[Added 6-17-2019 by Ord.
No. 1149-19]
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 PRD-2 regulations
enumerated herein. This article is created in fulfillment of a settlement
agreement by and between the Borough of Old Tappan, New Jersey, 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).
Development within the PRD-2 District shall be governed by the Old Tappan Code, except where the provisions of the Residential Site Improvement Standards supersede or as specified in this Article XXII, §§ 255-108 through 255-121. Where the standards set forth herein in Article XXII, §§ 255-108 through 255-121 conflict with any applicable provisions of Chapters 205, 213, 218, and 255, the standards of this Article XXII, §§ 255-108 through 255-121 shall apply.
The definitions provided by § 255-4 shall apply within the PRD-2 District, except as indicated herein. The following definitions shall apply only within the PRD-2 District, shall supplement any nonconflicting definitions within § 255-4, and shall supersede any conflicting definitions within § 255-4.
A dwelling unit in a building containing three or more family
or household units.
The boundary between the tract and any parcel outside the
PRD-2 District.
The boundary between any two or more lots created by subdivision
and located entirely in the PRD-2 District.
Refers to a subdivided portion of the tract, constituting a lot, on which mixed-use development as permitted by § 255-111C is or is to be located.
A building exclusively for apartments with a flat roof.
The vertical distance of exposed wall measured from the lowest
finished grade at each given point at the building wall to the elevation
of the roof deck at that same given point. Any parapet, structure,
apparatus, utilities, and/or equipment located on the roof may extend
no more than four feet above the permitted multifamily dwelling height,
with the exception of elevator overrides, which may extend no more
than six feet above the permitted multifamily dwelling height.
Refers to a subdivided portion of the tract, constituting
a lot, on which multifamily dwelling(s) are or are to be located.
A space available for the parking of a motor vehicle.
A portion of a building or structure designed for, or occupied
by, no more than one family or household, having its own private entrance,
and attached to one or more townhouses within the same building or
structure by one or more party walls. Portions of townhouses may be
located above another townhouse (i.e., a stacked townhouse).
The vertical distance of any exposed building wall measured
from the lowest finished grade at the building wall to the peak of
a sloped roof. Any parapet, structure, apparatus, utilities, and/or
equipment located on the roof may extend no more than four feet above
the permitted townhouse building height.
A subdivided portion of the tract, constituting a lot, on
which townhouses are or are to be located.
The entirety of land within the PRD-2 District.
Permitted uses shall be limited to the following:
A.
Townhouses may have a maximum of three bedrooms.
B.
Apartments, either within a multifamily dwelling or on the upper
levels of a building with nonresidential development on the first
floor. Market-rate apartments throughout the tract shall have a maximum
of up to 20% three-bedroom units, a minimum of 20% one-bedroom units,
and a maximum of 80% two-bedroom units.
C.
Mixed-use development consisting of ground floor nonresidential development
as permitted within the B-1, Local Business District, and apartment
lobby, with apartments above, located within only that portion of
the property with direct frontage on Old Tappan Road, subject to the
minimum area and bulk requirements of the PRD-2 Zone. Drive-throughs
shall be permitted for any permitted nonresidential use component
of mixed-use development, with the exception of restaurant or refreshment
stands.
D.
Multiple principal permitted uses are permitted on a single lot or
tract within the PRD-2 District.
A.
Any use which is ordinarily subordinate and customarily incidental
to the principal permitted uses allowed in the PRD-2 Zone, including
but not limited to the following:
B.
In addition to the above, the following accessory uses shall be permitted
accessory uses to the multifamily dwelling:
(1)
Recreational facilities, clubhouses, lobbies, fitness facilities,
outdoor barbecues, fire pits, gazebos, leasing and management offices,
club rooms, lounges, libraries, business centers, game rooms, pool
rooms, community gardens, rec rooms, children's play rooms, private
theater rooms, community kitchens for tenant use, bath houses, locker
rooms, mail rooms, package storage areas, valet spaces, or related
mechanical equipment, and similar interior tenant amenities.
(2)
Sports facilities, including but not limited to fields, courts,
putting greens and swimming pools.
(3)
Playground facilities.
(4)
Dog park or dog run.
(5)
Dog spa or grooming facility, not including boarding or veterinarian
services, only for the pets of residents of the multifamily dwelling.
(6)
Storage spaces unattached to the units, but used by occupants
of units, which are incorporated into the multifamily dwelling.
A.
Minimum tract size: 19 acres.
B.
Subdivision. The tract may be subdivided into up to three smaller
lots. To the extent necessary, access, drainage, and utilities to
subdivided lots shall be provided for via cross-easements. Each lot
to be created via subdivision must provide parking sufficient to support
the use thereon. The subdivided lots shall have the following minimum
acreage as follows:
C.
Maximum site building and impervious coverage. The maximum building
coverage of all structures shall not exceed 65% of the tract. The
total impervious coverage shall not exceed 80% for the total site
development on the tract.
D.
Minimum setbacks from external tract lot lines (feet)*:
(1)
Front yard (fronting on Old Tappan Road): 50.
(2)
Side yard: 25.
(3)
Rear yard: 25.
*Note: All setbacks shall be measured from the external tract
lot lines and not from internal lot lines. Balconies and decks may
extend into a required setback by no greater than six feet for balconies
and 10 feet for decks. Retaining walls, sidewalks, public or private
streets, walkways, railings, perimeter fences, freestanding signs,
parking spaces, driveways, patios, pathways, appurtenances such as
HVAC units, stationary generators, pedestrian structures such as stairs,
pads, roof overhangs, trash enclosures, above- and below-ground stormwater
detention basins and/or facilities, and underground utilities as needed,
landscaping, and lighting shall be permitted within the setbacks and
buffers.
E.
Minimum setbacks from internal tract lot line (feet): 0. No internal
setbacks or buffers shall apply to any structure, parking, public
or private street, or driveway internal to the tract as a whole, regardless
of subdivision, except as required by New Jersey building and/or New
Jersey Fire Codes.
F.
Minimum setback between front of residential building and internal
roadways (feet): 10. Notwithstanding the foregoing, the access driveway
into the parking garage or dropoff area of the multifamily building
may be within this setback.
G.
Minimum landscaped buffer area: a minimum planted landscape buffer
equal to 10 feet maintained along external tract lot lines. No buffer
area shall be required in the Front Yard or along internal tract lot
lines. Such buffer shall be required to provide year-round visual
screening as determined by the Planning Board. All buffers shall be
measured from the external tract lot lines and not from internal lot
lines. Retaining walls, perimeter fences, and underground utilities
as needed, and landscaping, shall be permitted within the buffers.
I.
Section 255-54H shall apply in the PRD-2 District, with the exception that it shall not apply to multifamily dwellings and mixed-use development. Townhouses shall comply with § 255-54H(5) and (6) and the following standards:
(1)
Exterior stationary generators, air-conditioner compressors
or units are permitted as accessory uses;
(2)
The footprint of stationary generators, air-conditioner compressors
or units may not exceed 10 square feet. Stationary generators cannot
be located within the required front yard setback and must be located
a minimum of 10 feet from the property line.
(3)
Stationary generators, air-conditioner compressors or units
may only be powered by natural gas, propane or diesel fuel.
(4)
Stationary generators, air-conditioner compressors or units
are required to be screened.
A.
Maximum density. The total number of residential units on the tract
shall not exceed 229 units.
B.
Townhouse bulk requirements.
(1)
Minimum distance between buildings, measured building wall to
building wall (feet): 20. Side entrances, and associated stoops, overhangs,
covered stairs, and porches are permitted to be within this minimum
distance.
(2)
Maximum number stories and townhouse building height: three
stories/35 feet.
(a)
Notwithstanding the foregoing, a maximum of 15 townhouses along
a rear or side yard may have a townhouse building height of 40 feet.
(3)
The minimum horizontal offset between market-rate townhouse
unit fronts shall be no less than two feet for at least every two
attached units.
(4)
The maximum number of market-rate townhouses permitted within
a townhouse building shall be no greater than six; unless the townhouses
are stacked, in which case 12 market-rate townhouses shall be permitted
within a townhouse building. Notwithstanding the foregoing, no more
than 12 affordable townhouses shall be permitted within a townhouse
building.
C.
Multifamily bulk requirements.
(1)
Maximum number stories and multifamily dwelling height (feet):
three stories/35 feet, notwithstanding the foregoing:
(a)
The multifamily dwelling height may be no more than 40 feet
in height along a maximum of 125 feet of the multifamily dwelling
facade along a rear or side yard; and
(b)
The multifamily dwelling height at one garage entrance to the
multifamily dwelling, extending 25 feet in both directions from the
center line of the driveway, may not exceed 46 feet in height.
(2)
Maximum multifamily dwelling length for any single building
wall, to be measured as the length of any one wall of a multifamily
dwelling, shall not exceed 330 feet in length, provided there is a
significant offset of at least 3.5 feet.
The following architectural design standards set forth in this § 255-115 shall apply to multifamily dwellings and mixed-use development in the PRD-2 Zone.
A.
Facade design.
(1)
Horizontal articulation between floors. Each mixed-use facade
facing a public right-of-way should be designed to have a delineated
floor line between street level and upper floors. This delineation
can be in the form of a masonry belt course, a concrete lintel or
a cornice line delineated by detailing.
(2)
Vertical articulation. Each building facade facing a public
right of way must have elements of vertical articulation comprised
of columns, piers, recessed windows or entry designs, overhangs, ornamental
projection of the molding, or recessed portions of the main surface
of the wall itself. The vertical articulations shall be designed in
accordance with the following:
(a)
Each vertical articulation must be a maximum of 40 feet apart.
(b)
Each vertical articulation must be a minimum of one foot deep.
(c)
Each projection, excluding projections of the main wall surface
that are not designed as overhangs, may extend into the required front
yard a maximum of two feet in depth.
(d)
Building walls with expansive blank walls are prohibited on
any Non- residential and/or mixed-use building facade facing Old Tappan
Road.
(3)
Fenestration.
(a)
At least 30% of the first floor primary building frontage used
for retail or office shall be clear window glass permitting a view
of the building(s) interior. This percentage shall be calculated within
the area of the building facade that is located between three feet
and 10 feet above sidewalk level.
(b)
Doors and windows in retail and office uses should cover a minimum
of 40% of the building frontage on the street level.
(c)
A minimum of 40% of the front door in retail and office uses
shall consist of glass in order to maximize the visibility of the
store interior.
(d)
Recessed entries are encouraged to create additional pedestrian
environs, provide shelter for sidewalk patrons and enlarged windows
in the district.
B.
Materials.
(1)
Exterior building materials shall be classified as either primary,
secondary or accent materials. The facade must be designed in accordance
with the following:
C.
Roof lines/building height.
(1)
The provisions of this § 255-115C shall apply to all buildings that do not have a sloped roof. The top of such buildings must be capped by a cornice.
(2)
An additional four feet in height for ornamentation such as
parapets and cornices is permitted. This additional height is only
permitted along a maximum of 66% of the facade to encourage a varying
roof line.
(3)
In addition to § 255-115C(2) above, for each portion of a building that provides cornices and similar appurtenances for ornamental purposes, such elements may not be more than 25 feet in length each.
(4)
All roof-mounted equipment shall be screened from public view
by use of parapet walls.
D.
Awnings and canopies.
(1)
Canopies and awnings are encouraged at the ground floor level.
(2)
In buildings with multiple storefronts, all awnings or canopies
shall be designed of compatible materials.
(3)
Awnings and cornices shall be designed with a minimum vertical
clearance of seven feet and shall not extend more than five feet from
the face of the building.
(4)
Awnings and canopies are permitted to encroach within the front
yard setback.
A.
The number and dimensions of parking spaces required by the Residential
Site Improvement Standards shall be provided for parking for the affordable
and market townhouses.
B.
A minimum of 1.8 parking spaces per affordable and market apartment
shall be provided.
C.
Parking for mixed-use development incorporating residential over
nonresidential uses shall be in accordance with the following standards:
D.
To the extent any waiver, exemption, or exception is required from
the Residential Site Improvement Standards due to an inconsistency
with this zoning, the Borough Planning Board may liberally grant such
waiver, exemption, or exception so as to refrain from imposing cost-generative
requirements upon the application and/or development.
E.
Required off-street parking for affordable townhouse units shall
be provided per RSIS standards within 250 feet of said units. All
exterior parking shall be landscaped, screened, and lighted, where
appropriate.
F.
The width of all aisles or driveways providing access to individual
parking stalls servicing townhouse buildings and multifamily dwellings
shall be in accordance with the Residential Site Improvement Standards.
G.
The width of all aisles or driveways providing access to individual
parking stalls servicing nonresidential and/or mixed-use buildings
in the PRD-2 District shall be as follows:
|
Type of Parking
|
Width of Aisles or Driveways
(feet)
|
|---|---|
|
Parallel parking
|
12
|
|
30° angle
|
12
|
|
45° angle
|
13
|
|
60° angle
|
18
|
|
Perpendicular parking
|
24
|
H.
The dimensions of parking spaces servicing multifamily dwellings,
nonresidential and mixed-use buildings in the PRD-2 District shall
be nine feet by 18 feet.
I.
Access shall be subject to § 218-24, except to the extent that such provisions are subject to the jurisdiction of another governmental entity.
J.
On-site circulation shall be designed to provide for an interconnected
emergency access circulation system throughout the site, so as to
promote the ability for emergency services vehicles to circulate through
the development site.
K.
There shall be no charge for parking designated for affordable housing
units within the development.
A.
Residential development. Signs in the PRD-2 District for exclusively
residential development shall be restricted in the same manner as
signs in other residential zones except that one sign for the main
entrance shall be permitted for each development type (i.e., townhouse
and multifamily), provided the number of monument signs shall not
exceed two, or one per development type. Each main entrance sign shall
be a ground sign, shall not exceed 30 square feet in area, shall not
have a display height greater than two times the width or vice versa,
and shall be erected so that the distance from the top of the sign
to the ground shall not exceed eight feet, excluding any monument
or structure to which the sign is affixed. Landscaping shall be provided
at the base of such signage. Such signage may be internally or externally
illuminated subject to the approval of the Planning Board.
B.
One temporary wall sign shall be permitted on the multifamily dwelling,
until such time as all townhouses are sold and all apartments are
rented. Such wall sign shall not exceed a total of 30% of that building
face upon which such wall sign is to be mounted, including the window
area. Any building number signs required by the municipality shall
not be subject to this limitation on the number of permitted wall
signs.
C.
Temporary banners, pennants, and bunting. Banners, streamers, pennants
and/or bunting used for sales or marketing purposes of the residential
units in the PRD-2 Zone shall be permitted, provided they do not exceed
three feet in height, do not cross a public street, and shall be removed
upon the sale of all townhouses and lease of all apartments.
D.
Nonresidential and mixed-use development. Signage for nonresidential and mixed-use development shall be permitted in accordance with § 255-81C.
E.
Entrance, exit and other directional signs. Entrance, exit, other
signs directing the flow of traffic, wayfinding signs, building identification
signs, parking restriction and other community restriction signs shall
be permitted for residential, nonresidential, and mixed-use development,
provided that such signs shall not exceed nine square feet in area,
shall not have a display height greater than two times the width or
vice versa, and the distance from the bottom of the sign to the ground
shall not be more than five feet. Internal monument signs shall also
be permitted, provided they do not exceed eight square feet in area.
External and/or internal illumination shall be permitted for such
directional and monument signs.
F.
The area of a sign face shall be computed by drawing a square or
rectangle that encompasses the extreme limits of the verbiage, logo,
or emblem.
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.
(2)
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.
(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, mulch, or lawn.
(5)
Shade trees should be a two-and-five-tenths- 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 inches to 24
inches.
(8)
All plant material shall meet the minimum latest American Nursery
and Landscape Association Standards.
(9)
Pursuant to § 218-36(F), there shall be not less than one shade tree for every 10 parking spaces; however, such shade trees may be provided throughout the PRD-2 District tract and need not be limited to off-street parking areas.
(10)
Landscaping islands pursuant to § 218-54B and C shall not be required, provided the following design specifications shall apply to the landscaping of parking lots:
(a)
Shade trees shall be provided in all parking areas which provide
parking for 20 or more vehicles. The shade trees can be placed in
parking islands or along the perimeter of the parking area. There
shall not be less than one shade tree for every 10 parking spaces.
(b)
Where parking lot islands are to be planted, they shall be a
minimum width of six feet from the interior edge of curb to curb.
(c)
The minimum depth of acceptable backfill in parking island planters
shall be two feet for shrubs and four feet for trees, unless poor
drainage conditions exist, upon which modifications are permitted.
B.
Buffer areas. Buffers shall comply with the following standards:
(1)
Buffer planting shall provide a 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.
(2)
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.
(3)
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:
|
Type of Planting
|
Minimum Size
|
|---|---|
|
Shade trees
|
2 1/2- to 3-inch caliper
|
|
Evergreen trees
|
7 to 8 feet
|
|
Shrubs
|
18 to 24 inches
|
(4)
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.
(5)
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.
C.
Landscape plantings. A minimum of 30% of the plantings proposed shall
be indigenous to the region.
D.
Section 218-10I shall only apply to the street line along Old Tappan Road within the PRD-2 District.
E.
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:
(1)
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.
(2)
Individual existing trees to be preserved within the limits
of disturbance shall be shown on the landscape plan. Indicate all
existing vegetation to be saved or removed.
(3)
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.
(4)
Planting and construction details and specifications.
F.
Lighting.
(1)
All lighting fixtures and footcandle 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.
G.
Sidewalks. Notwithstanding the Residential Site Improvement Standards,
sidewalks shall be required on one side of the internal private streets
servicing residential development within the tract. To the extent
any waiver, exemption, or exception is required from the Residential
Site Improvement Standards due to an inconsistency with this zoning,
the Borough Planning Board may liberally grant such waiver, exemption,
or exception so as to refrain from imposing cost-generative requirements
upon the application and/or development.
H.
In public rights-of-way. Sidewalks shall be required along adjoining
public rights-of-way, as required by RSIS standards or as deemed appropriate
by the Board.
I.
Fencing. Fences may be up to six feet in height above the finished
grade elevation. There is no limit on length in any continuous direction
that a fence may extend. Fencing shall not be located within the front
yard.
J.
Soil movement.
(1)
Soil removal. Notwithstanding § 218-10E, to the extent excess topsoil remains after redistribution so as to provide at least six inches of cover, such excess topsoil may be removed from the site or used as spoil. Topsoil that is redistributed within the tract shall be stabilized by seeding or planting to ensure that it will remain in place and free from erosion.
(2)
Soil importations. Any importation of soil in a quantity greater
than 50 cubic yards or more (for the entire project) shall be subject
to registration of a disclosure statement by an applicant including
the following information:
(a)
Identity of the source property of the fill material to be imported;
(b)
Full name and address of the owner of the source property of
the fill material to be imported;
(c)
Certification that the fill material complies with NJDEP residential
standards and information and documentation to support the certification,
including that the source of the material is a quarry or other source
not previously developed; if fill material is from a previously developed
source, appropriate soil sampling documentation shall be provided;
(d)
Basis and/or reasons the fill material became available;
(e)
Nature, kind and composition of the fill material to be imported,
including any reports or sampling results conducted on the fill material
or material located in the area from which the fill material is obtained;
(f)
Quantity of fill material to be imported;
(g)
Full name and address of the contract hauler of the fill material;
and
(h)
Location of the property within the Borough on which the fill
material is to be deposited, and the full name and address of the
owner of said property.
(3)
Bonding for soil movement shall be governed by the Municipal
Land Use Law.
K.
Recycled materials. Recycled concrete aggregate (RCA) and millings
from on-site pavement may be utilized on-site. Concrete from the existing
buildings can be crushed and utilized on-site as RCA and asphalt millings
can be used on-site underneath roadways and driveways.
L.
Utilities. Electric telephone and other public utility lines may
be installed underground in the public right-of-way or above ground.
M.
Retaining walls. To the extent possible, the use of retaining walls
should be used in the form of two tiers to accommodate severe grade
changes, rather than single tall retaining walls. Each tier shall
be separated by at least three feet, measured from the face of the
wall to the face of the wall. With the exception of one garage entrance
to the multifamily dwelling, extending 25 feet in both directions
from the center line of the driveway, no single retaining wall tier
shall exceed an exposed height of six feet. Retaining wall systems
shall include no more than two retaining wall tiers. Any fencing on
top of a wall for safety or other reasons shall not be included in
the calculation of retaining wall height. Ornamental walls utilizing
loose laid stone may be provided throughout the site as appropriate
up to a height of four feet.
N.
Trash. All trash/recycling storage areas shall be enclosed on all
four sides and screened. Trash may be stored inside and/or outside
the buildings. Curbside pickup shall be permitted for townhouses.
P.
Relief from any required site design standard enumerated under this
section shall be considered a design standard exception pursuant to
N.J.S.A. 40:55D-51(b) and not a variance.
A.
Requirements.
(1)
Any application for development for any portion or the entirety of the PRD-2 District shall be submitted in accordance with the requirements of Chapter 45 and §§ 218-1 through 218-8 of the Borough Code, except as provided herein. Any application for development shall be deemed a planned residential development for purposes of calculating application fees pursuant to § 45-23 and escrow fees pursuant to § 45-25. For the avoidance of doubt, an application for development shall not also be subject to fees pursuant to Chapter 205 of the Old Tappan Code.
(2)
The application shall contain, in addition to the site plan
application checklist provisions, a report detailing the following:
(a)
The total number of dwelling units by bedroom count and housing
type. The density and intensity of use of the entire tract shall be
noted.
(b)
The manner in which the proposed development complies with affordable
housing requirements as required under the Uniform Housing Affordability
Controls (UHAC) under N.J.S.A. 5:80-26.1 and this article.
(3)
In lieu of the application information specified in §§ 205-4 and 205-6, the applicant shall only be required to submit reasonable justification as to the quantity of soil movement proposed by the applicant. The applicant shall endeavor to truck soil on county roads to the greatest extent possible, and to avoid routes traveling past Old Tappan schools.
(4)
Following final site plan approval, and prior to any building
permit being issued, the applicant shall be required to submit materials:
(a)
Pursuant to § 218-8A(7)(f) for review by the Municipal Attorney and the Planning Board Attorney to conformity with the resolution of approval; and
(b)
Pursuant to § 218-8B(18), only to the extent such items are to be included in the calculation of performance guarantees pursuant to N.J.S.A. 40:55D-53.
(5)
Because any application for development of permitted uses within
the PRD-2 District is part of an "inclusionary development" within
the meaning of the Mount Laurel doctrine, requests for checklist waivers,
design waivers, or bulk variances from any standards imposed by the
Old Tappan Code, and any de minimis exceptions from the Residential
Site Plan Standards shall be reasonably granted by the Planning Board
so as to refrain from imposing cost-generative requirements upon the
application and/or development.
B.
Application process. It is the intent of this article for the Planning Board to expedite its review of any application for development submitted for this zone within the time frames established under N.J.S.A. 40:55D-1 et seq. Application may be made simultaneously for preliminary and final subdivision and/or site plan approval. Notwithstanding Chapter 205, Soil Removal, §§ 255-72, and 255-76 of the Old Tappan Code, application for development to the Planning Board shall be deemed to also serve as an application for a soil movement permit and for fencing. The Planning Board has the sole authority to approve and issue soil movement permits and fencing applications in connection with any development proposed via site plan application. Planning Board approval of a site plan application shall also serve as Planning Board approval of fencing and soil movement. Section 218-7B(2)(a) shall not apply to any proposed use permitted in the PRD-2 District. To facilitate expediting such review, Article VII of Chapter 218 of the Borough Ordinance shall not apply to any application for development of permitted uses within the PRD-2 District. 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.
In accordance with the settlement agreement between the Borough of Old Tappan, New Jersey, 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), the following requirements for low-and moderate-income dwelling units shall apply. To the extent the terms of this Article XXII, §§ 255-108 through 255-121, are inconsistent with any of the provisions of Ordinance No. 1144-19 ("the Borough Affordable Housing Ordinance"), the terms of this Article XXII, §§ 255-108 through 255-121 shall control.
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 affordable housing units shall not be less than
15% for rental units and 20% for for-sale units.
(2)
All affordable housing units shall be deed restricted as affordable
units for a minimum of 30 years.
(3)
Except to the extent specifically provided for herein, 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 Uniform Housing and Affordability
Controls Act, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), 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.
(4)
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 PRD-2 Zone shall be as follows:
(a)
No more than 20% of the low- and moderate-income units shall
be one-bedroom units.
(b)
At least 20% of the low- and moderate-income units shall be
three-bedroom units, one of which shall be affordable for a very-low-income
unit.
(c)
At least 30% of the low- and moderate-income units shall be
two-bedroom units.
(5)
Low- and moderate-income unit split. With regard to for-sale
low-, and moderate-income units, 50% of all low- and moderate-income
units shall be for moderate-income households, 37% shall be for low-income
households, and 13% shall be for very-low-income households, at 30%
of median income. With regard to rental low- and moderate-income units,
at least 36% shall be for moderate-income households, at least 47%
shall be for low-income households, and at least 15% shall be for
very-low-income households, at 30% of median income.
(6)
Notwithstanding Article II and §§ 80-6D(7) and 80-9B of the Borough Affordable Housing Ordinance, initial rents and sale prices shall be established based on the income limits as most recently published by the Affordable Housing Professionals of New Jersey at the time such units are rented or sold. Income limits shall be updated by the Borough annually within 30 days of the publication of determinations of median income by HUD as follows:
(a)
Regional income limits shall be established for the region that
the Borough is located within based on the median income by household
size, which shall be established by a regional weighted average of
the uncapped Section 8 income limits published by HUD. To compute
this regional income limit, the HUD determination of median county
income for a family of four is multiplied by the estimated households
within the county according to the most recent decennial Census. The
resulting product for each county within the housing region is summed.
The sum is divided by the estimated total households from the most
recent decennial Census in the Borough's housing region. This quotient
represents the regional weighted average of median income for a household
of four. The income limit for a moderate-income unit for a household
of four shall be 80% of the regional weighted average median income
for a family of four. The income limit for a low-income unit for a
household of four shall be 50% of the HUD determination of the regional
weighted average median income for a family of four. The income limit
for a very-low-income unit for a household of four shall be 30% of
the regional weighted average median income for a family of four.
These income limits shall be adjusted by household size based on multipliers
used by HUD to adjust median income by household size. In no event
shall the income limits be less than those for the previous year.
(b)
The regional asset limit used in determining an applicant's
eligibility for affordable housing pursuant to NJAC 5:80-26.16(b)(3)
shall be calculated annually by taking the percentage increase of
the income limits over the previous year's income limits, and applying
the same percentage increase to the regional asset limit from the
prior year. In no event shall the regional asset limit be less than
that for the previous year.
(7)
Very-low-, low- and moderate-income consolidation permitted. Notwithstanding § 80-6C(1) of the Borough Affordable Housing Ordinance, within the PRD-2 District, very-low-, low- and moderate-income units may be consolidated into a single building or buildings. Such a building need not contain any market-rate units.
(8)
Mixed-use, very-low-, low- and moderate-income apartments may
be located on the upper floors of buildings with nonresidential uses
on the first floor. All such very-low-, low- and moderate-income apartments
shall have access to the amenities of the multifamily dwelling.
(9)
Notwithstanding § 80-6B of the Borough Affordable Housing Ordinance, the first floor of all low- and moderate-income townhouses and all apartments shall be subject to the technical design standards of the Barrier Free Sub Code, N.J.A.C. 5:23-7. The technical design standards of the Barrier Free Sub Code, N.J.A.C. 5:23-7, shall exclusively control accessibility requirements in the PRD-2 District.
(10)
Notwithstanding § 80-8C of the Borough Affordable Housing Ordinance, the master deeds for inclusionary developments in the PRD-2 district may require differing sums as condominium or homeowner association fees and special assessments, provided the basis of calculating such sums is not the affordability of a unit or townhouse.
(11)
Construction of low- and moderate-income units associated with
the townhouses shall be required to be undertaken in accordance with
the phasing schedule established by N.J.A.C. 5:97-6.4(d). Construction
of low- and moderate-income units associated with the apartments shall
be required to be undertaken in accordance with the phasing schedule
established by N.J.A.C. 5:97-6.4(d). The phasing schedule established
by N.J.A.C. 5:97-6.4(d) shall not apply to the townhouses and apartments
on a cumulative basis, but rather the phasing schedule for the townhouses
shall be separate and distinct from the phasing schedule for the apartments.
(12)
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. Notwithstanding § 80-32 of the Borough Affordable Housing Ordinance, affirmative marketing plans shall be approved by the Borough Administrative Agent.
