
(c) Mechanical equipment or other utility hardware on roofs, the ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public ways.
(6) Additional requirements and exceptions from other requirements.
(a) The development application is exempt from review related to the presence or absence of historic or cultural resources, and is exempt from any municipal requirements pertaining to endangered species or habitat.
(b) The development application is exempt from any generally applicable fees charged by the municipality for recreation, tree replacement, open space preservation, or similar fees. No off-tract infrastructure requirements may be assessed or assigned to the development for any roadway improvements by the municipalities. Any off-site improvements or payments in lieu thereof related to the provision of potable water and sanitary service provision shall be imposed on a fair share basis strictly in accordance with N.J.S.A. 40:55D-42.
(c) The application must be based upon an overall plan depicting the areas of commercial and residential development for the tract as a whole. The Planning Board may not impose any specific phasing requirement which links the date of occupancy of any or all of the uses.
(d) The affordable housing obligation for this tract is 60 affordable family units which shall be deed restricted pursuant to N.J.A.C. 5:80-26.1 et seq. and will comply with all of COAH's rules with respect to accessibility.
(e) As inclusionary development, all applications are subject to the provisions of N.J.A.C. 5:97-8 et seq. 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.
