The purpose of the Apartment Set-Aside Overlay II Zone (AS-II) is to provide for and encourage the construction of housing affordable to very-low-, low- and moderate-income households by permitting townhouse development conditioned upon the requirement to set aside at least 20% of the units built for very-low-, low- and moderate-income households. This overlay applies to Block 10901, Lot 9.
[Added 3-2-2026 by Ord. No. 6-26, eff. 3-22-2026]
A.
B.
Other uses permitted are:
(1)
Common open space.
(2)
Signs as accessory uses, as follows:
(a)
Signs located at the entrance of a development. The total surface area of any such sign shall not exceed 24 square feet in surface area. No more than one sign shall be permitted per entrance.
(b)
Directional signs for the convenience of the residents to identify parking spaces, rental offices, recreation areas, entrances and exits, which signs shall not exceed four square feet in surface area.
(4)
Accessory uses customarily incidental to the above uses.
C.
20% of the residential units shall be restricted to very-low-, low and moderate-income households. Fractions of units shall be rounded up.
D.
All affordable housing units shall comply with the Borough's affordable housing regulations in its Affordable Housing Ordinance,[1] as well as the NJ Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1 et seq.). This shall include but is not limited to:
(1)
The requirement that at least 13% of the affordable units within the development shall be required to be for very-low-income households earning 30% or less of median income;
(2)
The bedroom distribution of very-low-, low- and moderate-income units for affordable units shall be as follows.
(3)
Recording of appropriate affordability controls of not less than 40 years for rental units and not less than 30 years for sale units;
(4)
Minimum unit sizes by square footage as required by UHAC for affordable housing units; and
(5)
The affordable units shall be affirmatively marketed in accordance with UHAC and applicable law. The affirmative marketing shall include the community and regional organizations identified by the Borough, and it shall also include posting of all affordable units on the New Jersey Housing Resource Center website in accordance with applicable law.
E.
The affordable units shall be integrated with the market-rate units, and the affordable units shall not be concentrated in separate building(s) or in separate area(s) or floor(s) from the market-rate units. In buildings with multiple dwelling units of similar tenure, this shall mean that the affordable units shall be generally distributed within each building with market units. The residents of the affordable units shall have full and equal access to all of the amenities, common areas, and recreation areas and facilities as the residents of the market-rate units.
F.
Construction of the affordable units in inclusionary developments shall be phased in compliance with N.J.A.C. 5:93-5.6(d).
G.
All very-low-, low- and moderate-income housing units shall be in conformance with the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA") and any amendments thereto; applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA") including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), with the sole exception that a minimum of 13% of the affordable units will be made available to very-low-income households, defined as households earning 30% or less of the regional median income by household size pursuant to the FHA.
H.
The affordable units shall be integrated with the market-rate units, and the affordable units shall not be concentrated in separate building(s) or in separate area(s) or floor(s) from the market-rate units. In buildings with multiple dwelling units of similar tenure, this shall mean that the affordable units shall be generally distributed within each building with market units. The residents of the affordable units shall have full and equal access to all of the amenities, common areas, and recreation areas and facilities as the residents of the market-rate units. The affordable units shall be the same type of housing unit as the market rate units, meaning that a market rate building available to families shall not be developed to provide age-restricted housing units.
The density of an AS-II Overlay Zone development shall not exceed 10 dwelling units per acre of site, including any new on-site streets, public or private.
The minimum area for an AS-II Overlay Zone development shall be 10 contiguous acres.
The maximum coverage of the site by all buildings shall be 20% of the site area. The maximum impervious surface shall be 35% of the site area.
A.
The front and rear yard setback shall not be less than 75 feet. The side setback shall not be less than 25 feet.
B.
The maximum height shall be 55 feet as measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs; the deckline of mansard roofs; or, the mean height between eaves and ridge for gable, hip and gambrel roofs.
C.
Accessory buildings, except where existing, shall comply in all respects with the bulk requirements set forth in this section. Accessory buildings shall not exceed 16 feet in height.
D.
The minimum width of any townhouse dwelling unit or flat shall be 18 feet.
E.
The distance between buildings shall be not less than 30 feet.
F.
Each building shall contain an enclosed, lockable storage space for each unit, exclusive of closets. Such storage space shall be at least 40 square feet in area and six feet in height and shall be provided within the unit or in a common area such as a basement or cellar.
A.
All developments shall be provided with liberal and functional landscaping schemes. Roads and pedestrian walks shall be provided with shade trees which are at least a minimum size and character in accordance with the standards in Chapter 17, Land Development Review, and of the Shade Tree Committee of the Borough.
B.
Open space adjacent to buildings, malls between buildings intended for utilization by residents and border strips along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or planted with trees and shrubs or any combination thereof. Areas not used for buildings, terraces, recreation equipment, drives, parking spaces or sidewalks shall be seeded or landscaped and maintained in a proper condition.
C.
Where necessary to shield occupants and adjoining properties from unsightly, disturbing or light-glaring areas, screening or buffers consisting of a solid evergreen hedge at least five feet tall at planting or earth berm and smaller plantings totaling five feet in height shall be installed. The municipal agency may permit a solid wood fence or decorative masonry wall in lieu of an evergreen hedge where conditions warrant.
D.
The developer shall furnish, together with the plans and specifications required under Chapter 17, Land Development Review, of the Code of the Borough of Lincoln Park, landscaping plans drawn by a licensed professional, indicating landscaping intended for the development as well as plans for lighting the grounds, roads, drives, walks, parking areas and building entrances. Additional plans shall show contours, drainage areas, streams, wooded areas and any other natural features of the land in a natural state before development proposals.
E.
There shall be a buffer strip of at least 25 feet in width on all lot lines adjoining zone district lines and on all lot lines adjoining existing improved residential property. No buffer shall be required where such lot line borders a public street. All such buffer strips, if wooded, shall remain in their natural state or otherwise shall be planted with an evergreen screen at least six feet in height.