The purpose of the RB-10 Inclusionary Zone is to create the opportunity for the construction of multifamily residential developments, with a set-aside for housing units affordable to very-low-, low- and moderate-income households, which development would be permitted as a matter of right on the sites included in this zone. The required set-aside rate shall be at least 20% of all multifamily housing units built (these units shall hereafter be referred to as "affordable units"). This inclusionary zoning ordinance applies to Block 33802, Lot 2.
[Added 3-2-2026 by Ord. No. 8-26, eff. 3-22-2026]
B.
The following accessory uses and accessory buildings shall be permitted in the RB-10 Zone:
(1)
Common open space including community buildings and recreational facilities.
(2)
Any legally existing nonconforming accessory building may remain without the need for variance relief.
(3)
Uses that are customary and incidental to the principal use.
(4)
Signs subject to the following:
(a)
Entrance signs, provided that the total surface area shall not exceed 32 square feet in surface area on any single side. No more than one sign shall be permitted per entrance.
(b)
One building-mounted sign shall be permitted on the non-residential portion of the building having an area that shall not exceed 10 square feet in area.
(c)
Directional signs to identify parking areas, sales or rental offices, recreation areas, entrance and exits, which signs shall not exceed two square feet in surface area.
(d)
The design, location and landscaping of signs shall be in accordance with the specifications and conditions set forth in ARTICLE XXI (Signs) of this chapter.
C.
The foregoing uses are permitted provided that at least 20% of all dwelling units constructed in the zone shall be affordable units.
D.
20% of the residential units shall be restricted to very-low-, low- and moderate-income households. Fractions of units shall be rounded up.
E.
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.
F.
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.
G.
Construction of the affordable units in inclusionary developments shall be phased in compliance with N.J.A.C. 5:93-5.6(d).
H.
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.
A.
The minimum lot area shall be at least one contiguous acre, and the density shall not exceed 26 dwelling units per gross acre, up to a maximum of 33 units.
B.
There shall be a minimum frontage of 200 feet upon an accepted public street, improved to the street specification standards of the Borough, county or state.
C.
The maximum height of any portion of a building or structure located within 75 feet of Main Street shall be 45 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.
D.
The maximum building surface coverage shall not exceed 25% of the site area.
E.
The maximum impervious surface coverage (including all buildings) shall not exceed 80% of the site area.
F.
No building shall be located within 50 feet of a front lot line nor within 25 feet of a side or rear lot line.
G.
Accessory buildings, except where existing, shall comply in all respects with the bulk requirements set forth in this section.
B.
Any outdoor parking area for three or more automobiles shall be separated from the nearest building by a sidewalk at least four feet wide.
C.
There shall be no parking within nine feet of the front lot line nor within nine feet of any side lot line.
D.
Surface parking areas shall be paved and curbed and provided with adequate storm water drainage in conformance with applicable Borough and state requirements.
E.
No on-site parking shall be required for a drive-through ATM.
A.
All streets, sidewalks and driveways in the RB-10 Zone shall be in conformance with applicable RSIS requirements.
B.
Primary access to the development shall be from a county or state road.
C.
Sidewalks shall be provided in suitable locations including along the street frontage and at entrances and exits to the development and to the building(s) within the development and wherever pedestrian traffic is anticipated to occur.
It is the intent of the zone plan that all RB-10 Zone development shall be designated and maintained as a private development. Subject to the provisions of N.J.S.A. 40:67-23.2 the developer shall comply with the provisions of § 17-16.8, Common open space, and § 17-16.9, On-tract and off-tract improvements and utilities. Maintenance of all internal roadways, sidewalks, curbs, drainage, landscaping, sewer lines, lighting and the provision of other types of common space maintenance services, such as snow and ice removal, shall be provided by the owner or condominium association so as to maintain adequate, convenient and safe use of the project.
A.
Each one-, two- and three-bedroom unit shall be provided with an enclosed, lockable storage space, in addition to the closets located within these units. Such storage space shall be at least 100 cubic feet in area and at least six feet in height and shall be provided within or adjacent to a common area such as a basement or hallway provided that such storage space shall have either direct access to the exterior of the building or access to the exterior via a common interior hallway with elevator access, if above the ground level.
B.
No structure or equipment of any kind shall be attached to the finished exterior surface of the roof, walls or other portions of any building other than: (a) residential-style lighting fixtures; (b) gutters; (c) downspouts; (d) shutters; (e) structures, fixtures or equipment required for compliance with the Uniform Construction Code. Such deck, balcony or patio must be surrounded by a railing not exceeding 36 inches in height or the minimum height required by the Uniform Construction Code, whichever is greater.
Buildings shall be of high-quality design and contribute to an improved appearance and image of the area and surrounding areas. To achieve this, the following regulations shall apply:
A.
Primary facade surfaces shall comprise brick, stone, and/or fiber-cement board.
B.
Large blank walls shall be prohibited.
C.
The area covered by primary facade surfaces shall comprise at least 60% of each building facade inclusive of windows and doors.
D.
The fenestrated area of the facade surface shall comprise at least 20% of the total facade surface of each building elevation.
E.
Exterior walls shall not exceed 15 linear feet without being interrupted by a window or entry.
F.
Buildings shall include a basecourse of between three and four feet in height along the ground level of all facades. The color of such basecourse shall contrast with the remainder of the facade surface.
G.
The use of Exterior Insulation Finishing System (EIFS) on exterior facade surfaces is prohibited.
H.
The inclusion of stringcourses above the ground floor is encouraged.
I.
The color of window and door surrounds shall contrast with the facade surface.
J.
The use of exterior millwork as a facade adornment is encouraged.
K.
The inclusion of porte-cocheres and similar features in encouraged to integrate the preexisting commercial bank ATM.
L.
Inclusion of gables and pitched roofs in building design is encouraged.
M.
Balconies or balustrades are permitted. A maximum depth of 3.5 feet is permitted for all balconies visible from a public roadway or right-of-way. When provided, such elements shall not project outside of the overall building design.
N.
Exterior-mounted mechanical and electrical equipment shall be architecturally screened or placed on a rooftop and in a location that is not visible from the public right-of-way or adjoining residences.
(1)
Freestanding building mechanical and electrical equipment may be provided where it is not feasible to locate such equipment on a rooftop or directly mounted to a building. In such cases, however, said equipment shall be located within a gated enclosure of an architectural design that is compatible with the associated building and landscaping shall be provided at the base of said enclosure. This requirement for location within an enclosure and provision of landscaping may be waived when the Borough Engineer determines that not providing same is in the best interest of the public health, safety, or welfare.
O.
Packaged terminal air conditioner (PTAC) or similar heating, ventilation, and air conditioning (HVAC) units with exposed "window air conditioner type" venting shall not be permitted to achieve lower utility costs for residents.
Q.
Horizontal articulation/facade length:
(1)
Building facades in excess of 120 feet in length shall be designed to avoid a monolithic appearance by using different facade materials and building setbacks or articulations that break the building into smaller increments and sections.
(2)
Design emphasis shall be placed on all building facades facing a public roadway.
(3)
Each building facade greater than 60 feet in length feet shall incorporate wall plane projections or recesses that are compatible with the proposed building architecture.
(4)
Expanses of a solid wall without window or doorway openings shall not exceed 30 feet in length.
A.
The developer shall furnish, along with the plans and specifications required under Chapter 17 (Development Review Ordinance) of the Code of the Borough of Lincoln Park, landscaping plans drawn by a licensed professional which shall include lighting plans for illuminating the grounds, roads, drives, walks, parking areas and building entrances of the development. Plans shall also be provided showing the existing contours, drainage areas, streams, wooded areas, and any other natural features of the land prior to the proposed development.
B.
Down lighting shall be provided around all buildings. All walkways, parking areas and outdoor activity areas to be used after dark shall be lighted. Adequate shielding shall be provided so that direct or reflected glare from any on-site source shall measure no more than 0.5 foot candles at any property line and no more than 1.5 foot candles at the entrance or exit driveways.
C.
All development shall be provided with liberal and functional landscaping schemes. Roads and pedestrian walkways shall be provided with shade trees of a minimum size and type prescribed by municipal agency consistent with Chapter 17, Land Development Review.
D.
Open space adjacent to buildings and spaces 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 and shall be planted with trees and shrubs or any combination thereof. Areas of the site not used for buildings, terraces, drives and parking spaces shall be seeded and landscaped and shall be maintained in a proper condition, unless approved by the municipal agency to remain in a natural state.
E.
Screening or buffers consisting of plantings and fences shall be required around outdoor utility structures, and other similar areas, and around all parking, areas to shield such areas and any associated lighting, to the extent practicable, from view by occupants and adjoining properties. Such screening or buffers shall consist of either: (a) a solid evergreen hedge at least four feet tall at time of planting; or (b) earthen berms with smaller plantings (not less than three feet tall at planting) totaling at least four feet in combined height. Screening and buffer plantings shall also be required along all residential perimeter property lines, where existing vegetation does not provide an effective buffer or screen. When adjoining a residential property, such plantings shall consist of a double staggered row of evergreen trees to form a continuous horizontal visual barrier. Such plantings shall be at least six to eight feet tall at the time of planting. The spacing of the plantings - center-to-center and offset of the staggered rows - shall be designed to achieve a continuous visual horizontal barrier at the time of planting. The use of earthen berms, with shorter plantings on top, to achieve the stipulated six to eight feet height at the time of planting, shall only be considered for approval by the municipal agency when it is determined that the installation of such earthen berms will not adversely impact existing vegetation that should be retained and surrounding properties.
F.
There shall be a buffer at least 10 feet in width along all lot lines. All such buffers, if wooded, shall be encouraged to remain in their natural state and shall be supplemented with additional plantings where necessary for effective screening. Where an emergency access drive constructed of structural grass pavers is located within a required buffer, no plantings shall be required (other than grass within the structural grass pavers). Otherwise, such buffer (when not already sufficiently wooded) shall be planted with a landscaped visual screen at least six to eight feet in height at time of planting.
A.
Garbage collection shall be accomplished from common refuse collection containers in the case of buildings containing apartment flats. Common refuse collection containers shall be located either within one or more separate walled enclosures or within a portion of each building that is walled off from the rest of the building and is directly accessible to the outdoors for collection purposes. Where common refuse collection containers are provided, the enclosure shall have adequate storage space for all recyclable materials as well and shall be readily accessible for collection purposes without the need for special accommodations.
B.
Every dwelling unit shall be provided with public water and public sanitary sewer, which shall be installed by and at the expense of the developer. In addition, a fire hydrant shall be provided as recommended by the Fire Official.
C.
All utilities shall be installed underground.
D.
Street lighting on public and private streets shall be in accordance with the specifications in the Borough Ordinance.
E.
Adequate lighting shall be provided along pedestrian walkways, within parking areas, and at dwelling entrances and access routes.
The Planning Board shall comply with the provisions of N.J.A.C. 5:93-10.1 regarding the expedited review of inclusionary residential development applications.