[Added 7-14-2009 by Ord. No. 0-09-36]
A. Intent. The intent of the ML8 Zone District is to provide a suitable location for the construction of moderate- and low-income affordable housing in accordance with the applicable rules and regulations of the Council on Affordable Housing (COAH) and the Township's Housing Plan Element and Fair Share Plan. The following regulations shall apply in the Moderate- and Low-Income Housing Zone 8 (ML8) District.
B. Permitted uses.
(1) Single-family residences in accordance with the requirements set forth within § 188-72 for the Residential (R-4) Zone District except for the rear yard setback which shall be set at 25 feet.
(2) Retail sales and services in accordance with the requirements set forth within § 188-75 for the Neighborhood Commercial (NC) Zone District.
(3) Offices in accordance with the requirements set forth within § 188-75 for the Neighborhood Commercial (NC) Zone District.
(4) Multifamily affordable housing in accordance with applicable COAH regulations in effect at the time of construction and applicable sections of Article XX, Affordable Housing, of the Township of Howell's Land Development Ordinance.
(a) Minimum lot size: two acres.
(b) Maximum gross density: five dwelling units per acre.
(c) Minimum perimeter buffer: 30 feet.
(d) Minimum building envelope depth: 50 feet for single-family lots.
(5) Any standards adopted for the development of the property and the production of the yield and the standards of the settlement agreement shall supersede all other inconsistent rules, ordinances, codes, and regulations that could control or affect development of the property.
C. Accessory uses.
(1) Accessory uses customarily incidental and ancillary to a permitted use.
D. Affordable housing requirements.
(1) The owner/developer shall take all steps necessary to place affordability controls and other appropriate restrictions, consistent with COAH regulations, upon the affordable units in order that each of the affordable units shall qualify as a unit of affordable housing under the COAH regulations in effect at the time of construction.
(2) Each affordable housing unit shall be affirmatively marketed in accordance with applicable regulations of the COAH in effect at the time of construction.
(3) For each market-rate, non-income-restricted single-family dwelling developed, the owner/developer shall contribute $15,000 to the Township's Affordable Housing Trust Fund. The contributions shall be made on a pro-rata basis, with $15,000 payable upon the owner's/developer's receipt of a certificate of occupancy for each single-family dwelling unit.
(4) The owner/developer shall develop all affordable housing units in accordance with applicable sections of Article XX, Affordable Housing, of the Township of Howell's Land Development Ordinance and COAH's regulations, to the extent modified by the terms of the settlement agreement. The settlement agreement shall govern any disparity between its terms and the applicable sections of Article XX, Affordable Housing, of the Township of Howell's Land Use Ordinance.
E. Elimination of cost-generating features, processes and elements. In connection with development in the ML8 Zone, cost-generating features, elements and processes shall be eliminated, in accord with the terms of the settlement agreement. They shall include, but not be limited to, the inapplicability of the Howell Tree Removal and Replacement Ordinance (§ 188-188 et seq.) and its replacement by an in-lieu fee of $3,600 per single-family lot developed, payable to the Howell Tree Replacement Fund (§ 188-195C).
A. Purpose. The purpose of the ARE-NRW Zone is to continue the rural character of Howell Township through the employment of combined open space and residential uses in order to maximize open space, recreational areas and the preservation of the environment. The intent of this zone is to encourage the use of imaginative design, to provide an adequate open space, recreational area and preservation of the environment and the objectives of the Howell Township Master Plan. The ARE-NRW District shall be an overlay district to the existing zone districts, and development standards set forth in this section shall apply only if the development plan has 335 acres.
B. Permitted uses.
(1) Principal uses: all uses permitted in the ARE-3 Zone.
(2) Accessory uses: same as permitted for ARE-3 Zone.
C. Bulk requirements.
(1) All development shall conform to the applicable ARE-2 and ARE-6 Zone standards except that if the ARE-NRW Zone is developed in accordance with a single overall development plan, the following standards shall supersede and apply:
(a) Minimum tract: 335 acres.
(b) Permitted number of single-family lots: 137.
(c) Minimum open space for passive recreation: 230 contiguous acres.
(d) Minimum additional open space for active and/or passive recreation: 15 acres.
(e) Minimum lot area: 12,500 square feet.
(f) Minimum lot frontage: 75 feet.
(g) Minimum lot width (measured from front setback line): 100 feet.
(h) Minimum front setback fronting on off-site public street: 40 feet. Off-site public streets are existing public roadways upon which a subdivision tract to be developed front approved site plan.
(i) Minimum front setback fronting on internal street: 25 feet. Internal streets are roadways created as a result of a subdivision which provides access to the individual home sites.
(j) Minimum side yard:
[1] One side: 15 feet.
[2] Other side: 10 feet.
[3] Combined: 25 feet.
(k) Minimum rear yard: 30 feet.
(l) Minimum rear yard accessory use (e.g., decks, swimming pools, sheds, tennis courts, spas, etc.)
(2) The maximum number of lots within the overall development shall not exceed the number established by a yield map based upon the ARE-6 Zone requirements for that portion of the zone northwest of the northwest line of the Jersey Central Power and Light Company right-of-way and the ARE-2 Zone requirements for that portion of the zone southeast of the northwest line of the Jersey Central Power and Light Company right-of-way. Said yield map shall be prepared in accordance with the above.
D. Parking requirements. There shall be required a minimum of two off-street parking spaces for each dwelling unit.
E. Development standards. The minimum construction requirements for streets, roads, sidewalks, sewer facilities, utility use and drainage shall be in compliance with appropriate Howell Township regulations and ordinances.
[Added 3-18-2002 by Ord. No. 0-02-7]
A. Purpose. The purpose and intent of the PRC District is to enable the planned development of a residential retirement community for active seniors which shall also contain a mix of recreational and commercial facilities, as well as amenities and services to serve the residents thereof in accordance with a required comprehensive site development plan approved by the Township of Howell.
B. Definitions.
(1) The following terms shall apply to the PRC Development District:
ACTIVE SENIOR An adult of 55 years of age or older who may still be employed full time and is capable of independent living (not requiring assistance), who may utilize the recreational amenities available in the PRC.
PLANNED DEVELOPMENT A residential community provided for permanent residents aged 55 years or over in which the residential property and the residential-related open space, recreation facilities and property are all owned by a mutual nonprofit corporation or corporations, established pursuant to the laws of the State of New Jersey and also governed by Section 213 of Title 11 of the National Housing Act (or provisions of a similar or comparable nature) or by individuals, condominium associations or other entities, all of which shall have rules and regulations controlling the development in conformance with this chapter.
RECREATIONAL FACILITIES To include items such as but no limited to buildings for recreational uses, biking paths, bridle paths, walking paths, tennis courts, shuffleboard courts, swimming pools, golf course, and similar recreational improvements related to the PRC.
C. Permitted uses.
(1) Principal uses:
(a) Age-restricted single-family detached dwellings for owner occupancy.
(b) Required recreational uses, at least one of each:
[1] Clubhouse, physical fitness room.
[2] Olympic size swimming pool.
[3] Tennis court.
[4] Shuffleboard court.
(c) Model homes and/or sales office.
(2) Accessory uses:
(a) Administration and security buildings related to the PRC.
(b) Retail uses, not to exceed 3% of the gross tract area, that comply with the specific requirements of the Highway Development (HD-2) Zone, which shall be located only upon highway frontage.
(c) Individual storage sheds and patios.
(d) Bus stops to service the retirement community center as part of the PRC development.
(e) Golf course.
(f) Medical facilities, not to exceed 1% of the gross tract area.
(g) Off-street parking facilities.
(3) Conditional uses:
(a) Houses of worship.
D. Tract requirements.
(1) Tract requirements. 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 Planned Retirement Community Development District.
(2) Tract density: 2.25 dwelling units per gross acre, dependent on site-specific natural features and environmental constraints.
(3) Minimum tract area: 100 acres.
(4) Minimum tract frontage: 200 linear feet on a collector or arterial roadway.
(5) Minimum tract perimeter buffer: 50 feet to residential uses; 100 feet to active farm use; 100 feet to commercial use; 100 feet to arterial roadway.
(6) Minimum tract open space: 50%.
(1) Minimum lot area: 7,200 square feet.
(2) Minimum corner lot area: 9,600 square feet.
(3) Minimum lot frontage: 50 feet.
(4) Minimum lot width: 60 feet.
(5) Minimum lot depth: 120 feet.
(6) Minimum front yard setbacks: 20 feet.
(7) Minimum rear yard setbacks: 25 feet.
(10) Minimum both side yards (one-story units): 18 feet.
(11) Minimum both side yards (two-story units): 20 feet.
(12) Maximum lot coverage:
(a) Buildings: 35%
(b) Impervious: 45%.
(13) Minimum distance between buildings (one-story): 18 feet.
(14) Minimum distance between buildings (two-story): 20 feet.
(15) Maximum building height: 30 feet.
(16) Maximum stories: two stories.
(17) Minimum accessory building setbacks:
(a) Side: five feet.
(b) Rear: five feet.
(18) Distance to another building: 10 feet.
F. Minimum parking requirements.
(1) Residential: two spaces per dwelling unit, at least one shall be a garage. The driveway shall be a minimum of 20 feet deep and 12 feet wide.
(2) Commercial: one space per 200 square feet floor area.
G. Minimum landscape requirements. The following PRC standards are in addition to applicable Township standards:
(1) Tract. Street trees shall be planted along all perimeter street frontages and both sides of all internal roadways. Trees shall be installed within a minimum size of three-inch caliper, and spaced 50 feet apart, and located per Township standards.
(2) Residential. The applicant, with each homeowner so notified within a prospectus, shall be responsible for planting a minimum of one shade tree of three-inch caliper, and 10 shrubs with a minimum size of 30 to 36 inches, within six months of occupancy of a dwelling unit.
(3) Commercial.
(a) A minimum of 15% of the net commercial site shall be landscaped.
(b) A fifteen-foot wide landscaped buffer to residential uses shall be provided and planted with evergreen plantings 10 feet high and 10 feet apart, and shall be supplemented with shrubs to provide four-season interest.
(c) Parking areas shall be screened from roadways by evergreen plantings installed a minimum of 36 inches high (30 inches high within required sight triangles), and located a maximum of 36 inches apart.
(4) Stormwater management facilities. All facilities shall be screened with perimeter plantings, a minimum of 36 inches high, designed to provide four-season interest. To the extent possible, water-tolerant plants and native plant species shall be incorporated in the basin interior.
H. Signage. Provisions of Chapter 256 of the Howell Township Code shall govern signage associated with the PRC Development District, except as specified below:
(1) Identification signs. A maximum of two freestanding project identification signs are permitted only at the entrance driveways to the development. These signs shall state the name of the development and no other advertising material. Each sign shall not exceed four feet in height, and have a maximum face area of 32 square feet. Signs shall have ground-level external illumination. Signs shall be mounted on a monument base and landscaped.
(2) Interior signs. At the sales office of the development, the recreation center, and any other accessory building associated with the operation of the community, a maximum of one freestanding identification sign shall be permitted. Each sign shall only identify the facility. Each sign shall not exceed three feet in height, and have a maximum face area of 18 square feet. Signs shall have ground-level external illumination. Signs shall be mounted on a monument base and landscaped.
(3) Commercial signs. One freestanding identification sign shall be permitted on the primary frontage of the commercial site. The sign shall identify the center, and provide an area for each tenant space. Said sign shall be a maximum of 12 feet high, with a maximum face area of 72 square feet. Said sign shall have ground-level external illumination. Said sign shall be mounted on a monument base and landscaped. One nonilluminated facade sign shall be permitted for each tenant space within the center. Signage shall not exceed 10% of the front wall area of each tenant space. All facade signage shall be of a uniform height, not to exceed two feet.
(4) Temporary signs. Project identification signs shall comply with § 256-5B of the Howell Township Code. Signs advertising dwellings for sale shall comply with § 256-4I of the Howell Township Code.
I. Deed restrictions. Approval of a planned retirement community development consisting of age-restricted housing 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:
(1) Occupancy will be limited to persons 55 years of age and older with no children in permanent residence as governed by Section 213 of Title 11 of the National Housing Act, as amended.
(2) No further development of the parcel will be permitted.
J. Management and maintenance. Within the PRC, the applicant shall establish a homeowners' association.
(1) Management of roadway, recreation facilities, security, internal transportation and open space shall be owned and maintained by a homeowners' association consisting of all residents. Notification of this provision is to be included in the contract of sale for each dwelling unit.
(2) The homeowners' association shall own and be responsible for the maintenance, repair and reconstruction of all buildings and lands owned by the residents of the community in common with one another. Such lands shall include, at a minimum, all recreational areas, open space, and drainage facilities required by the Township Planning Board.
K. Required open space and recreation facilities:
(1) Open space recreation:
(a) For projects over 200 acres, at least 50% of the overall tract area shall be reserved for unimproved open space, including the PRC recreational facility. For projects under 200 acres, at least 30% of the overall tract area shall be reserved for open space, including the PRC recreational facility.
(b) A minimum of 10% of all open space shall be utilized for active recreation.
(c) At least 10% of all open space shall be utilized for passive recreation.
(d) All open space and recreation areas shall be owned in common by residents of the PRC and managed by the homeowners' association.
(e) Any open space area for recreation purposes shall have a minimum contiguous area of not less than five acres at one location.
(f) A comprehensive recreation plan shall be prepared, and approved by the Township Planning Board, to include all proposed passive and active recreation elements such as walking trails, picnic areas, outdoor tennis courts, shuffleboard courts, swimming pools, and seating areas.
(2) Recreational facilities. Each PRC shall have a retirement community center to comply with the following standards:
(a) A comprehensive circulation plan shall be prepared to provide for and coordinate the road network, bike paths and sidewalk layout for the entire development with emphasis on access to the PRC center.
(b) The PRC center may include, but not be limited to, cafeteria facilities, homeowners' association management offices, recreational and social activities rooms and offices, and a multipurpose room designed for social activities.
(c) The PRC center shall have a minimum area footage of 15 square feet per dwelling unit. The PRC center building shall provide adequate space to accommodate such optional amenities as a medical suite, a nutrition counseling suite, etc.
(3) Ownership and maintenance. All open space areas shall be protected by legal arrangements, satisfactory to the Planning Board Attorney, sufficient to assure their maintenance and preservation for their intended purpose. Covenants or other legal arrangements, including homeowners' associations, shall specify ownership of the area; method of maintenance, responsibility for maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain the area will not be dissolved without the consent of the Township Planning Board; and any other specifications deemed necessary by the Planning Board.
L. Additional facilities. Each PRC shall provide appropriate security measures, which shall include, but may not be limited to, gatehouses and/or secured entries to the PRC and long-term off-street parking facilities for seasonal vehicle storage, recreational vehicles, boat trailers, etc. Such long-term parking areas shall provide stalls 10 feet wide by 35 feet long with aisles 25 feet wide and shall have dense perimeter landscape screening.
M. Timing of construction of accessory uses.
(1) At least 50% of any commercial component of the approved PRC development plan shall be constructed prior to the issuance of a certificate of occupancy for more than 50% of the dwelling units. The entire (100%) commercial component of the approved PRC development plan shall be constructed prior to the issuance of a certificate of occupancy for more than 90% of the dwelling units.
(2) The PRC center shall be constructed, a certificate of occupancy issued and functional prior to the issuance of a certificate of occupancy for more than 25% of the dwelling units.
(3) All proposed recreational facilities shall be constructed prior to the issuance of a certificate of occupancy for more than 90% of the dwelling units.
