The purpose of the TH-S Townhouse Set-Aside Zone is to provide for and encourage the construction of housing affordable to low- and moderate-income households by permitting townhouse development conditioned upon the agreement to set aside at least 20% of the units built for low- and moderate-income households.
A. 
Within the TH-S Zone, the following uses only are permitted:
(1) 
Provided that 20% of the dwelling units constructed are set aside for lease or purchase by low- and moderate-income households set forth in Article XI the following two uses are permitted:
(a) 
Townhouses as defined in § 28-1.2, except that individual yards shall not be required and flats may be included in the same building with the townhouse units.
(b) 
Flats.
B. 
Other uses permitted are:
(1) 
Common open space.
(2) 
Signs as accessory uses, as follows:
(a) 
Signs located at the entrance of a TH-S development. The total surface area of any such sign shall not exceed 32 square feet in surface area. No more than one sign shall be permitted per entrance.
(b) 
Directional signs for the convenience of the residents to identify parking spaces, rental offices, recreation areas, entrances and exits, which signs shall not exceed two square feet in surface area.
(c) 
The design, location and landscaping of signs shall be in accordance with the specifications and conditions determined by Article XXI, Signs, of this chapter.
(3) 
Notwithstanding the provisions of Subsection A of this section, if a development covers two or more set-aside zones and incorporates two or more set-aside housing types, the 20% set-aside requirement for low- and moderate-income households may be furnished all in one housing type or distributed among the housing types in proportion other than 20%, provided that 20% of the total units are set-aside units.
(4) 
Single-family and two-family dwellings in accordance with Article III, Schedule of General Requirements, and Article V of this chapter for the R-15 Zone.
(5) 
Accessory uses customarily incidental to the above uses.
C. 
Suspension of zoning. Following the construction of 120 townhouse set-aside units for low- and moderate-income households, the TH-S Zone, together with the regulations in this article, shall cease to be in effect for undeveloped lands, and upon such event, all undeveloped lands designated TH-S shall be rezoned in accordance with the designations provided by ordinance.
The density of a TH-S development shall not exceed 10 dwelling units per acre of site, including any new on-site streets, public or private.
A. 
There shall be off-street parking facilities for at least two automobiles for each dwelling unit. Each parking space shall measure at least nine feet by 20 feet. Off-street parking spaces may be covered or uncovered, within or adjacent to each dwelling unit or separate, or any combination of such parking arrangements. Any parking area for three or more automobiles shall be at least 25 feet from the front or rear wall of any dwelling unit and at least 10 feet from the side or end wall of any dwelling unit or group of dwelling units. There shall be no parking in the front yard setback of the lot, except on a driveway serving an individual townhouse unit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Parking areas shall be paved and curbed and provided with adequate stormwater drainage. The parking plan must be approved by the municipal agency. Each dwelling unit shall be assigned at least one parking space, either in a garage or in a parking area.
The minimum area for a TH-S development shall be five contiguous acres exclusive of existing public streets.
The maximum coverage of the site by all buildings shall be 30% of the site area exclusive of existing public streets. The maximum impervious surface shall be 60% of the site area.
A. 
The minimum width of any townhouse dwelling unit or flat shall be 18 feet.
B. 
The distance between buildings shall be not less than 30 feet.
C. 
The maximum size of any building containing townhouses, flats or a combination thereof shall be eight dwelling units per floor. When a dwelling unit occupies more than one floor, the part of each floor shall be counted as a whole dwelling unit for the purposes of computing the number of dwelling units per floor.
D. 
Each building shall contain an enclosed, lockable storage space for each unit, exclusive of closets. Such storage space shall be at least 60 square feet in area and six feet in height and shall be provided within the unit or in a common area such as a basement or cellar.
E. 
Built-in air-conditioning units shall not project more than two inches from the outside face of the wall.
F. 
Each dwelling unit shall have at least two exterior exposures, each of which shall be provided with windows, doors or a combination thereof so as to provide cross and through ventilation for such unit.
G. 
Minimum floor area.
(1) 
The minimum floor space of any unit shall be as follows or in conformity with the standards set forth in the Department of Housing and Urban Development Minimum Property Standards for Multifamily Housing, 401-3 to 3.6 (1979), whichever is less:
(a) 
One-bedroom unit: 550 square feet.
(b) 
Two-bedroom unit: 660 square feet.
(c) 
Three-bedroom unit: 800 square feet.
(2) 
At least 20% of the low- and moderate-income units shall be three-bedroom units, and no more than 50% shall be one-bedroom or efficiency units. No garage, cellar or storage area shall be counted towards meeting the minimum floor area requirements for dwelling units.
H. 
The front or rear setback of any dwelling, as measured from the curb to any private street, drive, or parking area for three or more automobiles, shall not be less than 25 feet. The side setback of any dwelling shall not be less than 10 feet as measured from the curb of any private street, drive or parking area for three or more automobiles.
I. 
Other building requirements shall be set forth in § 28-3.2. The municipal agency shall reduce the fifty-foot yard requirement if the developer demonstrates to the agency's satisfaction that the cost of utility installation would be excessive unless a smaller yard is permitted. In no case, however, will a yard of less than 25 feet be permitted.
A. 
Any new public street, private interior road or driveway shall be constructed so as to intersect any existing or proposed public street at least 100 feet from any existing or proposed intersection. If, in the opinion of the municipal agency, a proposed intersection located 100 feet from another intersection would create a special hazard because of road alignment, topographic conditions, or existing or projected traffic conditions or other conditions, the agency may require such proposed intersection to be located up to 200 feet from such other intersection.
B. 
Each development of eight or more acres, having frontage in excess of 400 feet, or smaller development with frontage on two existing streets, shall be provided with at least two access roads as means of traffic ingress and egress to the development. Said roads shall not be less than 200 feet.
C. 
Streets which are to be dedicated as public streets shall conform to the Borough standards for public streets as to width and construction. All dedicated streets shall have curbs. Streets which are to be private interior roads shall have a right-of-way width of 40 feet and a curbed pavement width of 30 feet for two-way streets and a right-of-way width of 35 feet and a curbed pavement width of 25 feet for one-way streets. All private roads and accessways shall be kept open for access by all emergency vehicles and the Department of Public Works and Utilities. Maintenance, cleaning or snow removal on all such roads shall be carried out by the management of the development according to the satisfaction of the Borough. Any failure on the part of the owner to comply shall result in the work being done by the Borough at the expense of the owner, and, to the extent permitted by law, such expense shall become a lien against said property.
D. 
Sidewalks along public streets shall be constructed in accordance with the municipal standards, except that the municipal agency shall have the power to decrease the number and width of such sidewalks if it deems it necessary in accordance with Article XI, Affordability Control.
E. 
Sidewalks of at least four feet in width shall be provided to connect the entrance of each dwelling unit with a public street or interior road and to connect each residential building to the parking areas serving such building.
F. 
Sidewalks of at least four feet in width shall be provided on at least one side of all private roads. No sidewalk, except those leading to a building entrance, shall be closer to a building than 10 feet.
G. 
Sidewalks not on public streets shall be of concrete, constructed in accordance with the Borough's specification ordinance, except that the municipal agency shall have the power to modify these standards if it deems it necessary in accordance with Article XI, Affordability Control.
A. 
Every dwelling unit shall be provided with public water and public sanitary sewer which shall be installed by and at the expense of the developer.
B. 
All utilities shall be installed underground.
C. 
Streetlighting on public and private streets shall be in accordance with the specifications in the Borough ordinance. Additional lighting shall be provided as necessary to minimize hazards to pedestrians and motor vehicles in parking areas near dwelling entrances and along sidewalks.
D. 
If refuse pickup areas are provided, they shall be located for the occupants' convenience. All such areas shall be screened with evergreens on three sides and planted to the height of at least four feet, or with a solid wood or decorative masonry screen high enough to shield the container in the pickup areas.
E. 
Television antenna equipment shall be built into the building or provided by means of common antenna tower, provided that such tower receives all required municipal approvals.
A. 
All developments shall be provided with liberal and functional landscaping schemes. Roads and pedestrian walks shall be provided with shade trees which are at least a minimum size and character in accordance with the standards in Chapter 17, Land Development Review, and of the Shade Tree Committee of the Borough.
B. 
Open space adjacent to buildings, malls between buildings intended for utilization by residents and border strips along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or planted with trees and shrubs or any combination thereof. Areas not used for buildings, terraces, recreation equipment, drives, parking spaces or sidewalks shall be seeded or landscaped and maintained in a proper condition. Unless all of the dwelling units are to be rented, these areas shall be placed in a common open space organization plan pursuant to Article XV of Chapter 17, Land Development Review.
C. 
Where necessary to shield occupants and adjoining properties from unsightly, disturbing or light-glaring areas, screening or buffers consisting of a solid evergreen hedge at least five feet tall at planting or earth berm and smaller plantings totaling five feet in height shall be installed. The municipal agency may permit a solid wood fence or decorative masonry wall in lieu of an evergreen hedge where conditions warrant.
D. 
The developer shall furnish, together with the plans and specifications required under Chapter 17, Land Development Review, of the Code of the Borough of Lincoln Park, landscaping plans drawn by a licensed professional, indicating landscaping intended for the development as well as plans for lighting the grounds, roads, drives, walks, parking areas and building entrances. Additional plans shall show contours, drainage areas, streams, wooded areas and any other natural features of the land in a natural state before development proposals.
E. 
There shall be a buffer strip of at least 25 feet in width on all lot lines adjoining zone district lines and on all lot lines adjoining existing improved residential property. No buffer shall be required where such lot line borders a public street. All such buffer strips, if wooded, shall remain in their natural state or otherwise shall be planted with an evergreen screen at least six feet in height.