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Aberdeen Township City Zoning Code

§ 25-6.12

"IH" Inclusionary Housing Overlay Zone.

[Ord. No. 11-2010 § 3; Ord. No. 20-2010 § 3]
a. 
Purpose. In accordance with N.J.A.C. 5:97-6.4 of COAH's "Third Round Substantive Rules," the "IH" Inclusionary Housing Overlay Zone provisions are created for the construction of affordable housing units in accordance with the "Housing Plan Element & Fair Share Plan" portion of the Aberdeen Township Master Plan, the rules of the New Jersey Council On Affordable Housing (COAH) for site specific "Zoning For Inclusionary Development," and other applicable COAH rules.
b. 
Property Description.
1. 
The subject overlay zones contains two (2) properties, including approximately 17.52 acres of land situated along the north side of County Road and approximately 7.8 acres of land situated on the northeast side of Route 34, south of Wellington Drive.
2. 
The County Road property is identified as Block 196.04/Lot 27 and Block 228/Lots 1 & 2 on the Aberdeen Township Tax Maps, and the Route 34 property is identified as Block 114/Lot 4.
c. 
Conceptual Development Plans for the Subject Properties.
1. 
Regarding the County Road property, a concept plan for a development known as "Renaissance At Aberdeen" appears on Page 47 of the Township's November 25, 2008 "Housing Plan Element And Fair Share Plan" document, which was adopted by the Planning Board and then forwarded to COAH for "Substantive Certification" by the Aberdeen Township Council on December 30, 2008.
(a) 
An updated concept plan, entitled "Feasibility Sketch-5" and dated June 24, 2010, has been prepared by WJH Engineering, is included in the July 1, 2010 "Fair Share Plan Amendment," and is the concept plan referred to in this subsection.
(b) 
It is understood that the June 24, 2010 concept plan may be changed/modified as a result of engineering details and site plan review by the Aberdeen Township Planning Board.
2. 
Regarding the Route 34 property, a concept plan for a development known as the "Villages At Aberdeen" was prepared by CMX and is dated October 3, 2006.
(a) 
The concept plan was revised through February 13, 2009, and it is the revised concept plan that is referred to in this subsection.
(b) 
It is understood that the February 13, 2009 revised concept plan will be changed/modified as a result of engineering details and site plan review by the Aberdeen Township Planning Board.
3. 
Regarding both of the concept plans, it is intended that the final development of the subject properties within the "IH" Inclusionary Housing Overlay Zone be generally in accordance with the above noted concept plans.
d. 
Principal Permitted Uses on the Land and in Buildings.
1. 
Townhouse units on the County Road property and on the Route 34 property, each not exceeding the following number of units and densities on the subject properties:
(a) 
The development on the County Road property (previously known as "Renaissance At Aberdeen") shall not contain more than one hundred fifteen (115) family townhouse dwelling units at a density not to exceed 6.6 dwelling units per gross acre of land and with no unit containing more than three (3) bedrooms. Market rate units shall be for sale.
(b) 
The "Villages At Aberdeen" development on the Route 34 property shall not contain more than sixty-two (62) family townhouse dwelling units for sale and shall not exceed a gross density of 8.2 dwelling units per acre.
2. 
Public parks, conservation areas, open space, common space and public purpose uses.
e. 
Low- and Moderate-Income Housing Requirements.
1. 
The development on the County Road property shall provide a thirty-two (32%) percent set-aside of affordable family townhouse units for rent, or a minimum of thirty-seven (37) units.
(a) 
The thirty-seven (37) affordable family townhouse units for rent shall be located on the County Road property and shall not be required to be interspersed among the market-rate units throughout the development.
(b) 
Of the thirty-seven (37) affordable family units for rent, eighteen (18) shall be occupied by moderate-income households, and nineteen (19) shall be occupied by low-income households.
(c) 
The restricted housing units shall be affordable units in accordance with all applicable requirements of the "Third Round Substantive Rules" of the New Jersey Council Of Affordable Housing (COAH).
2. 
The "Villages At Aberdeen" development on the Route 34 property shall provide a thirteen (13%) percent set-aside of affordable family townhouse units for rent or sale, or a minimum of eight (8) units.
(a) 
The eight (8) affordable family townhouse units for rent or sale shall be located on the Route 34 property and shall be interspersed among the market-rate units throughout the development, unless the applicant can prove that tax credit funding will be obtained if the affordable units are not interspersed.
(b) 
Of the eight (8) affordable family units for rent or sale, four (4) shall be occupied by moderate-income households, and four (4) shall be occupied by low-income households.
(c) 
The restricted housing units shall be affordable units in accordance with all applicable requirements of the "Third Round Substantive Rules" of the New Jersey Council Of Affordable Housing (COAH).
f. 
Accessory Uses Permitted.
1. 
Common recreational facilities, recreation centers and/or clubhouses as specifically approved by the Planning Board within specified open space areas in order to satisfy the needs of the residential population in the development.
2. 
Landscaping features including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses, as the case may be.
3. 
Underground sprinkler systems, provided that the water spray does not extend beyond the open space area or beyond the property lines.
4. 
Fences and walls shall only be permitted if specifically proposed by the developer and approved by the Planning Board as part of the site plan approval and/or if a standard for the location and type of the fences and/or walls has been approved by the Planning Board as part of the site plan approval and has been included in the homeowners' association documents.
5. 
Patios and decks in the side or rear yard areas of a dwelling unit, provided that no patio or deck shall be permitted unless a standard for such patios and/or decks has been approved by the Planning Board as part of the site plan approval and has been included in the homeowners association documents.
6. 
Off-street parking and private garages in accordance with subsection 25-6.12j hereinbelow and the design provisions specified in subsection 25-5.12 of the "LDO" which are not in conflict with the provisions of subsection 25-6.12j.
7. 
Signs in accordance with subsection 25-6.12l hereinbelow and the design provisions specified in subsection 25-5.18 of the "LDO" which are not in conflict with the provisions of subsection 25-6.12l.
g. 
Maximum Building Height.
1. 
No building containing townhouse dwelling units shall exceed thirty-eight (38) feet in height and three (3) stories, except that chimneys shall have no height restrictions. Moreover, where applicable, the height of a building shall be measured on the side facing an internal courtyard and/or on the front side of a townhouse unit; walk-out basements at the rear of a building are not to be calculated into the overall height of a building.
2. 
No recreation center building or clubhouse building shall exceed thirty (30) feet in height and two and one-half (2 1/2) stories, except that chimneys shall have no height restrictions, and no other accessory building, as may be approved by the Planning Board, shall exceed fifteen (15) feet in height and one and one-half (1 1/2) stories.
h. 
Yard and Distance Requirements for Townhouse Buildings. Minimum distances between townhouse buildings shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum separation between the buildings shall be the sum of the two (2) abutting distances, and each building shall have one (1) front, one (1) rear and two (2) side yards:
1. 
The minimum distances shall be twenty-five (25) feet for the front of a building; twenty (20) feet for the side of a building; and twenty (20) feet for the rear of a building;
2. 
No portion of any building shall be closer to any portion of any other building than the combined distances of the abutting requirements for each building, providing that the corner of a building off-set more than a fifteen (15) degree angle from a line drawn parallel to another building shall be considered a side of the building and the building separation requirement, therefore, shall be forty (40) feet for townhouses; and
3. 
In any case, and notwithstanding the distances specified hereinabove, no building shall be located closer than fifty (50) feet to the right-of-way line of any existing public street, thirty (30) feet to any tract boundary line, twenty (20) feet to the right-of-way line of any private internal street, and ten (10) feet to any off-street parking area.
i. 
Requirements for Buildings. All buildings shall have a dual pitched, single ridge roof (such as gable, hip, gambrel or mansard roof) with a minimum pitch of one (1) foot vertical to eight (8) feet horizontal, and no flat roof shall be permitted; provided, however, that where roof mounted equipment is necessary and/or preferable for the operation of the building, a facade roof treatment exhibiting the appearance of such a dual pitched, single ridge roof may be permitted if specifically approved by the Planning Board as part of a submitted site plan application for development.
j. 
Off-Street Parking, Private Garages and Driveways.
1. 
Notwithstanding any other ordinance provisions to the contrary, each individual use shall be provided off-street parking spaces according to the following minimum provisions, provided that, in accordance with the Residential Site Improvement Standards (RSIS), the Planning Board can grant a deminimis exception and design waiver for a lesser number of parking spaces if the applicant can demonstrate that a lesser number of spaces is sufficient.
(a) 
Townhouses shall be provided 1.8 off-street spaces for each 1-bedroom unit, 2.3 spaces for each 2-bedroom unit, and 2.4 spaces for each 3-bedroom townhouse unit. Where the bedroom count per dwelling unit is not specified, 2.3 spaces per unit shall be provided.
(b) 
For townhouses, each garage space shall be counted as 1.0 off-street parking space, regardless of the length of the driveway.
(1) 
A one-car garage and driveway combination shall count as two (2) off-street parking spaces for the subject unit, provided that the driveway measures a minimum of eighteen (18) feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
(2) 
A two-car garage and driveway combination shall count as three and one-half (3 1/2) off-street parking spaces for the subject unit, provided that the driveway measures a minimum of twenty (20) feet in width for a minimum eighteen (18) feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
2. 
All off-street parking spaces shall be on the same site as the use they are intended to serve and shall be located within one hundred fifty (150) feet of the nearest building entrance providing access to the subject use.
3. 
No off-street parking area or internal roadway shall be located within fifty (50) feet of any tract boundary.
k. 
Trash and Recycling Requirements. Unless the curb-side pickup of trash and recyclable materials is proposed by the applicant and approved by the Planning Board, an indoor or outdoor recycling area for the collection and storage of residentially-generated trash and recyclable materials shall be provided as follows:
1. 
The trash and recyclable material collection and pickup location shall be provided either within the building being served or in a location outside the building.
2. 
If located outside the building, the trash and recyclable materials area shall include a steel-like, totally enclosed trash and garbage container, finished with materials used to construct the building(s) being served, and located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of all three (3).
3. 
The dimension of the recycling area shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), as amended, and shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located.
4. 
The separation, storage, collection and recovery of recyclable materials shall be in accordance with Sections 16-4 and 16-5 of Chapter XVI, Public Works, of the Revised General Ordinances of the Township of Aberdeen.
5. 
The area provided for the collection and pickup of recyclable materials shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
6. 
The area provided for the collection and pickup of recyclable materials, and the bins or containers placed therein, shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered so as to keep the paper or cardboard dry.
7. 
Signs clearly identifying the area provided for the collection and pickup of recyclable materials shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
8. 
Landscaping, at least six (6) feet in height, shall be provided around any outdoor recycling area.
l. 
Permitted Signage.
1. 
One (1) ground mounted freestanding sign identifying the name of the development no larger than forty (40) square feet shall be permitted at the entrance to the development from an existing public street.
(a) 
The sign shall not exceed ten (10) feet in height and shall be set back at least twenty (20) feet from all street and property lines.
(b) 
Any sign illumination shall be external to the sign and shall be designed and oriented to prevent any sight of the lamp from any street or neighboring properties.
2. 
Additional signage within the interior of the site may be approved by the Planning Board for directional purposes or for other good cause shown by the applicant as part of the site plan approval.
m. 
Required Recreational Facilities. An "IH" development shall provide on-site recreational amenities within the specified open space in order to satisfy the needs of the anticipated residential population of the development as may be approved by the Planning Board.
1. 
A minimum area of ten thousand (10,000) square feet in size, at least seventy-five (75) feet in width with a grade less than five (5%) percent, is required to be developed for active recreation in any "IH" development.
2. 
All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.
n. 
General Requirements and Exceptions.
1. 
Any "IH" development shall be planned and developed with a common architectural theme which shall be subject to review and approval by the Planning Board; the architectural theme shall include the appearance of buildings, signing, fencing, lighting, paving, curbing, and landscaping.
2. 
No development or improvements shall be placed on naturally occurring slopes of twenty (20%) percent or greater unless the developer can establish relief in accordance with the provisions of subsection 25-6.8l, "Steep Slopes," and submits a geotechnical report. Development also shall not occur on wetlands and floodways except as specified in subsections 25-4.8 and 25-6.8.
3. 
Any "IH" development shall require that adequate public sewerage and potable water be provided.
4. 
No construction permit shall be issued for any dwelling unit, an addition thereto, or for an accessory structure unless the proposed construction is in accordance with the site plan as approved by the Planning Board. After the initial approval of the site plan, no application for a construction permit will be accepted by Aberdeen Township for processing unless the application is accompanied by a statement from the homeowners association that the proposed construction has been approved by the homeowners association.
5. 
For any "IH" development, the required setback for any residential unit or building from any proposed detention or retention basin, pond, lake or other water body or course as set forth in subsection 25-4.1g1 shall be a minimum of fifty (50) feet.
6. 
The required buffer area width between any "IH" development and any existing single-family residential development or zoning district shall be fifty (50) feet and shall be in accordance with the requirements of subsection 25-5.5.
7. 
The landscaping requirements of subsection 25-5.10 shall reasonably be applied to any "IH" development, except that the requirements of subsection 25-5.10o of the "LDO" for a Tree Removal and Replacement Plan shall not apply, provided that the removal of existing trees in the "IH" development is the minimum necessary.