[Ord. No. 2005-2850]
A. Residential Development. Except as otherwise provided below, in those circumstances where a developer develops land for residential purposes and receives no right to increased density or other compensatory bonus the developer shall reserve 11.11% of said units for low and moderate households provided that the developer secures the right to construct at least eight (8) units. In the event 11.11% of the total units should result in a fraction equaling one-half (.5%) percent or greater, the affordable housing obligation shall be rounded to the next higher number. Affordable housing shall be as defined under the FHA and COAH's regulations.
B. Nonresidential Development. Except as otherwise provided below, in those circumstances where a developer develops land for nonresidential purposes and receives no right to an increased FAR or other compensatory bonus, the developer shall provide one (1) nonage-restricted affordable unit for every twenty-five (25) jobs projected to be created by the Ordinance. The calculation of the number of jobs and employment opportunities shall be in accordance with Appendix E to N.J.A.C. 5:94-1, et seq. entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share."
C. For all residential development, the applicant shall satisfy its affordable housing production obligation(s) through on-site housing production in connection with the residential project, or one (1) of the mechanisms permitted in COAH's rules. The other mechanisms permitted with COAH's rules, including (a) the purchase of an existing market-rate home at another location in the community and its conversion to an affordable price-restricted home in accordance with COAH's criteria, regulations and policies, (b) the funding of a Regional Contribution Agreement ("RCA"), (c) participation in gut rehabilitation and/or buy-down/write-down, buy-down/rent-down programs and/or (d) contributing to the Housing Trust Fund at a rate of one (1%) percent of the residential development's equalized assessed value and shall only be considered with Middletown Township Committee's advance written permission for those instances when the Committee deems such a mechanism to be in the best interests of the Township. Evidence of the planned method of compliance shall be produced to the Planning or Zoning Board at the time of application filing and shall be a condition of all "completeness" determinations.
Thereafter, evidence of satisfaction of affordable housing compliance shall be an automatic, essential and nonseverable condition of all approvals that must be satisfied prior to the issuance of the project's first building permit.
D. For all commercial development, the applicant may satisfy its affordable housing production obligation(s) through the mechanisms permitted in COAH's rules including, with Middletown Township Committee's advance written permission (a) on-site housing production in connection with a residential component of the project, (b) the purchase of an existing market-rate home at another location in the community and its conversion to an affordable price-restricted home in accordance with COAH's criteria, regulations and policies, (c) the funding of a Regional Contribution Agreement ("RCA"), (d) participation in gut rehabilitation and/or buy-down/write-down, buy-down/rent-down programs, and/or (e) contributing to the Housing Trust Fund at a rate of two (2%) percent of equalized assessed value for commercial development. Evidence of the planned method of compliance shall be produced to the Planning or Zoning Board at the time of application filing and shall be a condition of all "completeness" determinations. Thereafter, evidence of satisfaction of affordable housing compliance shall be an automatic condition of all approvals that must be satisfied prior to the issuance of the project's first building permit.
E. Low and Moderate Income Split and Compliance with COAH's Rules. The affordable unit(s) to be produced pursuant to subsections A, B, C and D (above) shall be available to a low income individual or household should only one (1) affordable unit be required. Thereafter, each of the units shall be split evenly between low and moderate income individuals and households except in the event of an odd number in which event the unit shall be a low income unit. All affordable units shall strictly comply with COAH's rules and policies including, but not limited to, phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing, income qualification, etc. It shall be the developer's responsibility, at its cost and expense, to arrange for a COAH and Township approved qualification service to ensure full COAH compliance and file such certifications, reports and/or monitoring forms as may be required by COAH or the Court to verify COAH compliance of each affordable unit.
F. Design Options. In order to create a more realistic opportunity for the creation of affordable housing units on-site, the Planning Board or Zoning Board of Adjustment may permit the relaxation or reduction of certain standards including but not limited to the following:
1. A reduction in the minimum lot size to sixty (60%) percent below the zoning requirement and a reduction of the corresponding bulk standards, except that in no case shall a lot be less than five thousand (5,000) square feet and on no lot shall the bulk standards be reduced to less than sixty (60%) percent of the Ordinance requirement.
2. Allowing the development of a duplex or two-family unit on a single lot as long as the lot meets the minimum for the zone and as long as the architectural design of the structure is consistent with the remainder of the development.
G. Exemption. Residential inclusionary projects constructed in the affordable housing districts identified in the Township's COAH approved first or second or third round Housing Element and Fair Share Plan shall be exempt from the requirements of this section. However, a nonresidential growth share responsibility in accordance with this section shall be attributable to all nonresidential uses constructed in mixed-use and/or nonresidential projects in the Township's existing affordable housing districts.
H. Right to Greater Set-Aside if Compensatory Benefit. As to residential developers, nothing herein shall affect the Township's ability to generate more affordable housing than the one (1) for eight (8) standard set forth above in the event that the developer secures a density bonus or other compensatory benefit, acceptable to the developer and Township, through zoning or through a use variance. As to nonresidential developers, nothing herein shall affect the Township's ability to generate more affordable housing than the one (1) affordable unit for every twenty-five (25) job standard set forth above in the event that the developer secures an increased FAR or other compensatory benefit acceptable to the developer and Township, through zoning or through a use variance.
[Ord. No. 2009-2979 § 1]
A. Minimum Standards.
1. Tract area: 1 acre.
2. Building setbacks.
a. From public right-of-way: 15 feet.
b. From side yard line: 10 feet.
3. Surface parking area setbacks.
a. From roadway: 10 feet.
b. From any lot line: 10 feet.
c. From buildings: 5 feet.
5. Distance between buildings: 20 feet.
6. Open space.
a. Active: 5% of tract area.
b. Total: 10% of tract area.
7. Affordable Housing Set-Aside: 25%.
B. Maximum Regulations.
1. Building Height: 48 feet.
2. Building Cover: 30%.
3. Lot Cover: 60%.
C. Design Standards. In addition to the specific architectural and building design standards set forth in Section 16-604, the following design standards shall apply:
1. Where practical, the lowest floor shall be elevated at least eighteen (18") inches above the established base flood elevation.
2. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork) shall be elevated at least eighteen (18") inches above the established base flood elevation.
3. All portions of buildings lower than eighteen (18") inches above the established base flood elevation must be constructed using flood-damage-resistant materials.
4. All garages shall meet the minimum flood opening requirements for enclosures.
5. Exterior building facades shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a building, such features shall occur at a minimum of every thirty (30') feet, and on each floor shall, to the greatest degree practicable, contain a minimum of two (2) of the following features:
a. Recesses (e.g., deck, patio, courtyard, entrance, window reveals) that have a minimum depth of three (3') feet;
b. Extensions (e.g., floor area, deck, patio, entrance) that have a minimum depth of two (2') feet and minimum length of four (4') feet; and/or
c. Offsets or breaks in roof elevation of two (2') feet or greater in height.
6. To the greatest degree practical, neither rear building facades nor garages shall be oriented towards Main Street. Garage doors shall include fenestration.
7. Adequate, accessible and secure storage space shall be provided for each dwelling unit. A minimum of one hundred twelve (112) cubic feet of enclosed storage shall be required separate from each living unit. This is an area 4' x 4' x 7'. Garages and storage units adjoining a dwelling (e.g., attached to decks and patios) shall qualify as storage space.
8. Trash receptacles shall not be located in any front yard setback, or within ten (10') feet of an adjacent property line.
D. Other Regulations.
1. Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven (7) days prior to the commencement of work. Trailers shall not remain on site more than seven (7) days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
2. All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations adopted by the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of thirty (30) years, unless the rules adopted by the New Jersey Council on Affordable Housing are changed. Should such a change occur the term of the affordability deed restriction shall be consistent with any new rule(s).
[Ord. No. 2009-2979 § 3; Ord. No. 2013-3099]
A. Minimum Regulations.
1. Gross Lot Area at time of initial application: 65 acres.
2. Tract Frontage Minimum: 100 feet.
3. Minimum Building Setbacks.
a. From Arterial or Collector Roadway: 250 feet.
b. From Tract Boundary: 30 feet.
c. From any existing residence/residential zone: 75 feet.
a. From Arterial or Collector Roadway: 250 feet.
b. From Tract Boundary or other Right-of-Way: 60 feet.
5. Open Space: 30%.
6. Master bedroom on the first floor of the proposed dwelling unit: 30%.
B. Maximum Regulations.
2. Building Height: 40 feet.
5. Number of stories: 2.
C. Design Standards. In addition to any applicable architectural and building design standards set forth in Section 16-604, the following design standards shall apply:
1. Exterior building facades shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a building, such features shall occur at a minimum of every thirty-two feet (32'), and, to the greatest degree practicable, contain a minimum of one (1) of the following features:
a. Recesses (e.g., deck, patio, courtyard, entrance, window reveals) that have a minimum depth of three feet (3');
b. Extensions (e.g., floor area, deck, patio, window bay, fireplace chase, entrance) that have a minimum depth of one foot (1') and minimum length of four feet (4'); and/or
c. Offsets or breaks in roof elevation of one foot (1') or greater in height.
2. Adequate, accessible and secure storage space shall be provided for each dwelling unit. A minimum of one hundred twelve (112) cubic feet of enclosed storage shall be required separate from each living unit. This is an area 4' x 4' x 7'. Garages and storage units adjoining a dwelling (e.g., attached to decks and patios) shall qualify as storage space.
3. Trash receptacles shall not be located in any front yard setback, or within seventy-five feet (75') of an adjacent property line.
D. Other Regulations.
1. Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until the state of land development activities, but in no case more than seven (7) days prior to the commencement of work. Trailers shall not remain on site more than seven (7) days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
2. No affordable housing set aside and no affordable housing fee shall be applicable to any development constructed pursuant to this section.
3. Definitions applicable to this section shall be those definitions found in Township Code Section 16-203, except that building height shall be calculated by measurement from the average grade at the front of the building when a building is constructed on a slope in a walk-out condition; and building setback calculations shall not apply to decks and patios, but decks and patios may be no closer than sixty feet (60') from an existing residence or residential zone.
4. The driveway/roadway setback from tract boundary or other right-of-way shall not be applicable to existing, secondary access roadways; any existing, secondary access roadways may be modified to satisfy Residential Site Improvement Standards.
[Ord. No. 2009-2992 § 1]
A. Minimum Regulations.
1. Gross Lot Area: 30 acres.
2. Tract Frontage Minimum: 100 feet.
3. Minimum Building Setbacks.
a. From Arterial or Collector Roadway: 50 feet.
b. From any other public right-of-way: 10 feet.
c. From Tract Boundary: 50 feet.
d. From any existing residence/residential zone: 75 feet.
a. From Arterial or Collector Roadway: 50 feet.
b. From any existing residence/residential zone: 75 feet.
c. From other Right-of-Way: 10 feet.
5. Open Space: 20%.
6. Affordable Housing Set-Aside: 20%.
B. Maximum Regulations.
2. Building Height: 40 feet.
C. Architectural and Site Design Standards. In addition to the specific Architectural and Building Design Standards set forth in Section 16-604, the following design standards shall apply:
1. Neither rear building facades nor garages shall be oriented to directly face a public right-of-way.
2. Exterior building facades shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a building, such features shall occur at a minimum of every thirty (30') feet, and on each floor shall, to the greatest degree practicable, contain a minimum of two (2) of the following features:
a. Recesses (e.g. deck, patio, courtyard, entrance, window reveals) that have a minimum depth of three (3') feet;
b. Extensions (e.g. floor area, deck, patio, entrance) that have a minimum depth of two (2') feet and minimum length of four (4') feet; and/or
c. Offsets or breaks in roof elevation of two (2') feet or greater in height.
3. Adequate, accessible and secure storage space shall be provided for each dwelling unit. A minimum of one hundred twelve (112) cubic feet of enclosed storage shall be required separate from each living unit. This is an area 4' x 4' x 7'. Garages and storage units adjoining a dwelling (e.g. attached to decks and patios) shall quality as storage space.
4. Trash receptacles shall not be located in any front yard setback, or within seventy-five (75') feet of an adjacent property line.
D. Lighting. In addition to the specific Lighting Standards set forth in Section 16-623, the following design standards shall apply:
1. Freestanding lighting standards or poles, and building-mounted lighting fixtures shall be focused and/or shielded to avoid glare on adjacent property or dwelling units.
E. Buffer Areas and Screening. In addition to the requirements set forth in Section 16-606, the following standards shall apply:
1. If a berm is proposed as part of the landscaped buffer screen, naturalized berms are preferred with plantings throughout the entire contour of the berm.
F. Other Regulations.
1. Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven (7) days prior to the commencement of work. Trailers shall not remain on site more than seven (7) days after the completion of all work. Temporary construction trailers shall not be placed with the right-of-way of any improved public road.
2. All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations adopted by the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of thirty (30) years, unless the rules adopted by the New Jersey Council on Affordable Housing are changed. Should such a change occur, the term of the affordability deed restriction shall be consistent with any new rule(s).
