Editor's Note: Prior material regarding the Residential Senior
Community-1 Overlay Zone (RSC-1) District as codified in Sec. 10B-272.61
through Sec. 10B-272.64 was deleted by Ord. No. 2014-43.
[Ord. No. 2001-29, § 3; Ord. No. 2008-1, § 1; Ord. No. 2010-12, § 1; Ord. No. 2011-18; Ord.
No. 2014-43 § 3]
The following uses or any combination thereof are permitted
in the RSC-2 overlay zone:
(a)
Age restricted housing complying with all of the provisions
of the Federal Fair Housing Act, 42 U.S.C. 3601 et seq., and of the
provisions of the Federal Housing For Older Persons Act of 1995, 42
U.S.C. 3607(b)(2)(c), so that at least 80% of the occupied units within
a project developed within the RSC-2 overlay zone are occupied by
at least one person who is 55 years of age or older after 25% of the
units within the development are occupied; or
(b)
During the initial full lease up of any development constructed
within the RSC-2 overlay zone, if the development leases less than
an average of 10 units per month over a period of two consecutive
months, then:
(1)
The developer may market and lease, for one year terms only,
to persons who are under 55 years of age provided that when an average
of 10 units per month are rented (including both units to those who
are under 55 and to those who are over 55) for two consecutive months,
then the developer shall market only to tenants who have at least
one occupant age 55 years or older. If after initial full lease up,
the occupancy within the development constructed within the RSC-2
overlay zone drops below 90% or any units remain available for a period
of two consecutive months, then units may be marketed and leased to
persons under 55 years of age for one year terms. When a development
constructed within the RSC-2 overlay zone reaches full occupancy,
the developer will again give first preference to persons 55 years
of age or older. The developer shall also maintain two separate waiting
lists for units within the development. One list will be for potential
occupants who are 55 years of age or older and one list will be for
potential occupants less than 55 years old. The list of those 55 years
of age or older shall always have priority for units within the development.
[Ord. No. 2001-29, § 3; Ord. No. 2008-1, § 1; Ord. No. 2010-12, § 1; Ord. No. 2014-43 § 3]
The permitted gross density in the RSC-2 shall be seven dwelling
units per acre. Affordable housing units as defined in section 10B-333
of this code shall be excluded from the gross density calculation
provided that the total number of dwelling units (market rate and
affordable) do not exceed 153 units.
[Ord. No. 2001-29, § 3; Ord. No. 2008-1, § 1; Ord. No. 2010-12, § 1; Ord. No. 2014-43 § 3]
(a)
Subdivision and site plan approvals for developments within
the district may only be approved if 12 of the sale units are age
restricted affordable housing units meeting the standards in section
10B-332 and section 10B-350 as follows: eight moderate-income units
and four low-income units.
(b)
Additionally, any developer shall enter into a developer's agreement with the township which may provide for the donation of land to the township or to a recognized New Jersey nonprofit conservation organization while reserving the right for the improvements as provided for hereinbelow in subsection (c) to an existing detention basin contiguous to the developer's tract to accommodate adjacent affordable housing units and stormwater runoff from the remainder of the lands to be developed provided that the sizing of any piping for stormwater runoff will be minimized as shall be determined necessary by the township engineer in consultation with professional hydrologists in accordance with section 10B-272.64(o) and shall be field located within an existing right-of-way (ROW), where one exists, and then within the tract to be donated so as to avoid the removal of any trees to the fullest extent feasible with any disturbance to be replanted with native and non-invasive species. A cash contribution shall be made to the Princeton Township Affordable Housing Trust Fund as required by the township's affordable housing ordinance in effect at the time the developer receives its first construction permit for the project crediting to the developer the value of the 12 affordable housing units constructed on the property as well as the cost of improvements to the detention basin, if any, referenced in paragraph (c) below. Finally, if stormwater piping is necessary, the pipe shall run from Bunn Drive south down the existing sewer easement as far as possible before turning east towards the existing detention basin at a point where there will be the shortest clear straight run to the detention basin by a line in which no trees, to the fullest extent feasible, will be affected and where, in terms of grade, a minimum pitch of 1% can be maintained for proper drainage. The goal is to get the pipe to the detention basins with a minimal crossing of Block 4401, Lot 1, Princeton Township Tax Map and with no removal of trees.
(c)
Any improvements to the detention basin contiguous to the developer's
tract shall permit the deepening of said basin but any lateral improvements
to the basin shall be kept to a minimum as determined by the township
engineer so as not to unduly disturb the dam surrounding the basin
and shall not disturb the area externally adjacent to the dam unless
additional expansion is required by local or state regulations.
[Ord. No. 2001-29, § 3; Ord. No. 2002-6, § 2; Ord. No. 2003-5, § 5; Ord. No. 2008-01, § 1; Ord. No. 2010-12, § 1; Ord. No. 2014-43 § 3]
It is not the intent of this division to prescribe the form
of ownership for the dwelling units in a residential development and
the ownership may be fee simple, condominium or cooperative or any
combination thereof. However for the purposes of regulating the location
of buildings within the development it is necessary to prescribe lot
sizes, dimensions and setback standards. In zero lot line developments
(i.e. where the dwelling units are not to be located on individually
owned separate fee simple title lots) each dwelling unit or structure
shall be located so that it would comply with prescribed lot standards
if imaginary lot lines were superimposed on the development.
(a)
The following standards shall apply to all tracts to be developed
in the RSC-2 overlay district:
(1)
Minimum building setback from tract line abutting a park: 100
feet.
(3)
Minimum building setback from tract line abutting a nonresidential
use: 200 feet.
(4)
Minimum building setback to height ratio abutting a residential
use: 2.0 to 1.
(5)
Minimum building setback to height ratio abutting a park or
nonresidential use: 1.0 to 1.
(6)
Maximum impervious coverage: 18% (All aboveground surface areas
including but not limited to roadways, parking areas, utility areas,
walkways, fire-buffer zones, nonstructural stormwater measures and
patios shall be constructed with pervious materials to the maximum
extent practicable.)
(7)
Minimum preserved open space: 81%.
(For purposes of this section, "preserved open space" shall
include preserved open space as defined by section 10B-194(a)(2) of
this Code as well as shall mean areas permanently preserved as a natural
forest area with no active recreational amenities or facilities except
areas for a natural trail system designed in consultation with a recognized
New Jersey nonprofit conservation organization.
(9)
Total new site disturbance (including buildings, driveways,
parking, utilities and construction buffer but excluding any areas
disturbed to pipe stormwater as provided for in section 10B-272.63(b);
excluding any areas disturbed in order to provide emergency ingress
and egress to a tract within this zone and excluding any areas required
to detain stormwater either underground or adjacent to the driveway
or residential road access to the tract as well as the Transco Pipeline
and excluding pathways: 19%.
(10)
All parking except for visitor and delivery parking
shall be underground. There shall be no parking on any driveway or
residential access roads. There shall be no banked parking.
(b)
Nothing in this section shall preclude the developer of a tract within the zone from donating, granting or transferring a conservation easement or fee title to preserved open space as defined in section 10B-194(a)(2) of this Code and as modified for the zone at subsection (h) hereinbelow to a recognized New Jersey nonprofit conservation organization.
(c)
The following are the standards for each residential unit type
permitted in the RSC-2 overlay district:
(5)
Multifamily.
c.
Maximum number of stories: three.
(Except a 4th story may be added to any buildings(s) constructed
within 300 feet of a public park.)
d.
Maximum height to the building plate: 55 feet.
Building plate is defined as the uppermost horizontal wall structural
timber supporting a roof. The building plate shall be measured in
the same way as building height is measured.
e.
Maximum building height: 62 feet.
Maximum height of building shall be measured pursuant to section
10B-241, except that if underground parking facilities are proposed,
the measurement shall be made from pre-existing grade.
(d)
(Reserved)
(e)
Off-street parking:
(1)
Parking requirements: The following parking standards shall
apply for all units.
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1 bedroom
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1.2 parking spaces
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2 bedroom
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1.5 parking spaces
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3 bedroom
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1.8 parking spaces
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Visitor and delivery parking:
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Aboveground parking for up to 21 visitor's vehicles or delivery
vehicles shall be provided.
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(2)
The provisions of sections 10B-286 through 289 regarding parking
lot design shall apply except in such cases where the side or sides
of the parking lot borders on a permanent, natural forest area, in
which case no additional screening shall be required. If any such
lot(s) border a natural gas pipeline or other open area, then any
trees or shrubs installed as a buffer shall have native and non-invasive
species as approved by the township arborist.
(3)
Underground or structure parking shall be excluded from any
floor area ratio calculation pursuant to subsection (a)(8) footnote
2 hereinabove.
(4)
Public streets shall not be determined to make land noncontiguous
for the purposes of this Ordinance.
(f)
Arrangement of buildings:
(1)
The following standards shall govern the location and arrangement
of buildings:
a.
Structures shall be located on the least environmentally vulnerable
land on the tract as determined with reference to section 10B-233(h)
and shall be sited in one or more clusters in a manner most appropriate
to the natural features and critical areas of the tract.
b.
Each dwelling unit shall be located so that it is accessible
by police, firefighting and emergency vehicles. Buffers around perimeters
of residential buildings that are meant for safety and fire access
shall be constructed of reinforced turf; no impervious or pervious
asphalt (or comparable) surfacing shall be used. Width of the buffers
shall be 20 feet. The need for such buffers shall be eliminated in
such cases where any building exposure (or "side") shall be deemed
already accessible to fire and safety vehicles or where the existence
of a sprinkler system within the residential uses shall be deemed
by the township fire marshal to be sufficient protection in itself,
without the presence of a fire buffer. An emergency access road shall
be allowed on the northerly portion of the tract on an existing easement
and shall be constructed of reinforced turf and have a width not greater
than 20 feet.
c.
Each dwelling unit location shall be reasonably related to the
appurtenant parking areas.
(2)
Multifamily, quadraplex and townhouse structures shall be no
closer to each other or to single-family or two-family structures
than 25 feet on the plane which describes the buildings as backing
or fronting each other. Garages for adjacent townhouse or quadraplex
units may be attached to each other.
(3)
Townhouse, multifamily or quadraplex structures shall not have
a length in excess of 180 feet, excluding connecting hallways and
shall be designed with offsets or other architectural features so
as to provide breaks in the linear plane.
(4)
Multifamily structures shall provide for variety in roof height
and avoid the appearance of one continuous structure. Developers are
encouraged to include buildings which have both two and three story
portions.
(h)
Preserved open space:
(1)
At least 81% of the tract or 16.9 of an acre shall be devoted
to preserved open space as defined in section 10B-272.64(a)(7) hereinabove.
(i)
Community space:
(1)
All developments in the RSC-2 zone may include community space
for the use of residents including, but not limited to, space for
dining rooms, laundry rooms, nurses' offices, other staff offices,
meeting rooms, and game rooms. The community space shall not constitute
gross floor area for purposes of the limitation on the floor area
ratio up to 2% of the total gross floor area of the development.
(j)
All buildings constructed within the zone shall be to silver
Leadership and Energy and Environmental Design standard ("LEED") or
to an energy and environmental design standard for a sustainable building
by a similar reputable certified organization.
(k)
All units subject to the barrier free subcode of the Uniform
Construction Code must be handicapped adaptable pursuant to the provisions
of N.J.A.C. 5:23-7 which shall mean that the dwelling unit has an
accessible entrance; an accessible interior route into and throughout
the dwelling unit, including maneuvering space at doors; and required
clear floor spaces and reach ranges in all rooms. The dwelling unit
shall have either the adaptable features in the kitchen and bathroom
or a fully accessible kitchen and bathroom.
(l)
All market rate units constructed within the zone shall be marketed
with an equal preference as follows:
(1)
To current residents of the township and Borough of Princeton;
and
(2)
To parents and children of current residents of the township
and Borough of Princeton; and
(3)
To persons who were either residents of the township or Borough
of Princeton within the past five years of the date of the adoption
of this ordinance; and
(4)
Current, active emergency service volunteers of the fire department
and the first aid and rescue squads; and
(5)
Current employees of the township, Borough of Princeton, Princeton
Public Library, Princeton Regional Board of Education or employees
of any of the joint Township and Borough of Princeton municipal agencies.
This preference for the sale of market rate units shall take
place through the date the developer issues its final construction
documents and receives it first construction permit for the development.
In providing this preference for the sale of market rate units,
the developer shall maintain two reservation lists. One list shall
contain those qualifying for the above-referenced preference. A second
list shall be maintained for all others expressing an interest in
purchasing a unit from the developer. While the aforementioned preference
is in effect, the developer may only offer binding contracts of sale
and reservation agreements to those qualifying for the preference.
After the preference period has expired, the developer then may offer
binding contracts of sale and reservation agreements to any potential
purchaser without preference.
(m)
Of the market rate units on the tract, at least 24 of said units
shall be affirmatively marketed to middle income households who have
a preference to purchase as defined in paragraph (k) above. For purposes
of this article, middle income households are defined as households
with a gross household income equal to 200% of the median gross household
income for households of the same size within the Council on Affordable
Housing ("COAH") Housing Region #4 or equivalent area wherein the
township is located. Any developer of market rate units within the
zone shall market 24 of said units as middle income units through
the date that the developer issues its final construction documents
and receives its first construction permits. During this time frame,
the developer may only offer binding contracts and reservation agreements
to those who have a preference to purchase and who qualify for the
middle income units. Thereafter, binding contracts and reservation
agreements may be offered to any of the potential purchasers of the
market rate units.
(n)
All development in the RSC-2 zone must submit a scaled, graphic
plan for review and approval by the board of jurisdiction, which clearly
delineates building areas, paving and road, associated construction
buffers and undisturbed areas. Construction fencing, in a form acceptable
to the township engineer shall be identified on the plan and provided
to separate areas of disturbance from areas not to be disturbed. All
trees to be preserved shall be fenced to protect them during construction
in a form and at distances acceptable to the township arborist. During
construction, all tree protection and management shall comply with
the provisions of the township's Tree Removal, Preservation and Loss
Mitigation Zoning Ordinance in effect at the time a developer receives
final site plan approval for the development.
(o)
All development on any tract within the RSC-2 zone shall satisfy
all of the requirements of the Township's Stormwater Management Ordinance
(Section 10B-227 et seq.) and the hydrologic requirements set forth
for design and performance standards for stormwater management as
they appear at N.J.A.C. 7:8-5.1 et seq. as determined by the township
engineer to be applicable to the soils within the tract proposed for
development:
(1)
Stormwater management measures shall be utilized to the maximum
extent possible within the limits of disturbance stipulated in section
10B-272.64(a)(9) of this Ordinance, and all stormwater measures shall
minimize tree-destruction to the maximum extent practicable. All stormwater
resulting from any development is to be managed in accordance with
codes and regulations of Princeton Township and the State of New Jersey
provided for herein.
(2)
Any developer shall have recourse to the piping of stormwater
to an off-site detention basin if required to satisfy section 10B-227
et seq. and applicable NJDEP regulations. Piping may be permitted
only if the applicant has satisfactorily demonstrated that all other
alternatives are not feasible. Additionally, piping shall be allowed
only if structural measures are deemed necessary in written reports
by the township engineer, in consultation with professional hydrologists,
as he or she deems advisable. The diameter of any piping shall be
the minimum required for conveyance of stormwater.
(3)
For the purposes of this section, all hydrological calculations
of stormwater management measures required to handle stormwater runoff
shall be based on N.J.A.C. 7:8-5.4.a.3.i, if practicable, and N.J.A.C.
7:8-5.4.a.3.iii shall apply only if it is not practicable to achieve
compliance with N.J.A.C. 7:8-5.4.a.3.i.
(4)
Structures required for stormwater measures shall be installed
within the limit of disturbance as defined hereinabove and in accordance
with the developer's scaled, graphic plan. Such measures may include
"green" roofs on buildings designed for a water infiltration capacity
of not less than one-half inches per hour, piping systems to direct
stormwater to cisterns, mini-detention basins serving exterior parking
and roadway areas, cuts in curbs for runoff, as well as stormwater
measures installed in the middle of a driveway entrance or access
road.
(5)
Nonstructural measures for stormwater management onsite may
include reducing impervious coverage and disconnecting impervious
surfaces, earthen berms (particularly along the Transco-Williams gas
pipeline easement), native and non-invasive vegetation to secure the
berms, rain gardens (small bioretention or infiltration basins), vegetated
channels in small drainage areas, earthen berms to direct stormwater
into existing drains and detention basins along access roads and the
planting of native and non-invasive species in the center of any driveway
entrance or access road. Such nonstructural measures shall be placed
as close to the source of runoff as possible.
(6)
Only if such on-site structural and non-structural management
measures located within the limit of disturbance as referenced hereinabove
are demonstrated by hydrological analysis to the satisfaction of the
township engineer, in consultation with his or her stormwater management
consultant, to be insufficient to handle stormwater, then the following
off-site stormwater management measures shall be permitted:
a.
A stormwater pipe may be installed first within an existing
right-of-way and then through a portion of a tract to an existing
detention basin adjacent to said tract and any storm drainage line
shall be field located to avoid destruction of any trees to the maximum
extent feasible.
b.
The point at which the stormwater pipe makes an easterly turn
to cross a part of the tract, shall be such that the shortest length
of pipe possible shall be used in accordance with section 10B-272.63(b)
hereinabove.
c.
The diameter of pipe to be installed shall be the smallest possible
to handle excess stormwater as demonstrated by hydrological analysis
to the satisfaction of the Princeton Township Engineer. The alignment
shall minimize disturbance to vegetation. Any and all increments in
the diameter of stormwater pipe shall be justified by hydrological
analysis, from six inches to 12 inches to 15 inches to 18 inches to
24 inches to 30 inches. Hydrological analysis shall mean the demonstrated
need for a specific diameter of pipe in relation to all stormwater
measures already installed or deployed, or meant to be installed or
deployed.
d.
All disturbance of forest and forest-floor vegetation caused
by the installation of structural stormwater measures shall be replanted
with vegetation that is both native and non-invasive, unless prevented
by safety or access easement requirements.
e.
If stormwater piping across a portion of a tract is required,
then such structure(s) shall be maintained to provide for its efficient
operation, but only allowing the most minimal land disturbance possible.
(p)
The private street providing vehicular ingress and egress to
the development shall be a residential access road or rural street
of pervious material to the maximum extent practicable and where technically
effective, and the width shall be a minimum to achieve proper hydrology
and vehicular safety. The street shall have a walkway on one side
only; the walkway shall have maximum width of four feet and any greenway
between the walkway and the residential access road shall be planted
with bioretention materials to the maximum extent practicable. The
other side of the street shall have a minimum shoulder width. There
shall be no grading to road-level. The turning radius of the turn
around area shall be the minimum necessary to achieve proper hydrology
and vehicular safety.
