[Added 6-18-2018 by Ord.
No. 1128-18]
The purpose of this district is to encourage the production
of low- and moderate-income housing in conformance with the latest
procedural and substantive rules for affordable housing as determined
by the courts or other applicable authority, by permitting inclusionary
townhouse and multifamily development subject to the AH-2 regulations
enumerated herein. This article is created in fulfillment of a settlement
agreement by and between the Borough of Old Tappan, New Jersey, SMDC,
LLC and the Fair Share Housing Center in connection with the Borough
of Old Tappan's declaratory judgment action captioned "In the Matter
of the Application of the Borough of Old Tappan" bearing docket number
BER-L-6086-15 pursuant to in re the Adoption of N.J.A.C. 5:96 and
5:97 by the Council on Affordable Housing, 221 N.J. 1 (2015).
Any use which is ordinarily subordinate and customarily incidental
to the principal permitted uses allowed in the AH-2 Zone, including
but not limited to decks and patios.
A.
Maximum density: The total number of units shall not exceed 26 units.
B.
Townhouse and multifamily area, external yard and bulk requirements.
(1)
Minimum lot area (acres): three.
(2)
Minimum lot width (feet): 300.
(3)
Minimum lot depth (feet): 400.
(4)
Minimum distance between buildings (feet): 30.
(6)
Maximum number stories and building height: three stories/35
feet.
(7)
Maximum building lot coverage: 25%.
(8)
Maximum impervious lot coverage: 60%.
(9)
Maximum building length (feet): 220.
(10)
Minimum landscaped buffer area: As defined by § 255-4, a minimum thirty-foot planted landscape buffer shall be maintained from the side property line and forty-foot planted buffer shall be maintained from the rear property line. No buffer area shall be required in the front yard. Such buffer shall be required to provide year-round visual screening as determined by the Planning Board.
NOTE: *Except porches, balconies and decks may extend into a
required side and rear yard by no greater than six feet.
A.
Residential Site Improvement Standards (RSIS) shall apply.
B.
Required off-street parking for townhouse or duplex units in combination
with affordable housing units in stacked arrangements: At least one
of the two stacked affordable units within a townhouse building shall
have a minimum of one garage space. One additional parking space for
this affordable unit shall be provided in its associated driveway
in front of the garage. The second affordable unit, lacking a garage
space, shall have one driveway space, with the additional required
parking for both affordable units provided per RSIS standards within
150 feet of said units. Required off-street visitor parking for low-
and moderate-income units, as required by RSIS, should be located
within 150 feet of the units serviced. All exterior parking shall
be landscaped, screened, and lighted, where appropriate.
C.
Each garage space shall be counted as 1.0 parking space. A one-car
garage and driveway combination shall be counted as 2.0 parking spaces
provided the driveway measures a minimum of 18 feet between the face
of the garage door and the internal roadway line [RSIS § 5.21-4.14(d)].
Required visitor parking spaces for market rate units shall be provided
no farther than 250 feet of the unit it serves.
A.
Landscaping.
(1)
Landscaping shall be provided to promote a desirable visual
environment, to accentuate building design, define entranceways, screen
parking areas, mitigate adverse visual impacts and provide windbreaks
for winter winds and summer cooling for buildings, and enhance buffer
areas. The impact of any proposed landscaping plan at various time
intervals shall be considered. Plants and other landscaping materials
shall be selected in terms of aesthetic and functional considerations.
The landscape design shall create visual diversity and contrast through
variation in size, shape, texture and color. The selection of plants
in terms of susceptibility to disease and insect damage, wind and
ice damage, habitat (wet-site, drought, sun and shade tolerance),
soil conditions, growth rate, longevity; root pattern, maintenance
requirements, etc., shall be considered. Consideration shall be given
to accenting site entrances and unique areas with special landscaping
treatment. Flowerbed displays are encouraged.
(2)
Landscaped islands should be at least six feet in width to accommodate
plantings.
(3)
Landscaping within sight triangles shall not exceed a mature
height of 30 inches. Shade trees shall be pruned up to an eight-foot
branching height above grade.
(4)
All areas that are not improved with buildings, structures and
other man-made improvements shall be landscaped with trees, shrubs,
ground cover, street furniture, sculpture or other design amenities.
(5)
Shade trees should be a 2.5- to three-inch caliper with a canopy
height of at least the minimum American Nursery and Landscape Association
standards for this caliper.
(6)
Ornamental trees shall be installed at a minimum size of six
feet in height.
(7)
Shrubs shall be planted at a minimum size of 18 to 24 inches.
(8)
All plant material shall meet the minimum latest American Nursery
and Landscape Association standards.
(9)
Buffer areas. Buffers shall comply with the following standards:
(a)
Buffer planting shall provide year-round visual screen in order
to minimize adverse impacts from a site on an adjacent property or
from adjacent areas. It may consist of evergreen and deciduous trees
and shrubs, berms, boulders, mounds, or combinations thereof to achieve
the stated objectives as approved by the Planning Board. While fencing
may be installed to delineate the property line, the use of fencing
or walls shall not be relied upon as the primary source of screening.
(b)
Where required, buffers shall be measured from property lines
and street rights-of-way. Compliance shall be determined by the Planning
Board, and any approvals required pursuant to this section shall be
obtained at the time of site plan and subdivision review. Buffer areas
may overlap required setbacks.
(c)
The landscaping shall be designed to provide a visual screen
along the majority of the buffer area. Planting shall be installed
at a variety of sizes which conform to the following minimum sizes:
(d)
No buildings, structures, accessory structures, parking, driveways,
or storage of materials shall be permitted within the required buffer.
(e)
Existing vegetation within the required transition buffer shall
be preserved, as determined appropriate. It shall be supplemented
with shade-tolerant naturalistic massed plantings where necessary
to provide screening of adjoining land uses.
(f)
Irrigation shall be provided for all buffer plantings and sodded
lawn areas in a manner appropriate for the specific plant species.
A growth guarantee of two growing seasons shall be provided and all
dead or dying plants shall be replaced by the applicant, as required,
to maintain the integrity of the site plan.
(10)
Landscape plantings. A minimum of 30% of the plantings proposed
shall be indigenous to the region.
(11)
Landscape plan content. A landscape plan shall be submitted
with each major site plan or major subdivision application. In addition
to the major site plan or subdivision submission requirements, the
landscape plan shall include and identify the following information:
(a)
Existing and proposed underground and aboveground utilities
such as site lighting, transformers, hydrants, manholes, valve boxes,
etc., existing wooded areas, rock outcroppings and existing and proposed
water bodies.
(b)
Location of individual existing trees noted for preservation
within the area of development and 30 feet beyond the limit of the
disturbance. Trees four inches in diameter (measured 4 1/2 feet above
the existing ground level) shall be located and identified by name
and diameter unless the wooded area is shown with a specific limit
line. In this case, specimen trees shall be located within 30 feet
of the line. Indicate all existing vegetation to be saved or removed.
(c)
Existing and proposed topography and location of all landscaped
berms.
(d)
Location, species and sizes of all proposed shade trees, ornamental
trees, evergreen trees and shrubs and areas for lawns or any other
ground cover. Different graphic symbols shall be used to show the
location and spacing of shade trees, ornamental trees, evergreen trees,
shrubs and ground cover. The size of the symbol must be representative
of the size of the plant shown to scale.
(e)
A plant schedule indicating botanical name, common name, size
at time of planting (caliper, height and spread), quantity, root condition
and any special remarks (spacing, substitutions, etc.) for all plant
material proposed. Plants within the plant schedule shall be keyed
to the landscape plan utilizing the first letter of the botanical
plant name.
(f)
Planting and construction details and specifications.
B.
Lighting.
(1)
All lighting fixtures and foot-candle standards for parking
areas and recreation facilities should be consistent with the standards
outlined by the Illuminating Engineering Society of North America
(IESNA) and regulations of the Borough of Old Tappan.
(2)
A lighting plan prepared by a qualified individual shall be
provided with site plan applications.
(3)
The intensity, shielding, direction and reflecting of lighting
shall be subject to site plan approval by the approving authority.
(4)
All parking areas, walkways, building entrances, and driveways
required for uses in this zone shall be adequately illuminated during
the hours of operation that occur after sunset. Any adjacent residential
zone or use shall be shielded from the glare of illumination from
site lighting and automobile headlights.
C.
Sidewalks.
A.
Application requirements.
(1)
An applicant for development in the AH-2 Zone must submit a
site plan indicating the manner in which the site is to be developed.
Said plan shall include all the data required by ordinance for site
plan review unless otherwise waived by the Board.
B.
Application process. Notwithstanding the provisions of § 255-106A. above, it is the intent of this article for the Planning Board to expedite its review of any application submitted for this zone within the time frames established under N.J.S.A. 40:550-1 et seq.[1] It is further the intent of this article to not require
off-site or off-tract improvements for development, unless the need
for such improvements arise from the development within the Zone,
nor shall the approving authority require items deemed as "cost-generating"
as defined by N.J.A.C. 5:93-10.1 et. seq.[2]
The following requirements as to the density and distribution
of low- and moderate-income dwelling units shall apply.
A.
Low- and moderate-income (Mount Laurel) housing requirements:
(1)
Market-rate and minimum low- and moderate-income housing set-aside:
The total number of housing units shall not exceed 26 units and shall
consist of the following:
(2)
All low- and moderate-income housing units shall be in conformance
with the latest applicable rules for affordable housing as determined
by the Council on Affordable Housing, the courts or other applicable
authority, as determined appropriate, including such issues as phasing
of building low- and moderate-income units in concert with market
rate units.
(3)
Bedroom distribution of low- and moderate-income housing units.
Subject to the most current applicable COAH or other rules, the bedroom
distribution of low- and moderate-income units for affordable units
constructed in the AH-2 Zone shall be as follows:
(4)
Low- and moderate-income unit split. The distribution of inclusionary
affordable units to be provided as part of this development shall
be in accordance with those requirements as set forth by COAH rules
or otherwise deemed appropriate by the court.
(5)
Procedures regarding affirmative marketing of low- and moderate-income
units and other requirements of inclusionary development units are
subject to and determined by COAH rules or other rules determined
appropriate by the court.
