[Added 11-7-2018 by Ord.
No. 1121-18]
The purpose of this article is to establish regulations and
standards controlling the development of the "Headley Farms Estate,"
located on East Main Street and designated on the Clinton Township
tax maps as Block 46, Lots 33 and 33.01, and to be situated in the
AH-8 Affordable Housing District (the "AH-8 zone"), with provisions
for the development of low- and moderate-income housing units in accordance
with the provisions set forth below and in accordance with the New
Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. and the second-round
regulations of the Council on Affordable Housing ("COAH") set forth
at N.J.A.C. 5:93.
A.
One-family dwellings as permitted and regulated in the following
Schedule of Area and Bulk Requirements.
B.
Two-family dwellings as permitted and regulated in the following
Schedule of Area and Bulk Requirements.
C.
Townhouses as permitted and regulated in the Schedule of Zoning Requirements.
D.
Multifamily dwellings, including stacked flats, as permitted and
regulated in the Schedule of Zoning Requirements.
E.
Courtyard singles defined as small attached buildings clustered around
a courtyard area, with open or closed corners between buildings, as
permitted and regulated in the Schedule of Zoning Requirements.
G.
The mandatory affordable housing component for low- and moderate-income
households shall equal 104 units, based on 400 dwelling units being
approved (which equates to a set-aside of 26% for units affordable
to low- and moderate-income households. The distribution of units
shall include a minimum of 13% very-low income units included in a
minimum of 50% low-income units, and maximum of 50% moderate-income
units. The development's bedroom mix shall consist of a minimum of
20% three-bedroom units, minimum of 30% two-bedroom units, and maximum
of 20% one-bedroom units. Affordable housing requirements shall be
implemented in accordance with the rules and regulations of Section
42 of the Internal Revenue Code, 26 CFR § 1.42-1 et seq.
and the New Jersey Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.1 et seq. (collectively, the "Affordability Laws"), as is
applicable.
A.
Private garages.
B.
Buildings for storage and maintenance equipment.
C.
Off-street parking as hereinafter regulated.
E.
Private recreation buildings and facilities, including ancillary
indoor and outdoor private recreational amenities, intended for use
by residents of the development.
F.
Gazebos and similar outdoor landscape structures.
G.
Sewer and water facilities, including buildings and other structures
or equipment as determined to be necessary and appropriate.
H.
Uses which are customarily incidental to the principal permitted
uses in the zone including, but not limited to, leasing, management
and maintenance offices.
The following standards shall apply to development in the AH-8
zone.
A.
Permitted development. Development of the property situated in the
AH-8 zone shall not exceed 400 dwelling units, including the 104 units
for occupancy by low- and moderate-income households.
A.
Freshwater wetlands, wetlands transition areas, state open waters,
flood hazard areas; riparian zones and wellhead protection areas shall
be protected pursuant to NJDEP regulations and permit programs.
B.
Impacts to site specific documented critical habitat shall be minimized.
C.
Low-impact development techniques as set forth in the New Jersey
Stormwater Best Management Practices Manual, Chapter 2, may be utilized
to the extent practicable in light of permitted uses and densities.
Article XI, all design standards for subdivisions and site plans, including parking/road standards, which conflict with RSIS shall not be applicable.
At least 30% of the property situated in the AH-8 zone shall
be reserved for open space or common open space. The open space area
may include, but is not limited to, wetlands or other environmentally
constrained land, and outdoor recreational facilities. Required on-site
recreational facilities shall be limited to: a) a community facility
(such as a meeting room approximately 20 feet by 30 feet in size)
which can be inside a building where the building contains affordable
housing units (if the developer wishes to located the community facility
in a building other than one containing affordable housing units,
the Planning Board may determine whether or not to approve same during
the site plan review process); and b) outdoor recreational facilities
(such as ball fields, tot lots and/or playgrounds). Other recreational
and community facilities and structures may be included at the developer's
option. Utilities, access roads, and stormwater basins/facilities
may be located within open space areas. No off-site recreational facilities
and/or contributions to and/or for off-site facilities shall be required.
Principal buildings shall have a minimum setback of 75 feet
from the tract boundaries of the property known as the Headley Farm
Estate and identified in Township tax records as Block 46 Lots 33
and 33.01, except that the tract boundary setback shall be a minimum
of 50 feet from the Headley Farm Estate property's boundary with the
northerly property line of Block 46, Lot 33.02. Accessory buildings
and structures excluding retaining walls, fences and signs shall have
a minimum tract boundary setback of 50 feet. Access roads shall be
permitted within the tract setback.
A.
The maximum number of dwelling units per building containing market
rate units shall not exceed 48. The maximum number of dwelling units
per buildings containing low- and moderate-income units shall not
exceed 54.
B.
The maximum length of a residential structure on a single plane shall
not exceed 240 feet.
C.
Multifamily buildings should be located on lower elevations of the
site and positioned to maximize screening from existing vegetation
and geographic features to reduce visual impacts to the surrounding
community.
D.
The minimum lot size for the subdivision of a multifamily building
or buildings shall be sufficient to include the building(s), required
parking and all required yards.
A.
Two-family dwellings may be constructed in either the duplex dwelling
or twin dwelling form.
Requirement
|
Detached Single-Family Residential Dwellings
|
Two-Family Dwellings
|
Townhouses
|
Multifamily Dwellings
|
Courtyard Singles
| |
---|---|---|---|---|---|---|
1
|
Minimum setback from tract boundary
|
See § 165-155.35
|
See § 165-155.35
|
See § 165-155.35
|
See § 165-155.35
|
See § 165-155.35
|
2
|
Minimum lot size
|
5,500 square feet
|
5,500 square feet per 2 DU building
|
1,800 square feet
|
See § 165-155.36.D
|
3,500 square feet per unit1
|
3
|
Maximum dwelling units per structure
|
1
|
2
|
12
|
Market: 48 Affordable: 54
|
4
|
4
|
Minimum lot width
|
50 feet
|
50 feet per 2 DU building.
|
18 feet
|
See § 165-155.36.D
|
35 feet
|
5
|
Minimum lot depth
|
100 feet
|
100 feet
|
100 feet
|
See § 165-155.36.D
|
100 feet
|
6
|
Minimum yard setback: principal building
| |||||
Front
|
20 feet
|
20 feet
|
20 feet
|
20 feet2
|
20 feet
| |
Side, one
|
5 feet
|
5 feet
|
N/A
|
12.5 feet
|
N/A
| |
Side, other
|
5 feet
|
5 feet
|
N/A
|
12.5 feet
|
N/A
| |
Rear
|
15 feet
|
20 feet
|
25 feet
|
25 feet
|
25 feet
| |
7
|
Minimum yard setback: accessory structure
| |||||
Side, one
|
5 feet
|
5 feet
|
5 feet
|
5 feet
|
5 feet
| |
Side, other
|
5 feet
|
5 feet
|
5 feet
|
5 feet
|
5 feet
| |
Rear
|
5 feet
|
5 feet
|
5 feet
|
5 feet
|
5 feet
| |
8
|
Maximum permitted height: principal building
| |||||
Stories4
|
2 1/2
|
2 1/2
|
2 1/2
|
3 1/2
|
2 1/2
| |
Feet
|
403
|
403
|
453
|
553
|
453
| |
9
|
Maximum permitted height: accessory structure
| |||||
Stories
|
1
|
1
|
1
|
1
|
1
| |
Feet
|
18
|
18
|
18
|
18
|
18
| |
10
|
Minimum distance between structures5 6
| |||||
Front to front
|
50 feet
|
50 feet
|
35 feet8
| |||
Rear to rear
|
50 feet
|
50 feet
|
35 feet8
| |||
End to end
|
25 feet
|
25 feet
|
35 feet8
| |||
11
|
Minimum building wall setbacks from streets:
| |||||
Residential access
|
10 feet
|
10 feet
|
10 feet
| |||
Minor collector
|
10 feet
|
10 feet
|
10 feet
| |||
Major collector
|
50 feet
|
50 feet
|
50 feet
| |||
12
|
Minimum distance building wall to parking area7
|
10 feet
|
10 feet
|
10 feet
|
1
|
The subdivision of individual lots for townhouse, multifamily
and/or courtyard single units shall not be required but are at the
option of the developer, in which case the minimum required lot dimensions
shall apply.
|
2
|
Parking areas shall be permitted in the required front yards of multifamily buildings subject to the required minimum distance between building walls and parking areas as provided in § 165-155.40.
|
3
|
Buildings shall have a minimum roof pitch of 5/12.
|
4
|
Stories shall not include basements or cellars.
|
5
|
Upon request, the Planning Board may reduce the above distances
by up to 1/3 if there is an angle of 20° or more between buildings
and if landscaping or buffers are placed between buildings.
|
6
|
Where an end wall of a building faces a front or rear building
wall, the greater required setback shall apply.
|
7
|
Excludes parking in driveways provided directly in front of
garages.
|
8
|
Dimensions are building to building, not between units.
|
A.
There shall be an overall building coverage limitation applicable
to the property situated in the AH-8 zone of 60%.
B.
General development plan approval shall be permitted in accordance with the requirements of § 165-52.
C.
Landscaping. The following landscaping provisions shall apply in lieu of the standards set forth in § 165-77:
(1)
Purposes and goals. Landscaping shall be provided to promote
a desirable visual environment, accentuate building design, define
entranceways, screen parking, building walls and equipment, mitigate
adverse visual impacts and provide windbreaks for winter winds and
summer cooling for buildings. Plants and other landscape 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
should be considered in terms of susceptibility to disease, insect
and other pest damage, wind and ice damage, habitat, soil conditions,
growth rate, longevity, root pattern, maintenance requirements, etc.
Consideration shall be given to accenting site entrances and unique
areas with special landscaping treatment. Flowerbed displays are encouraged.
(2)
The landscape plan for the site shall be prepared by a State
Board certified landscape architect or similarly qualified professional,
and include a variety of trees, shrubs, annual land/or perennial beds,
ground cover, grasses and/or other plant material, as determined to
be appropriate, to generate seasonal interest; provide screening for
buildings, parking areas and equipment, enhance the site's overall
sense of place and contribute to the rural character of the community.
(3)
The following additional landscaping provisions shall apply:
(a)
Existing mature trees outside of the project disturbance area
should be preserved to the extent practicable.
(b)
Screening shall be provided in the form of a year-round visual
buffer, in order to minimize adverse impacts from the site on adjacent
residentially used properties. Screening may include existing vegetation,
supplemented as necessary to provide a year-round visual buffer.
(c)
The main entrance road to the site should include street trees
on each side of the roadway, and such trees should be of a different
variety from the trees planted in the parking area.
(d)
Parking rows longer than 20 spaces should have landscaped islands
to break the pavement.
(e)
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.
(f)
Tree spacing should be a maximum 40 feet, unless another vertical
element such as a decorative light fixture or blade sign is installed
between the trees; then, a maximum of 60 feet should be permitted.
(g)
Trees along the parking areas and main entrance road should
be planted in a formal arrangement, while informal planting may be
provided along the site's frontages, open spaces and other landscaped
areas.
(h)
All trees throughout the site, including buffer trees, should
be installed with a minimum caliper of 2.0 to 2.5 inches.
(i)
Foundation plantings, including trees and shrubs, should be
appropriately planted along building walls, porches, decks and at-grade
equipment to break up extended building walls, soften rigid building
lines and screen visually unappealing components. These plantings
shall be provided with variation in height to complement and provide
pedestrian scale to the proposed architectural design of the buildings.
A.
All low and moderate-income housing shall be in full conformance
with the rules and regulations of Section 42 of the Internal Revenue
Code, 26 CFR § 1.42-1 et seq. and the New Jersey Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (collectively,
the "Affordability Laws"), as may be applicable. To the extent there
is any conflict between the Affordability Laws, the rules and regulations
of Section 42 of the Internal Revenue Code, 26 CFR § 1.42-1
et seq. shall control.
B.
The required low- and moderate-income housing units shall be designated
as family rental units, except that low- and moderate-income units
may be constructed in the form of veterans housing and/or group homes
and/or community residences as defined in N.J.S.A. 40:55D-66.1; but,
in the case of group homes and community residences, no more than
30 such units (beds) shall be allowed and all such units (beds) shall
be located on the Headley Farm Estate property.
C.
At the developer's option, low- and moderate-income housing units
may be constructed in separate buildings or may be constructed within
buildings which include market rate units.
D.
To ensure the timely and efficient production of affordable housing,
and given the set-aside of 26%, the following schedule of phasing
shall be required (which is based on the standard phasing required
under COAH's Second Round rules [N.J.A.C. 5:93-5.6(d)] for the affordable
units produced by a set-aside of 20% and back-weighted phasing the
affordable units produced by the additional set-aside of 6%):
Minimum Number of Low and Moderate Income Units Completed and
Delivered
|
Percentage of Market Units Completed
|
---|---|
0
|
29 (10% of 296 market units)
|
20 (25% of 80 l&m units, which is 19% of 104 l&m units)
|
111 (37.5% of 296 market units plus 1)
|
44 (55% of 80 l&m units, which is 42% of 104 l&m units)
|
148 (50% of 296 market units)
|
68 (85% of 80 l&m units, which is 65.4% of 104 l&m units)
|
222 (75% of 296 market units)
|
104 (100% of 104 l&m units)
|
266 (90% of 296 market units)
|
The status of "delivered" may be achieved by either:
|
(1)
The construction of the units and issuance of a temporary or
permanent certificate of occupancy; or
(2)
Meeting the requirements for a 100% site under applicable COAH
regulations, to include at least site control to the development entity,
which shall be an experienced developer and manager of similar affordable
developments, all necessary financing in place, and a construction
schedule approved by the Planning Board.
B.
The Planning Board may grant "c" variances and/or exceptions as determined
to be applicable from any engineering or construction design requirement
contained in this article in order to achieve the objectives of the
AH-8 Zone, provided that such waiver does not jeopardize public health
and safety.