Township of Clinton, NJ AH-8 Affordable Housing District

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.

§ 165-155.29 Permitted principal uses.

One-family dwellings as permitted and regulated in the following Schedule of Area and Bulk Requirements.

Two-family dwellings as permitted and regulated in the following Schedule of Area and Bulk Requirements.

Townhouses as permitted and regulated in the Schedule of Zoning Requirements.

Multifamily dwellings, including stacked flats, as permitted and regulated in the Schedule of Zoning Requirements.

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.

The mix of dwelling units type(s) listed in Subsections A through E above shall be at the developer's option.

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.

§ 165-155.30 Permitted accessory uses.

Private garages.

Buildings for storage and maintenance equipment.

Off-street parking as hereinafter regulated.

Signs in accordance with the requirements of § 165-109.

Private recreation buildings and facilities, including ancillary indoor and outdoor private recreational amenities, intended for use by residents of the development.

Gazebos and similar outdoor landscape structures.

Sewer and water facilities, including buildings and other structures or equipment as determined to be necessary and appropriate.

Uses which are customarily incidental to the principal permitted uses in the zone including, but not limited to, leasing, management and maintenance offices.

§ 165-155.31 Required conditions.

The following standards shall apply to development in the AH-8 zone.

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.

§ 165-155.32 Highlands resource protection.

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.

Impacts to site specific documented critical habitat shall be minimized.

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.

§ 165-155.33 Residential site improvement standards.

Article XI, all design standards for subdivisions and site plans, including parking/road standards, which conflict with RSIS shall not be applicable.

§ 165-155.34 Open space and recreational facilities requirements.

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.

§ 165-155.35 Minimum tract setback.

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.

§ 165-155.36 Building standards for multifamily buildings.

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.

The maximum length of a residential structure on a single plane shall not exceed 240 feet.

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.

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.

§ 165-155.37 Building standards for townhouses.

Minimum unit width with no garage: 18 feet.

Minimum unit width with garage: 20 feet.

§ 165-155.38 Building standards for stacked flats (single-floor through units).

Stacked flats shall consist of apartment units that are single-floor units, which may have adjoining units above or below, but not to the side.

Minimum unit width with no garage: 18 feet.

Minimum unit width with garage: 20 feet.

§ 165-155.39 Building standards for two-family dwellings.

Two-family dwellings may be constructed in either the duplex dwelling or twin dwelling form.

§ 165-155.40 Schedule of area and bulk requirements.

	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 structures^{5 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.

§ 165-155.41 Supplementary provisions.

There shall be an overall building coverage limitation applicable to the property situated in the AH-8 zone of 60%.

General development plan approval shall be permitted in accordance with the requirements of § 165-52.

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.

§ 165-155.42 Low- and moderate-income housing requirements.

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.

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.

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.

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.

§ 165-155.43 Applicability; waivers.

The provisions of this Article XXIIE shall govern development in the AH-8 Zone. In the event of a conflict between a provision set forth in this article and a provision set forth elsewhere in Chapter 165, the provision set forth herein shall apply.

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.