§ 184-117. TAH Terrill Affordable Housing Zone.

A. 

Permitted uses; phasing; utilities. The following uses shall be permitted in the TAH Zone:

(1) 

Primary uses.

(a) 

Detached one-family dwellings.

(b) 

Townhouses.

(2) 

Secondary uses.

(a) 

For detached one-family dwellings, all secondary uses permitted in the R-150 Zone shall be permitted, except for the following:

[1] 

Garages shall not be in excess of 250 square feet of floor area.

(b) 

For townhouse uses, all secondary uses permitted in the LGAH Zone for townhouse uses shall be permitted, except those set forth in §§ 184-118A(2)(b) and (c).

(3) 

Phasing. Final site plan approval of the development shall be contingent upon the development meeting the following phasing schedule:

(a) 

If the affordable housing unit is transferred from the MAH Zone to the TAH Zone, then unless COAH has authorized a different schedule for the affordable units to be built, the certificate of occupancy (temporary or permanent) for the first two affordable housing units shall be obtained prior to the issuance of a certificate of occupancy (temporary or permanent) for the eighth market unit; the third affordable housing unit shall be obtained prior to the issuance of a certificate of occupancy (temporary or permanent) for the 13th market unit; and the fourth affordable housing unit shall be obtained prior to the issuance of a certificate of occupancy (temporary or permanent) for the 14th market unit. Title on the affordable housing unit does not have to close before certificates of occupancy (temporary or permanent) are obtained on the subsequent units.

(b) 

If the affordable housing unit is not transferred from the MAH Zone to the TAH Zone, then unless COAH has authorized a different schedule for the affordable units to be built, the certificate of occupancy (temporary or permanent) for the first two affordable housing units shall be obtained prior to the issuance of a certificate of occupancy (temporary or permanent) for the eighth market unit; and the third affordable housing unit shall be obtained prior to the issuance of a certificate of occupancy (temporary or permanent) for 13th market unit. Title on the affordable housing units does not have to be conveyed before the certificates of occupancy (temporary or permanent) on the subsequent units are obtained.

(c) 

The first two affordable housing units are to be located in one and/or the other duplex fronting on a local street and the third affordable housing unit, and the fourth affordable housing unit if the option referred to in Subsection A(3)(a) above is exercised, shall be located in any of the duplexes whether or not fronting on a local street.

(4) 

All utilities shall be placed within a two-foot utility strip adjacent to the cartway and, where possible, shall be underground, including telephone, electric and outdoor lighting and CATV lines. The developer shall install fire hydrant(s) at locations specified by the Borough Engineer, Fire Official and Public Safety Officer, in accordance with the RSIS. Such hydrant(s) shall be provided with appropriate water pressure and otherwise be adequately maintained by the Borough.

B. 

Prohibited uses. For townhouse uses, all uses prohibited in the LGAH Zone shall be prohibited.

C. 

Additional regulations for townhouse development shall be as follows:

(1) 

As it relates to the townhouses which are designated for affordable housing units, the distribution of the affordable housing units shall be as follows:

(a) 

One unit shall be at least a one-bedroom of at least 750 square feet in size and shall be affordable to a low-income household; and

(b) 

Two units shall be two-bedroom of at least 900 square feet in size, one of which shall be affordable to a low-income family and one of which shall be affordable to a moderate-income family.

(c) 

In the event that the developer exercises its option to move the affordable housing unit from the MAH Zone to the TAH Zone, the fourth unit shall be affordable to a moderate income family.

(2) 

Reasonable efforts to design and build each of the duplexes in such a manner as to give each of them an appearance of a single-family home from the exterior (hereinafter "single-family effort"), shall be employed, except two separate front entrances will be permissible and two garages tangent to each other will also be permissible ("exceptions"). The Borough Engineer is hereby delegated with the authority, on behalf of the Borough, to review, comment upon, accept, and/or reject all design submissions with respect to the single-family effort ("Engineer's determination"), taking into consideration the Exceptions. The Borough Engineer is also delegated with the authority to determine that actual construction of the duplexes satisfies the approved design for the front and side elevations. The Borough Engineer shall make the Engineer's determination within 21 days of receipt of the elevation plans and so advise, within that time period, as to the specific modifications required to have the proposed elevations satisfy the single-family effort. Any modifications must be reasonable in scope, design and cost of construction for the purpose of achieving the single-family effort. If the determination or any subsequent review of any modification is not provided in a timely manner, then the proposed elevations shall be deemed acceptable by the Borough to satisfy the single-family effort.

(3) 

The minimum setback from the rear and side property lines for unattached garages shall be four feet.

(4) 

The developer shall pay to the Borough or the New Jersey Housing Mortgage Finance Agency ("HMFA") directly for the costs of the Borough's contracting with Affordable Housing Management Service ("AHMS"), or a designated administrative agent selected by the Borough, to market and properly restrict for occupancy the four affordable dwelling units, or if applicable the three affordable dwelling units, upon written notification from the Borough that marketing will commence.

D. 

Additional regulations for one-family dwellings and townhouses.

(1) 

Notwithstanding the Borough standards for streets, the following street standards shall apply:

(a) 

The right-of-way width of the public street shall be not less than 50 feet and the paved cartway width shall not be less than 30 feet, unless otherwise shown on a final subdivision and site plan approved by the Planning Board prior to June 1, 2000.

(b) 

Culs-de-sac shall have a right-of-way diameter of not less than 100 feet, and a paved cartway diameter of not less than 90 feet, unless otherwise shown on a final subdivision and site plan approved by the Planning Board prior to June 1, 2000.

(c) 

A sidewalk may be constructed along the cul-de-sac. No sidewalks shall be required except on lots fronting on Terrill Road, and as otherwise shown on a final subdivision and site plan approved by the Planning Board prior to June 1, 2000.

(d) 

Paved walkways to the entrance door of all lots shall be provided for pedestrian movement and access, unless otherwise shown to the contrary on a final subdivision and site plan approved by the Planning Board prior to June 1, 2000.

(e) 

Shade trees shall be placed at no greater than fifty-foot intervals along both sides of the local street and around the cul-de-sac. No existing trees on the property shall be removed without prior approval, except where the location of an existing tree interferes with the location of the house as shown in the developers agreement for the TAH Zone, the area within 12 feet of the footprint for the house as shown in the developers agreement for the TAH Zone, and/or the location of the driveway as shown in the developers agreement for the TAH Zone.

(2) 

Only a one-car garage may face a county road as part of a principal structure. Two-car garages shall be permitted if facing onto a local road or if placed in the rear of the lot, either attached to the principal structure or as a detached accessory structure.

(3) 

Principal structures shall be at least 15 feet apart on adjacent lots, except if otherwise shown in the developers agreement for the TAH Zone.

(4) 

Accessory structures shall not be permitted in the front yard. Accessory structure setbacks shall be five feet from the rear lot line and two feet from the side lot line, except as shown in the developers agreement for the TAH Zone. Reference is made to § 184-134 as it relates to accessory uses and structures in residential zones, which section shall only be applicable so long as it does not conflict with any other provision of this § 184-117.

(5) 

For one-family and townhouse dwellings, two parking spaces, not less than nine feet by 20 feet in area, shall be required for each unit on the same lot as they are intended to serve. An access driveway may be considered in meeting this requirement, provided that no more than one such space shall be located within the required front yard setback and no more than two feet from the side property line. Garage spaces shall be considered in meeting this requirement. No more than two garage spaces may face a local street but not a county road. No parking area for a single-family home shall have more than one access driveway with a curb cut no greater than 12 feet and a width no greater than 10 feet at the property line or within the required front yard setback; except where a two car garage is permitted, the curb cut including radii shall not exceed 24 feet in width and the driveway shall not exceed 18 feet in width. The setback of a driveway to a side property line shall not exceed two feet. No access driveway shall be located within an intersection or within 25 feet thereof Any two driveways may be located in adjacent side yards only if shown in that manner in the developers agreement related to that zone.

[Amended 12-13-2001 by Ord. No. 01-22R]

(6) 

All principal and accessory structures shall have peaked roofs.

(7) 

Where a two-car garage faces onto a local road, the curb cut including radii shall not exceed 24 feet in width and the driveway shall not exceed 18 feet in width. In all other instances, the maximum curb cut shall be 12 feet and the maximum width of a driveway in the front or side yard shall be 10 feet. The setback of a driveway to a side property line shall be two feet. Any two driveways may be located in adjacent side yards only if shown in that manner in the developers agreement for the TAH Zone.

(8) 

A fifteen-foot wide drainage easement shall be provided along the southerly property line of the TAH Zone, running through the back yards of Lots 10, 11, and 12 as identified in the developers agreement for the TAH Zone. Said easement may then run, either through the rear of Lot 13 and the side of Lots 15.01 and 15.02 to the county road, or through Lots 13, 14.01 and 14.02, and/or 15.01 and 15.02 to the local street.

(9) 

All standards for setbacks, location of building, off-street parking spaces and driveways shall be in accordance with the Borough Code, except as set forth in this section or as otherwise shown in the developers agreement for the TAH Zone.

E. 

Lot, area and yard requirements for townhouses.

[Amended 6-14-2001 by Ord. No. 01-10R]

(1) 

The following minimums shall apply:

(a) 

Lot size: 5,850 square feet of lot area if facing on a county road, and 6850 square feet of lot area if facing on a local street.

(b) 

Lot width: 65 feet facing a county road, and 80 feet facing a local street.

(c) 

Setbacks from external lot lines to:

[1] 

Buildings: 15 feet.

[2] 

Driveways: two feet.

[3] 

Off-street parking spaces: 15 feet.

(2) 

The following maximums shall apply:

(a) 

Gross density: one dwelling unit per 2,925 square feet of lot area.

(b) 

Building coverage (not including unattached garage): 38%.

(c) 

Impervious coverage (including unattached garage): 52%.

(d) 

Building requirements:

[1] 

Building length: 40 feet.

[2] 

Number of dwelling units per building: two.

[3] 

Building height: 35 feet or 2 1/2 stories, whichever is less.

(3) 

The three duplexes, containing six townhouse units, shall be zero lot line units as to the common walls with the other townhouse in the same duplex and the lots shall be sized as shown in the developers agreement for the TAH Zone.