[Added 4-15-2020 by Ord. No. 2020-6]
The purpose of the R-7 Mixed Use District is to provide for
inclusionary development that is intended to assist the Township of
Mansfield in satisfying a portion of its fair share housing obligation.
The boundary of the R-7 Mixed Use District shall encompass the
property identified as Block 70, Lot 6.02, which shall hereafter be
referred to as the "tract." The district boundary shall extend to
the centerline of the mapped rights-of-way contiguous to the Tract.
The municipal Zoning Map is hereby amended to reflect same.
A.
Except as expressly provided in § 65-196 and elsewhere in this article, the development regulations set forth in this article shall apply to the tract as a whole, not to individual lots which may be created therein.
B.
Affordable housing. The affordable housing requirements shall vary as the residential yield on the tract is increased. Specifically, 15% of the dwelling units up to a yield of 488; and 30% of the dwelling units between a yield of 489 and 560 within the tract shall be income-restricted in accordance with the standards set forth at § 65-200, below. For all nonresidential development constructed within the R-7 Mixed Use District, such development shall be subject to the requirements of the Statewide Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1 et seq.
C.
Open space. A minimum of 25% of the tract shall be dedicated as open
space per N.J.S.A. 40:55D-43.
D.
The tract shall be permitted to be subdivided into one or more lots,
and one or more buildings or uses shall be permitted on a single lot.
The tract shall be permitted to be constructed in one or more phases.
E.
The regulations set forth in this article shall supersede all other provisions of the Township Zoning Ordinance, unless otherwise stipulated herein. The provisions of § 65-4F shall not apply to this tract.
F.
The land use administration and procedural regulations of the Township
of Mansfield Code shall remain in full force and in effect. Notwithstanding
the foregoing, to prevent undue burdens on the provision of affordable
housing, the following submission and checklist requirements shall
not be required in connection with any development application in
the R-7 Mixed Use District.
(3)
Soil borings (§ 44A-11); provided, however, that soil borings shall be submitted in connection with any specific areas of the tract that that are intended to be developed for water detention or recharge.
(4)
Steep slope mapping and related requirements, if any.
(5)
Submission of soil samples (§ 65-95.4); provided, however, that soil borings shall be submitted in connection with any specific areas of the Tract that are intended to be developed for water detention or recharge.
G.
Nothing in this article shall contravene the statutory requirements
of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq (the "MLUL").
A.
AGE-RESTRICTED HOUSING
CONVENIENCE STORE
DWELLING UNIT
MIXED-USE BUILDING
MULTIFAMILY BUILDING
TOWNHOUSE
Definitions.
Housing that is designed to meet the needs of, and is exclusively
for, an age-restricted segment of the population such that: all the
residents of the development where the unit is situated are 62 years
or older; at least 80% of the units are occupied by one person that
is 55 years or older; or the development has been designated by the
Secretary of the U.S. Department of Housing and Urban Development
as "housing for older persons" as defined in Section 807(b)(2) of
the Fair Housing Act, 42 U.S.C. §§ 3607.
A retail business that stocks a range of everyday items,
such as coffee, groceries, snack foods, confectionery, soft drinks,
tobacco products, over-the-counter drugs, toiletries, newspapers,
and magazines. Such stores may also offer money order and wire transfer
services, along with the use of a fax machine or photocopier for a
small per-copy cost.
A unit intended for residential use.
A building consisting of any combination of permitted uses,
including dwelling units and commercial.
A building designed for three or more dwelling units within
one building.
A building that has no more than 10 dwelling units erected
in a row as a single building, each being separate from the adjoining
unit or units by an approved masonry, party or partition wall or walls,
thus creating distinct and noncommunicating dwelling units, such units
intended for separate ownership or rental, and shall include stacked
dwelling units.
B.
Permitted principal uses.
(1)
Multifamily buildings.
(2)
Townhouses.
(3)
Age-restricted housing within multifamily buildings, townhouses,
or mixed-use buildings.
(4)
Commercial uses, within 1,500 feet of U.S. Route 130, including any
one or more of the following uses, in any combination:
(b)
Retail stores, shops, and services (including drive-through
services).
(c)
Restaurants, eateries, and drinking establishments (including
drive-through, drive-in, and take-out/walk up window services, and
refreshment stands).
(d)
Grocery stores.
(e)
Offices (general, professional, government, or medical).
(f)
Banks, credit unions and ATM kiosks (including drive-through
and walk up).
(g)
Gyms, health clubs, and fitness centers.
(h)
Child-care centers, subject only to state child-care licensing
requirements.
(i)
Adult day-care facilities.
(j)
Tutoring, educational, or training establishments.
(k)
Hotels.
(n)
Medical facilities, such as urgent care, pain management, dialysis,
and like facilities.
(o)
Convenience stores (without or without gasoline service stations).
(5)
Open space.
(7)
Central sewage facilities.
(8)
Central water storage, pumping, treatment, and conveyance facilities.
(9)
Mixed-use buildings consisting of any combination of the above uses,
in one or more buildings, within 1,500 feet of U.S. Route 130.
C.
Permitted accessory uses.
(1)
Clubhouses, community swimming pools (specifically excluding the requirements of § 65-91), and community buildings ancillary to a principal use.
(2)
Management offices ancillary to a principal use.
(3)
Recreational facilities ancillary to a principal use (indoor and/or
outdoor).
(4)
Patios, decks, sheds, terraces, or balconies ancillary to a principal
use.
(5)
Parking facilities and garages, either surface (open air) or enclosed.
(6)
Enclosed storage facilities ancillary to a principal use.
(8)
Drive-through and drive-up windows.
(9)
Outdoor seating and delivery service for restaurants and eateries.
(10)
Rooftop recreation facilities on multifamily buildings.
(11)
Any other use customarily incidental to a principal use.
D.
Conditional uses: None.
A.
Tract density for dwelling units: 560 dwelling units, maximum.
B.
Tract density for commercial: 40,500 gross square feet, maximum.
C.
Bulk requirements for townhouse:
|
Requirement
|
Dimension
|
|---|---|
|
Minimum principal building front yard setback (feet)
|
20
|
|
Minimum principal building rear yard setback* (feet)
|
15
|
|
Minimum principal building side yard setback (feet)
|
0
|
|
Minimum principal building to principal building setback (feet)
|
30
|
|
Minimum principal building deck side yard setback (feet)
|
0
|
|
Minimum principal building deck rear yard setback* (feet)
|
7
|
|
Minimum accessory building side and rear yard setback (feet)
|
5
|
|
Maximum principal building height (stories/feet)
|
3.5/45
|
|
Maximum accessory building height (stories/feet)
|
1/15
|
|
Maximum lot coverage (percentage)
|
95%
|
|
*No setback shall be required where the lot does not back against
another lot.
|
D.
Bulk requirements for multifamily building; commercial uses; mixed-use
building:
|
Requirement
|
Dimension
|
|---|---|
|
Minimum principal building to principal building setback (feet)
|
40
|
|
Minimum accessory building side and rear yard setback (feet)
|
5
|
|
Maximum principal building height (stories/feet)
|
3.5/45
|
|
Maximum accessory building height (stories/feet)
|
1/15
|
|
Maximum lot coverage (percentage)
|
90%
|
E.
Bulk requirements for open space; farming; central sewage facilities;
and central water storage, pumping, treatment, and conveyance facilities:
|
Requirement
|
Dimension
|
|---|---|
|
Maximum principal building height (stories/feet)
|
1/15
|
|
Maximum accessory building height (stories/feet)
|
1/15
|
|
Maximum lot coverage (percentage)
|
90
|
F.
Building height shall be measured from the highest finished grade
of the building.
A.
The tract buffer width shall be measured from the right-of-way lines
existing or as determined at the time of submission of an application
for development:
(1)
Northern boundary (Route 130): 20 feet, minimum.
(2)
Western boundary (Kinkora Road): 20 feet, minimum.
(3)
Eastern boundary (County Park): thirty-five-foot minimum when abutting
townhouse building(s) and twenty-five-foot minimum when abutting multifamily
or nonresidential building(s).
(4)
Western and southern boundaries (residences): 30 feet, minimum.
B.
The buffer shall be maintained as a landscaped area and no structures
shall be permitted within the buffer except for access drives, fencing,
recreation paths, walkways, stormwater basins, utilities and/or signs.
Buffer landscaping to be provided along U.S. Highway Route 130 shall
be designed so as to not unreasonably interfere with visibility for
the anticipated retail development along that frontage.
C.
The minimum planting height for shrubs shall be three feet, and the
minimum planting height for evergreen trees shall be six feet. Deciduous
trees shall be 2.5 to three inches in diameter.
D.
Where existing vegetation is preserved, new plantings shall not be
required.
E.
The buffer landscaping shall consist of two continuous parallel rows
of evergreen trees in staggered rows planted 15 feet on center and
the buffer may also include evergreen and deciduous trees and/or shrubs
and/or ornamental grasses, perennials, and annuals.
F.
Buffers may include a privacy fence (solid or open) in addition to
the required vegetation and landscaping.
A.
Residential: Per RSIS.
B.
Commercial: 1.0 space per 250 square feet of floor area. This standard
shall apply to any use not otherwise specified below.
C.
Hotel: 1.0 space per rental hotel room key.
D.
Restaurants, eateries, and drinking establishments: 1.0 space per
three seats of maximum occupancy.
E.
Child-care: Per N.J.S.A. 40:55D-66.6.
F.
Shared parking: For mixed-use developments, a shared parking approach
to the provision for off-street parking, based on acceptable industry
standards.
G.
Handicapped designated parking shall be provided in accordance with
the Americans with Disabilities Act (the "ADA").
H.
Loading requirement for commercial buildings: one loading space per
10,000 SF.
D.
Lighting.
E.
Fences and walls.
F.
Refuse and recycling. All refuse and recycling storage shall be fully
enclosed and screened within the building or, if outside, within a
refuse enclosure that is a minimum of six feet high.
G.
Signs.
(2)
Building signs.
(a)
Commercial signage shall be limited to one architectural wall
sign per tenant per facade, having a maximum sign area of 60 square
feet, or 10% of the storefront, whichever is lesser; and further provided
that such signs shall be affixed to the principal elevation and located
below the second story. For tenants located in an end-cap or a single-tenant
building, two wall signs shall be permitted.
(b)
Multifamily buildings shall be limited to one sign per multifamily
building, having a maximum sign area of 60 square feet.
(3)
Directory signs.
(a)
Directory ground signs shall be permitted within the interior
of the tract, to identify or distinguish different neighborhoods or
clusters of building types within the development.
(b)
Directory signs shall not exceed 16 square feet in area.
(c)
Directory signs shall not exceed eight feet in height.
(4)
Directional (wayfinding) signs.
(a)
Directional ground signs shall be permitted within the interior
of the tract, to facilitate wayfinding to amenity areas such as clubhouses
or neighborhoods or clusters of building types within the development.
(b)
Directional signs shall not exceed 16 square feet in area.
(c)
Directional signs shall not exceed eight feet in height.
(5)
All signs within the tract shall be designed in a cohesive manner.
(6)
All signs on townhouse lots shall be subject to § 69-112.
H.
Mechanical equipment. Air conditioning units, HVAC systems, exhaust
pipes or stacks, electric and gas utility meters, and related mechanical
equipment and elevator housing shall be screened to minimize visual
impact.
A.
Fifteen percent of the dwelling units constructed within an inclusionary
development within the Mixed Use Zone up to 488 and 30% of those dwelling
units in excess of 488 are to be affordable to low- and moderate-income
households ("affordable units") in accordance with the Superior Court's
February 18, 2020 Order approving the Settlement Agreement in the
matter of Tower Gate Associates v. Township of Mansfield, et al, Docket
No.: L-1739-18. Accordingly, in the event of a total development of
up to 488 units, 15% of those units shall be reserved as affordable
units (i.e. 74 affordable units if the inclusionary development consists
of a total of 488 dwelling units). Further, in the event in of an
inclusionary development consisting of 489 to 560 total dwelling units,
30% of the dwelling units in excess of 488 shall be reserved as affordable
units [i.e., 22 additional affordable units (96 affordable units in
total) if the inclusionary development consists of a total of 560
dwelling units].
B.
The affordable units shall be deed restricted in accordance with
the provisions of the Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.1 et seq. ("UHAC"), which shall govern the number of bedrooms
and rents for the affordable units.
C.
Phasing for construction of the affordable units shall be in accordance
with COAH's phasing schedule established by N.J.A.C. 5:93-5.6(d).
D.
All affordable units shall comply with the regulations of UHAC and/or
the New Jersey Council on Affordable Housing ("COAH"), as may be applicable,
including, but not limited to those concerning income qualification,
controls on affordability for a period of 30 years, deed restrictions,
bedroom distribution, low-/moderate-income split, affirmative marketing,
and handicap accessibility.
E.
All affordable units shall be subject to affordability controls for
a period of at least 30 years following the initial certificate of
occupancy for the affordable unit and upon the conclusion of that
thirty-year period the municipality's decision as to when and whether
to extinguish affordability controls shall be governed by the applicable
UHAC provisions.
F.
Townhouses shall be permitted to be arranged in a stacked or interlocking
fashion, whereby an affordable unit shall be permitted to be located
vertically above or vertically below a market-rate unit.
