[Added 8-21-2017 by Ord.
No. 6-17, effective 9-10-2017]
The purpose of the TH-MF/SA I Zone is to create the opportunity
for the construction of inclusionary multifamily residential developments,
with a set-aside for housing units affordable to very-low, low- and
moderate-income households, which development would be permitted as
a matter of right on the sites included in this zone. Where the affordable
housing units will be rental units, the required set-aside rate shall
be at least 15% of all multifamily housing units built, and where
the affordable housing units will be for sale, the required set-aside
rate shall be at least 20% of all multifamily housing units built
(these units shall hereafter be referred to as "affordable units").
A.
B.
The following accessory uses shall be permitted in the TH-MF/SA I
Zone:
(1)
Common open space including community buildings and recreational
facilities.
(2)
Signs subject to the following:
(a)
Entrance signs, provided that the total surface area shall not
exceed 32 square feet in surface area on any single side. No more
than one sign shall be permitted per entrance.
(b)
Directional signs to identify parking areas, sales or rental
offices, recreation areas, entrances and exits, which signs shall
not exceed two square feet in surface area.
(3)
Parking garages attached and accessory to the principal permitted
uses subject to the design standards set forth in this article.
C.
The foregoing uses are permitted provided that at least 15% of all
dwelling units constructed in the zone shall be affordable units if
the affordable units will be for rent and provided that at least 20%
of all dwelling units created in the zone shall be affordable units
if the affordable units will be sold. All affordable units shall meet
all applicable requirements of Article XI below, the regulations of
the New Jersey Council on Affordable Housing set forth in N.J.A.C.
5:93-1 et seq., or any successor statutes or regulations, and the
Uniform Housing Affordability Controls (UHAC) set forth in N.J.A.C.
5:80-26.1 et seq. (as those regulations may be amended from time to
time), except that instead of the requirement that 10% of all rental
units shall be affordable to households earning 35% or less of regional
median income by household size, the requirement shall be that 13%
of all rental units shall be affordable to households earning 30%
or less of regional median income by household size, so that the Borough
of Lincoln Park shall receive full credit against its affordable housing
fair share obligation for all such affordable units.
D.
The requirements with which all affordable units must comply shall
include, but shall not be limited to, those in N.J.A.C. 5:93-1 et
seq. and/or UHAC, or any successor statutes or regulations, pertaining
to site suitability, phasing of the construction of the affordable
units in relation to the construction of market-rate units, design
and integration with market-rate units, access to community amenities
and use of the same heating source as the market-rate units, barrier-free
accessibility and/or adaptability for first-floor units, affordability
controls and affirmative marketing.
E.
The affordable units shall be fully integrated with the market units
within the development. The site plan/architectural plans submitted
with the application for site plan approval shall identify the exact
locations and sizes of each of the affordable units proposed.
F.
A portion of the required number of affordable units for a particular
development may be transferred from one approved development parcel
to another by a developer undertaking multiple simultaneous projects
within Lincoln Park, pursuant to a developer's agreement executed
with the Borough, provided that the affordable units required for
each development can and will be constructed in accordance with COAH's
phasing requirements at N.J.A.C. 5:93-5.6 relative to the completion
of the market units in the development from which the requirement
for the affordable units originates.
A.
The minimum lot area shall be at least four contiguous acres and
the density shall not exceed 28.44 dwelling units per gross acre,
up to a maximum of 128 units.
B.
There shall be a minimum frontage of 150 feet upon an accepted public
street, improved to the street specification standards of the Borough,
county or state.
C.
If more than one building is constructed on the site, there shall
be a minimum distance between buildings of 30 feet, except that any
two buildings that are each taller than 35 feet shall be separated
from one another by at least 50 feet.
D.
The maximum height of any portion of a building or structure located
within 75 feet of Main Street shall be 40 feet to the midpoint of
the roof above the original grade and no more than two residential
stories. The maximum height of any portion of a building that is located
more than 175 feet from Main Street shall be 65 feet to the midpoint
of the roof above the original grade and no more than four residential
stories over a one-story above-grade parking garage. Any subsurface
parking levels that are partially exposed above grade shall be included
in the foregoing height limitations on the Main Street side of the
property only.
E.
The maximum impervious surface coverage (including all buildings)
shall not exceed 75% of the site area.
F.
No building shall be located within 75 feet of a front lot line or
within 25 feet of a side or rear lot line, and no other structure,
including parking, land disturbance or construction, shall be permitted
within 50 feet of a front lot line or within 25 feet of a side or
rear lot line except for the following:
(1)
Extensions of required utility lines and underground utility structures;
(2)
Landscaping approved by the municipal agency;
(3)
Non-paved, pervious walking trails; and
(4)
Driveways and/or emergency accessways at locations approved by the
municipal agency, and further provided that parking areas and access
drives may be extended to within five feet of a rear lot line.
G.
Accessory buildings, if provided, shall comply in all respects with
the bulk requirements set forth in this section.
A.
On-site parking shall be provided in conformance with the requirements
of the Residential Site Improvement Standards (RSIS).
B.
Any outdoor parking area for three or more automobiles shall be separated
from the nearest building by a sidewalk at least four feet wide.
C.
There shall be no parking within 50 feet of the front lot line or within 25 feet of any side lot line, except as specifically permitted by § 28-8.3F above.
D.
Surface parking areas shall be paved and curbed and provided with
adequate stormwater drainage in conformance with RSIS requirements.
E.
In cases where a private one- or two-car garage is provided for exclusive
use of the residents of an individual unit, such garage space shall
be used solely for parking of motor vehicles and shall be designed
to adequately accommodate the parking of the intended number of vehicles
in spaces measuring at least nine feet by 20 feet. Under no circumstances
shall any such area(s) be used for storage or for any other use that
would interfere with motor vehicle parking.[1]
F.
The design of a common parking garage shall be as follows:
(1)
Parking spaces within a common garage shall be individually numbered
and reserved for use by a tenant of a designated unit, except that
parking spaces that may be designated for visitors shall be marked
as "Visitors Only" spaces. Each dwelling unit shall be provided with
the correct number of on-site parking spaces in accordance with N.J.A.C.
5:21 et seq., and each affordable unit shall be provided with a minimum
of two parking spaces as part of the base rent, unless a different
allocation is approved by the Planning Board at the time of site plan
approval. All parking spaces shall measure a minimum of nine feet
by 20 feet and all traffic aisles shall be a minimum of 24 feet wide.
The minimum floor-to-ceiling height of at least one parking level
shall be not less than eight feet, two inches high (98 inches).[2]
(2)
In order to facilitate emergency responses to accidents or injuries
occurring within the parking garage, an electric, rechargeable, emergency
access cart equivalent to the three-passenger electric ambulance golf
cart, MotoEV Electro Bubble Buddy LSV Edition, manufactured by Moto
Electric Vehicles, shall be provided and maintained by the owner of
the building, to be permanently parked in a location immediately adjacent
to the garage entrance. The garage shall be accessible by elevator
from within the building and by a double man-door (six feet wide)
to be located at the rear (north side) of the building to provide
direct access to the exposed level of the garage from the exterior
of the building.
A.
All streets, sidewalks and driveways in the TH-MF/SA I Zone shall
be in conformance with applicable RSIS requirements.
B.
Primary access to the development shall be from a county or state
road.
C.
Sidewalks shall be provided in suitable locations, including along
the street frontage and at entrances and exits to the development
and to the building(s) within the development and wherever pedestrian
traffic is anticipated to occur.
It is the intent of the zone plan that all TH-MF/SA I Zone development shall be designated and maintained as a private development. Subject to the provisions of N.J.S.A. 40:67-23.2, the developer shall comply with the provisions of Chapter 17, Land Development Review, § 17-16.8, Common open space, and § 17-16.9, On-tract and off-tract improvements and utilities. Maintenance of all internal roadways, sidewalks, curbs, drainage, landscaping, sewer lines, and lighting and the provision of other types of common space maintenance services, such as snow and ice removal, shall be provided by the owner or condominium association so as to maintain adequate, convenient and safe use of the project.
A.
The minimum width of any dwelling unit shall be 18 feet.
B.
Each two- and three-bedroom affordable unit shall be provided with
an enclosed, lockable storage space, in addition to the closets located
within these units. Such storage space shall be at least 216 cubic
feet in area and at least six feet in height and shall be provided:
(1)
Within or adjacent to the dwelling unit served;
(2)
Subject to the requirements of § 28-8.4E above, within or adjacent to the garage serving the unit; or
(3)
Within or adjacent to a common area such as a basement or hallway,
provided that such storage space shall have either direct access to
the exterior of the building or access to the exterior via a common
interior hallway with elevator access, if above the ground level.
C.
Built-in air-conditioning units shall not project more than two inches
from the outside face of the wall.
D.
A townhouse 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 or through ventilation for such unit. A flat
shall have at least one exterior exposure.
E.
No structure or equipment of any kind shall be attached to the finished
exterior surface of the roof, walls or other portions of any building
containing townhouses and/or flats other than residential-style lighting
fixtures, gutters, downspouts, shutters, structures, fixtures or equipment
required for compliance with the Uniform Construction Code and/or
a maximum of one satellite dish antenna per unit, not exceeding one
meter (3.28 feet) in diameter, and located wholly within the perimeter
of a deck, balcony or patio attached to and intended for the exclusive
use of residents of the unit served by the satellite dish antenna.
Such deck, balcony or patio must be surrounded by a railing not exceeding
36 inches in height or the minimum height required by the Uniform
Construction Code, whichever is greater. No portion of the satellite
dish antenna may extend above the top of the surrounding railing,
unless the unit owner shall establish that, in the particular case
of the unit in question, this requirement will unreasonably impair
signal reception. Any satellite dish antenna herein permitted and
all of its appurtenances must be painted to match, or blend with,
the predominant color of the background surrounding the antenna, as
determined by the reviewing authority issuing approvals for installation
of the antenna.
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 professional which shall include lighting plans for illuminating the grounds, roads, drives, walks, parking areas and building entrances of the development. Plans shall also be provided showing the existing contours, drainage areas, streams, wooded areas, and any other natural features of the land prior to the proposed development.
B.
Down lighting shall be provided around all buildings. All walkways,
parking areas and outdoor activity areas to be used after dark shall
be lighted. Adequate shielding shall be provided so that direct or
reflected glare from any on-site source shall measure no more than
0.1 footcandle at any property line.
D.
Open space adjacent to buildings and spaces 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 and shall be planted with trees and shrubs or any combination
thereof. Areas of the site not used for buildings, terraces, drives
and parking spaces shall be seeded and landscaped and shall be maintained
in a proper condition, unless approved by the municipal agency to
remain in a natural state.
E.
Screening or buffers consisting of plantings and fences shall be
required around outdoor utility structures and other similar areas
and around all parking areas to shield such areas and any associated
lighting, to the extent practicable, from view by occupants and adjoining
properties. Such screening or buffers shall consist of either a solid
evergreen hedge at least four feet tall at time of planting or earthen
berms with smaller plantings (not less than three feet tall at planting)
totaling at least four feet in combined height. Screening and buffer
plantings shall also be required along all perimeter property lines,
where existing vegetation does not provide an effective buffer or
screen. Such plantings shall consist of a double staggered row of
evergreen trees to form a continuous horizontal visual barrier. Such
plantings shall be at least six to eight feet tall at the time of
planting. The spacing of the plantings, center to center and offset
of the staggered rows, shall be designed to achieve a continuous visual
horizontal barrier at the time of planting. The use of earthen berms,
with shorter plantings on top, to achieve the stipulated six to eight
feet height at the time of planting shall only be considered for approval
by the municipal agency when it is determined that the installation
of such earthen berms will not adversely impact existing vegetation
that should be retained and surrounding properties.
F.
There shall be a buffer at least 50 feet in width along Main Street
and 25 feet in width alongside lot lines. All such buffers, if wooded,
shall remain in their natural state and shall be supplemented with
additional plantings where necessary for effective screening. Where
an emergency access drive constructed of structural grass pavers is
located within a required buffer, no plantings shall be required (other
than grass within the structural grass pavers). Otherwise, such buffer
(when not already sufficiently wooded) shall be planted with a landscaped
visual screen at least six to eight feet in height at time of planting.
The developer shall provide an outdoor walking trail for use
of the residents within any residential development in the TH-MF/SA
I Zone. The location and design of the walking trail shall be reviewed
and approved by the municipal agency during site plan review. Walking
trails shall be designed, to the extent feasible, in a looped configuration,
without dead ends, and with at least 1,312 linear feet (400 meters)
of trail length. Walking trails may be incorporated into the structural
grass pavers used for emergency access drives. The developer may,
in addition, provide other appropriate active and/or passive outdoor
recreation areas and facilities. Handicap ramps shall be provided
for access to all such areas and facilities as needed. All active
recreation areas (except non-paved, pervious walking trails) shall
comply with perimeter property line setback and buffer requirements.
A.
Garbage collection shall be accomplished by individual unit pickup,
in the case of a townhouse development, or from common refuse collection
containers, in the case of buildings containing apartment flats. Common
refuse collection containers shall be located either within one or
more separate walled enclosures or within a portion of each building
that is walled off from the rest of the building and is directly accessible
to the outdoors for collection purposes. Where common refuse collection
containers are provided, the enclosure shall have adequate storage
space for all recyclable materials as well and shall be readily accessible
for collection purposes without the need for special accommodations.
Storage of garbage and recyclables for townhouses shall be within
the enclosed garages provided for the individual units.
B.
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. In addition, a fire hydrant shall be provided on site adjacent
to the interior at-grade cul-de-sac as well as in other locations
as recommended by the Fire Official.
C.
All utilities shall be installed underground.
D.
Streetlighting on public and private streets shall be in accordance
with the specifications in the Borough ordinance.
E.
Adequate lighting shall be provided along pedestrian walkways, within
parking areas, and at dwelling entrances and access routes.
The Planning Board shall comply with the provisions of N.J.A.C.
5:93-10.1 regarding the expedited review of inclusionary residential
development applications.
