[Amended 10-7-2019 by Ord. No. 11-19, effective 10-28-2019; 12-7-2020 by Ord. No. 12-20, effective 12-28-2020]
A.
Within the ACH Overlay Zone, no premises, lot, building or structure
shall be used and no building or structure shall be erected or altered
to be used in whole or in part for any other than the following purposes:
(1)
All underlying zone uses. Bulk regulations for the underlying
zones apply except when the land is developed in accordance with the
provisions of the ACH Zone.
(2)
Subsidized very-low-, low- and moderate-income senior citizen
housing developed by nonprofit or limited profit qualified sponsors
financed and otherwise subsidized by the United States Department
of Housing and Urban Development and/or the New Jersey Housing and
Mortgage Finance Agency, subject, nevertheless, to the further provisions
of this chapter.
(3)
Nonsubsidized fair market development in accordance with standards applicable to the TH-S Zone, Article VI, except that:
(a)
All units in this ACH Overlay Zone shall be occupied by at least
one person 55 years of age or older and shall not be occupied by persons
under 19 years of age, with an exception provided solely in the circumstance
in which a resident who is 55 years of age or older, because of a
disability, requires that a caregiver or attendant who is under 19
years of age reside in the unit.
(b)
Density shall not exceed 10 dwelling units per acre.
(d)
One and 1/2 off-street parking spaces shall be required for
each dwelling unit.
B.
Notwithstanding the provisions of Subsection A of this section, if a development covers two or more set-aside housing types, the 20% set-aside requirement for very-low-, 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 as age-restricted, affordable housing units.
[Amended 10-7-2019 by Ord. No. 11-19, effective 10-28-2019; 12-7-2020 by Ord. No. 12-20, effective 12-28-2020]
A.
The residents of a subsidized ACH development established pursuant
to this section shall be limited to qualifying very-low-, low- and
moderate-income elderly and handicapped persons as defined and otherwise
in accordance with the standards and requirements established by the
United States Department of Housing and Urban Development and/or the
New Jersey Housing and Mortgage Finance Agency. Units in the ACH development
zone shall be occupied by at least one person 55 years of age or older
and shall not be occupied by persons under 19 years of age, with an
exception provided solely in the circumstance in which a resident
who is 55 years of age or older, because of a disability, requires
that a caregiver or attendant who is under 19 years of age reside
in the unit.
B.
Residency priority (federal- or state-funded projects). Subject to
requirements and standards established by the funding agency, preference
shall be given in the following order:
(1)
First priority: Lincoln Park senior citizens.
(2)
Second priority: senior citizens who are parents of Lincoln
Park residents.
(3)
Third priority: senior citizens who have resided within Lincoln
Park within the last three years.
(4)
Fourth priority: senior citizens residing within Morris County.
(5)
Fifth priority: senior citizens residing in contiguous counties
to Morris County.
(6)
Sixth priority: other senior citizens.
C.
Lot area and density.
(1)
The minimum lot size shall be five acres.
(2)
No subsidized housing project shall be more than 150 units.
(3)
No project shall exceed a density of 15 units per gross acre.
(4)
Dimensional requirements shall be subject to waiver by the Planning
Board when funding agency standards differ from the appropriate section
of this chapter.
(5)
Off-street parking spaces shall be provided at a rate of one
per two dwelling units, plus guest parking as permitted by the funding
agency.
(6)
Where funding agency standards are made part of any application,
the municipal agency shall have the right to reject those standards
where it is deemed detrimental to the zone plan.
D.
Building coverage. The total ground area of all buildings, including
accessory buildings, shall not exceed 18% of the lot area. Maximum
impervious surface shall not exceed 50% of the lot area.
E.
In all subsidized ACH developments, the architectural design for
all buildings and recreation facilities must be consistent with the
ultimate purpose of achieving independent, self-reliant and pleasant
living arrangements for senior citizens and should take into account
the desires and needs of older persons for privacy, participation
in social and community activities and access to community activity
areas. At the same time, provisions should be made to accommodate
the limitations that sometimes accompany advancing years so that independent
living can be sustained.
A.
All developments shall have a minimum frontage of 200 feet upon an
accepted public street improved to the standards of the street specifications
of the Borough.
B.
No building or structure shall be located closer than 50 feet to
any boundary line of the development. No off-street parking area shall
be located within the front yard setback or closer than 25 feet to
any property line.
C.
Distance between buildings. There shall be a minimum distance between
adjacent buildings equal to or greater than the height of the taller
building.
D.
Height requirements. The maximum height of any building or structure
shall be as required by the funding agency.
E.
The minimum living floor area for each dwelling unit shall be as
required by the funding agency for subsidized developments.
F.
An overall theme of architectural design shall be utilized within
the development for the purpose of presenting an aesthetically desirable
effect and shall be such that it provides varied building elevations,
design and structural appearance within the context of the overall
theme.
A.
Two means of safe traffic ingress and egress shall be provided into
the tract.
B.
Each residential unit, sidewalk, driveway and common area shall be
designated to provide adequate, convenient and safe use of all facilities
by older persons. The grades of sidewalks, driveways and roads shall
not exceed 6%. Minor exceptions may be made to the grade requirements
by the municipal agency in exceptional circumstances.
C.
All internal roadways and off-street parking areas shall be paved,
bounded by permanent curbing and provide, as required, sidewalks,
all of which shall be constructed in accordance with Borough specifications.
D.
Internal roadways and parking areas shall be located at least 25
feet from a building, except where a driveway leads to a garage, and
at least 25 feet from a property line and from a public street.
E.
The Borough may require all streets or drives within the complex
to be retained by the owner for maintenance and repairs.
F.
Internal roadways shall be at least 40 feet of right-of-way with
30 feet of pavement width for two-way traffic and 30 feet of right-of-way
with 20 feet of pavement width for one-way traffic and shall not enter
a public street within 100 feet of an intersection. Guest parking
on internal roadways shall be designated and limited.
G.
The arrangement and location of internal roadways, garages and parking
areas shall be subject to the approval of the municipal agency and
shall be designated to ensure safe and adequate circulation for residents
and their guests and for emergency vehicles.
H.
Pedestrian sidewalks shall also be provided in suitable locations,
including entrances and exits, wherever normal pedestrian traffic
will occur and in order to handle the pedestrian traffic which the
development will create. Special consideration shall be given to provide
pedestrian access to the central business district.
I.
It is the intent of the zone plan that all multifamily ACH developments
shall be designated and maintained as private developments. Maintenance
of all internal roadways, sidewalks, curb, drainage, landscaping,
sewer lines, garbage collection, lighting and other common space services
such as snow and ice removal for all internal streets and sidewalks
shall be provided by the owner so as to maintain adequate, convenient
and safe use.
J.
The municipal agency may waive any of the above provisions and request
the municipality to accept improvements as public.
A.
The developer shall furnish, along 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 landscape architect which shall include plans for lighting the grounds, roads, drives, walks, parking areas and building entrances of the development. Plans shall show separately contours, drainage areas, streams, wooded areas, and any other natural features of the land in a natural state before development proposals.
B.
Down lighting shall be provided around all buildings. All walkways,
parking areas, and outdoor activity areas to be used after dusk shall
be lighted. Adequate shielding shall be provided so that direct or
reflected glare from any on-site source shall measure no more than
1/2 footcandle at any property line where adjacent property is residentially
zoned.
C.
Any development shall be provided with liberal and functional landscaping schemes. Roads and pedestrian walks shall be provided with shade trees which are a minimum size and character in accordance with the reasonable recommendations of the Shade Tree Committee of the Borough of Lincoln Park and Article VIII, § 17-8.3, of Chapter 17, Land Development Review. The owner shall be required to maintain all plantings so that they do not obstruct walks or parking areas and, where adjacent to buildings, so that they do not grow higher than any windowsill so as to obstruct the window.
D.
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, drives and parking spaces
shall be seeded and landscaped and shall be maintained in a proper
condition.
E.
Screening or buffers consisting of plantings, strips and fences shall
be required around outdoor utilities and around any other similar
areas, along property lines of adjacent properties and around all
parking areas in order to shield occupants and adjoining properties
from such unsightly, disturbing or light glaring areas. Such screening
or buffers shall be installed by the owner and shall consist of a
solid evergreen hedge at least five feet tall at planting or earth
berms and smaller plantings totaling five feet in height.
F.
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 planted
with a landscaped visual screen at least six feet in height.
A.
The size and arrangement of bathrooms and fixtures therein shall
be adequate for the convenient use of the older person. The floor
finish shall be impervious to water, have nonslip characteristics
and slope toward the center away from the door. The threshold of the
bathroom shall be flush with the floor. All plumbing fixtures, accessories
and trim shall be selected for and provide the maximum contribution
to the safety, convenience and aid of older persons. Grab bars shall
be provided beside toilets and in bathtubs and/or shower stalls. Shower
stalls will include a built-in seat or bench or sufficient space for
a bath stool.
B.
Emergency buzzers, which also unlock the front door, should be installed
in the bathroom and next to the bed.
C.
Community/recreation facilities and lounge areas shall be provided
as required by the funding agency.
D.
Adult community housing developments shall be provided with adequate
public areas, such as mail room, laundry room, lobby, lounge and/or
recreation area, as required by the funding agency for the use of
the residents.
E.
A lockable storage space of at least 32 square feet and not less
than six feet high shall be provided for each dwelling unit. Storage
shall be located in the basement or in other areas of the buildings
unless such a storage area is provided within the dwelling unit, in
addition to the normal complement of closets.
F.
Ramps shall be provided for access to all outdoor recreation areas
within the development, as needed.
G.
Ramps shall be provided at the entrances of at least 25% of all apartments
in the development.
Any person, firm, corporation, partnership, association or other entity violating or attempting to violate any provisions of this article, or any rule, regulation or order promulgated thereunder, shall be subject to a penalty as provided in § 28-26.6 of this chapter. The violation or attempted violation of this article or any rule, regulation or order promulgated thereunder shall constitute a separate offense for each day that it continues.
