Belvidere City Zoning Code
ARTICLE X
Regulations for MFATWFH Multi-Family Age Targeted Work Force Housing District
§ 505-51 Intent and purpose.
[Added 11-18-2019 by Ord. No. 2019-11]
The intent and purpose of the MFATWFH District is as follows:
A.
To provide a variety of housing opportunities not currently available in the municipality.
B.
To create a residential community which is compatible with the character and scale of the Town of Belvidere.
C.
To provide an architectural design that reflects the existing architecture and ambiance through the architectural design, scale, details, layout and facade treatments.
D.
To encourage an attractive visual environment with street trees, sidewalks, landscaping and pedestrian amenities to provide a walkable community and neighborhood with appropriate linkages to the Town.
E.
To provide a traffic circulation plan designed with direct access to Manunkachunk Road to minimize traffic impacts on Belvidere's existing local roadway network.
F.
To encourage the preservation and protection of environmentally sensitive open space and wildlife habitats.
§ 505-52 Principal permitted uses.
§ 505-53 Permitted accessory uses and structures.
[Added 11-18-2019 by Ord. No. 2019-11]
The following accessory uses and structures are permitted in the MFATWFH District:
A.
Recreational and cultural facilities for the sole use of the residents of the community and their guests, including, but not limited to, a clubhouse, library, media center, court games, picnic areas, and other active and passive recreation facilities.
B.
Construction office or trailer and/or sales office for the duration of the construction of the project.
C.
Private garages and private parking areas.
D.
Customary accessory structures and uses, including detention basins and other stormwater management facilities.
E.
Signs, pursuant to § 505-72.2H of the Design Standards.
F.
Home occupations.
G.
Fences, walls and retaining walls only if specifically approved by the Board as part of the site plan approval.
H.
Security guard houses and/or entry gates.
I.
Landscaping features including benches, trellises, gazebos and other similar features customarily associated with residential uses, as the case may be.
§ 505-54 Affordable housing considerations.
[Added 11-18-2019 by Ord. No. 2019-11]
A.
Any development in the MFATWFH District shall include two low- and moderate-income housing units. The low- and moderate-income housing units shall be located in the portion of the development that contains the flat units. The low- and moderate-income units shall be constructed in the first building that contains flat units and be occupied before 50% of the overall number of flat units in that particular building are occupied.
B.
The low- and moderate-income units shall be constructed, rented, and marketed in compliance with the terms and provisions in Chapter 145 of the Code of the Town of Belvidere entitled Affordable Housing.
C.
Any housing project developed in the MFATWFH District shall be treated as an "Inclusionary Development" for purposes of COAH, or any other governmental or quasi-governmental rules, regulations and/or guidelines. Development in the MFATWTH District is not subject to any development fee ordinance that may be implemented by the Town of Belvidere since the project is considered as an inclusionary development.
§ 505-55 Yard, density, height, coverage and buffer requirements.
[Added 11-18-2019 by Ord. No. 2019-11]
A.
In any MFATWFH District, no building or structure shall be erected, nor any lot or land utilized unless in conformity with the following schedules:
Schedule 1 MFATWFH District Schedule of Yard, Density, Height, Coverage, Buffer and Unit Mix Requirements | |
|---|---|
Requirements | |
Minimum tract size | 35 acres |
Maximum # units | 250 |
Maximum density | 6.75 du/acre |
Maximum principal building height: | |
Single family detached | 2 1/2 stories/35 feet |
Single family semi-detached | 2 1/2 stories/35 feet |
Patio homes (detached) | 2 1/2 stories/35 feet |
Townhouses | 2 1/2 stories/35 feet |
Stacked Townhouses | 3 1/2 stories/40 feet |
Flat Units | 3 stories/40 feet1 |
Maximum accessory building height | 1 1/2 stories/18 feet |
Maximum building coverage | 25% |
Maximum impervious lot coverage | 45% |
Minimum perimeter buffer 2,3 | 15 feet where patio home units abut the tract boundary and 25 feet where flat and townhome units abut the tract boundary |
Minimum building setback from tract boundary lines4 | 25 feet for patio homes and 40 feet for flat and townhome units, except that the tract boundary setback for flat units north of the northerly boundary of the power line easement shall be 30 feet. |
1Where a garage is provided beneath a building with flat units for off-street parking, the garage shall not be considered a story if more than 1/2 its height is below the average finished grade level of the ground adjacent to those foundation walls that are buried below grade. | |
2As measured from the tract boundary and not lot lines internal to the tract. | |
3The minimum width of perimeter buffer may be reduced to 10 feet within the patio home area and 15 feet in the flat or townhome units area where a six-foot high decorative fence is installed along the property boundary, as well as supplemental deciduous and evergreen plantings. | |
4Decks attached to rear of flat buildings and stacked townhomes may encroach into the tract boundary setback area along Manunkachunk Road as long as a twenty-five-foot setback is observed from the Manunkachunk Road right-of-way. | |
Schedule 2 MFATWFH District Schedule of Yard Requirements - Fee Simple Patio Homes | |
|---|---|
Requirements | |
Minimum lot area | 4,500 square feet |
Minimum front yard setback | 15 feet |
Minimum rear yard setback5 | 20 feet |
Minimum side yard setback (one side) | 5 feet |
Minimum side yard setback (both sides) | 15 feet |
Minimum lot width | 45 feet |
5Decks attached to the rear of patio homes may encroach into the rear yard as long as a ten-foot setback is observed from the rear property boundary. | |
Editor's Note: Footnote numbering retained from Ord. No. 2019-11. | |
B.
At least 40% of the total number of units shall be single-family detached patio homes.
C.
The maximum number of bedrooms in a patio home shall be three.
D.
No development shall be located in any area containing wetlands, flood hazard areas or topographic slopes exceeding 15% except that: (1) underground utilities such as sanitary sewers, water mains, electric lines, or stormwater lines as well as retaining walls needed to allow for grade transitions between developed areas and areas to be left undisturbed shall be permitted, and (2) 15% and greater slope disturbance associated with the development of flat units north of the northerly boundary of the power line is permitted.
§ 505-56 Minimum floor area requirements for flat buildings.
[Added 11-18-2019 by Ord. No. 2019-11]
A.
No flat unit constructed in the MFATWFH District shall have less than 750 square feet of living space. For the purposes of this ordinance, garage, basement, or storage space shall not be considered as living space.
B.
Unless otherwise waived the by Planning Board, each flat unit shall provide at least 30 square feet of outdoor recreation space in the form of a deck, patio or open-air porch, which shall be attached to the principal building. Where a deck is proposed and shall be attached to a building, the deck shall be setback from tract boundary lines in accordance with the Schedule 1 in § 505-55 above.
§ 505-57 Multi-family building separation requirements.
[Added 11-18-2019 by Ord. No. 2019-11]
A.
In the MFATWFH District, no flat or townhome building shall be erected unless in conformity with the following schedule:
Schedule 3 MFATWFH District Schedule of Minimum Yard Setbacks and Buildings Spacing | |
|---|---|
Requirements | |
Minimum front building setback to curb | 25 feet |
Minimum building setback to parking area | 10 feet |
Minimum building front yard spacing 6,7 | 25 feet |
Minimum building side yard spacing 6,7 | 15 feet |
Minimum building rear yard spacing 6,7 | 25 feet |
Minimum garage building setback - flat units | Minimum 30 feet to curbline with frontyard loading driveway. Minimum 25 feet to curbline with side loading garage |
Minimum garage building setback Townhouses and stacked townhouses | Minimum 25 feet to curbline |
Minimum distance between principal building and detached accessory buildings | 35 feet |
Minimum distance between front and side of building | 30 feet |
6The minimum distance between buildings shall be the sum of the two abutting distances. Each building shall have one front, one rear and two side yards. | |
7The front facade of a building shall not overlap the sidewalk of an opposite building by more than eight feet zero inches unless said buildings are joined together. In no case shall windows in any wall be obstructed by any abutting walls. | |
Editor's Note: Footnote numbering retained from Ord. No. 2019-11. | |
§ 505-57.1 Recreation.
[Added 11-18-2019 by Ord. No. 2019-11]
A.
A minimum of 35% of the overall tract area proposed for an MFATWFH District development shall be specifically set aside for recreation or common open space.
B.
Recreational facilities within the specified open space shall be provided in order to satisfy the needs of the anticipated residential population of the development. 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 and all other applicable codes and standards.
C.
A minimum of 15% of any MFATWFH District tract shall be designed and improved for active and passive recreation facilities. The type and location of all active and passive recreation facilities shall be determined at the time of site plan review. The recreation lands shall have been found by the Board to be reasonably located for its intended use. At the discretion of the redeveloper, all recreational requirements under the Redevelopment Plan may be satisfied off-tract at municipally owned land and/or facilities through a contribution by the redeveloper of $1,250 per residential unit approved for the site. If a contribution is provided in lieu of meeting the recreational requirements, all monies must be furnished to the municipality prior to the issuance of the first certificate of occupancy for a dwelling unit in the development. Units constructed for sales, construction, and administrative purposes are not defined as a dwelling unit and would not trigger the contribution requirements in this section.
D.
In the event the financial contribution referenced in Subsection C is not applicable, then a clubhouse or community building of at least 2,500 square feet in gross floor area shall be provided for a MFATWFH District development. The clubhouse or community building, as well as all associated recreational amenities, shall be completed prior to the issuance of certificates of occupancy of no more than 50% of the total housing units approved for construction.
§ 505-57.2 Design standards.
[Added 11-18-2019 by Ord. No. 2019-11]
The following design standards apply to the development within the MFATWFH District:
A.
Minimum parking requirements.
1.
The minimum number of parking spaces shall be provided according to the following schedule:
2.
A parking area for the storage of recreational vehicles such as travel trailers, campers, motor homes, house trailers, boat trailers, and ATV and motorcycle trailers of a size and location reasonable acceptable to the Planning Board shall be constructed north of the northerly boundary of the power line easement.
The parking and storing of any recreational vehicles, such as travel trailers, campers, motor homes, house trailers, boat trailers and ATV and motorcycle trailers owned or used by a resident shall be prohibited anywhere in the MFATWFH District, unless parked within a garage or the parking area dedicated to the storage of recreational vehicles.
The parking of commercial vehicles owned or used by a resident shall be prohibited on-site in non-garaged spaces.
Any area of land set aside for the purpose of parking and/or storage of recreational vehicles and/or accessories shall be considered open space for the purposes of this ordinance.
3.
Unless otherwise permitted herein, no off-street parking space shall be located within 35 feet of any tract boundary.
The minimum parking lot setback from a tract boundary may be reduced to 25 feet where a six-foot high decorative fence is installed along the property boundary and supplemented by deciduous and evergreen plantings.
4.
Individual off-street parking spaces shall measure at least nine feet in width and 180 square feet in area, except that where a two-foot overhang can be provided, the parking space shall measure at least nine feet in width and 162 square feet in area. On-street parking can be provided with parallel stalls, as long as parallel stalls measure no less than eight feet in width and 23 feet in length. All off-street parking aisles shall provide a minimum width of 24 feet. Stacked or tandem, parking arrangements are prohibited.
5.
All roads and parking areas shall be paved and be in conformance with the current New Jersey Residential Site Improvement Standards.
6.
Driveways provided on lots that contain patio homes shall be not located within five feet of a side property line. In addition, driveways on lots with patio homes shall be at least 20 feet long so that parked cars do not encroach in the road right-of-way.
7.
Driveways for stacked townhome units shall be at least 20 feet long so that parked cars do not encroach into the sidewalk area.
B.
Circulation.
1.
Any development in the MFATWFH District shall provide collector road access to Manunkachunk Road and emergency road access to Wurts Avenue.
2.
A single entrance access drive shall be permitted from Manunkachunk Road and such road shall be designed where required by the Planning Board as a boulevard access road with a landscaped median strip separating egress and ingress lanes.
3.
The design of the MFATWFH District development shall be pedestrian friendly with traffic calming techniques utilized at crosswalks and intersections. Sidewalks shall be provided within streets and parking areas in accordance with the NJRSIS.
4.
All site plans for development within any MFATWFH District shall be accompanied by a circulation plan, which identifies all vehicular roadways as collector roads, local roads or driveways. The circulation plan shall meet the following:
(a)
Roads shall be designed in accordance with NJRSIS.
5.
All roads, driveways, parking area, sidewalks, curbing and related improvements shall be constructed in accordance with the NJRSIS. Unless specifically waived by the Board, sidewalks shall be four feet wide and shall be constructed of concrete or other approved material. No bituminous concrete sidewalks are permitted. Concrete or Belgian block curbs shall separate all grass and paved areas.
6.
Sidewalks shall be required to connect each flat unit building entrance to all parking areas, recreation areas and other sidewalks, paths and trails on the site to provide an interconnected pedestrian circulation system.
7.
Off-tract sidewalk connections shall be required to connect the MFATWFH District sidewalks to those on Market Street, Manunkachunk Road, and other municipal streets that abut the tract within existing street right-of-ways where feasible and practical. The location and design of off-tract sidewalks is subject to Board review.
8.
On-site recreational facilities, parking areas, sidewalks, and stormwater management facilities shall be privately owned and shall not be owned or maintained by the Town of Belvidere. Roadways within the development may be dedicated to and be maintained by the Town of Belvidere following the completion of construction and acceptance by the Town if found to be in compliance with the requirements in the NJRSIS by the Planning Board.
C.
Protection of natural environmental site features.
1.
Any development shall strive to maintain the existing topographic contour and vegetation on-site. Unless otherwise permitted herein, steep slope areas over 15% shall be protected and the area deed restricted for conservation purposes. This conservation deed restriction boundary shall extend five feet beyond the limits of the 15% or greater slopes.
2.
All disturbed portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaping, fencing, shrubbery, lawn areas, ground cover, rock formations, and similar elements to either maintain or reestablish the vegetation setting of the areas and to lessen the visual impact of structures and paved areas.
D.
Building design.
1.
The MFATWFH development shall be conceived, designed and approved as a single entity that shall be planned and developed with a common architectural theme. The architectural theme shall include the appearance of buildings, signage, fencing, lighting, paving, curbing, walkways and landscaping in the development.
2.
Architecture shall be designed to reflect the architectural style and elements of the residential buildings in the Town of Belvidere.
3.
All building materials and colors used on the exterior of a building shall be compatible with the overall design. Textured vinyl, cement siding materials (if they appear similar to clapboard or split batten boards) and brick are permitted; however, aluminum siding, concrete block and other similar materials are prohibited.
4.
Building colors should be natural earth tones or utilize historic paint color with accent colors, such as Benjamin Moore Historic Color Collection. Glaring high intensity colors shall be prohibited. The building colors should include a base color, complementary trim colors, and accent colors.
5.
Variations in roofline and building height shall be used to define the individual buildings. Roof offsets, dormers and gables are encouraged. Roofs are encouraged to extend over the building wall up to 18 inches. Flat roofs are prohibited.
6.
The architectural treatment of the front facade of all flat buildings should continue the major-features around all visible exposed sides of a building consistent in style, materials, colors and details. Windows shall have a vertical orientation and alignment.
7.
Flat buildings shall be located to allow for adequate fire and emergency access.
8.
No flat or townhome structure shall be more than 290 feet in length. Within that distance, the facade shall contain breaks with at least a two-foot offset or other treatments to aesthetically interrupt the facade wall.
9.
Rooftop elements (HVAC, mechanical appurtenances, and satellite dishes and other telecommunication receiving devices) shall not be visible from public right-of-ways.
10.
Each dwelling unit shall have access to at least 250 cubic feet of storage area. The minimum storage space requirements can either be met within each dwelling unit or by the construction of communal storage space.
11.
Patio homes on the same or opposite side of a street within 150 feet of a dwelling then in existence or for which a building permit has been issued or is pending must be substantially different. Patio homes within such specified distance from each other must differ in four of the following six criteria to be deemed "substantially different":
(a)
The relative location of a garage, if attached, if any, or any such structural appurtenance with respect to the residential unit itself.
(b)
The relative location, size or type of windows and doors.
(c)
The height of the residential unit. The height, for the purposes of this subsection, shall mean the vertical distance from the finished grade level to the uppermost point of the roof surface.
(d)
The type or pitch of roof.
(e)
The type or design of the siding material on the front and at least one other face or elevation of the residential unit.
(f)
The type or design of the roofing material, or the color or pattern thereof.
12.
In addition to the requirements in subsection L above, there shall be no less than five basic house designs for the patio homes.
E.
Natural features and landscaping.
1.
Any development within the MFATWFH District shall meet the following minimum landscaping requirements in this section.
2.
Landscaping shall be required in accordance with a plan conceived for the site as a whole. All areas of the property not occupied by buildings, parking lots, and other improvements or in an area restricted for conservation purposes shall be planted with tree, shrubs, hedges, ground covers and/or grasses. Perennials and annuals are encouraged. Landscaping shall be integrated with other functional and ornamental site design elements.
3.
The landscape plantings shall be complementary to the building and accentuate important features. Plants should be chosen for year-round interest including color, flowers, fruit, bark interest or branching patterns. Hardy native plants should be used where possible. Plant materials should be selected to provide variety considering height texture and color.
4.
Parking areas and driveways in areas where flat units are proposed shall be suitably landscaped for aesthetic and screening purposes. Parking areas shall provide one shade tree within the permitted curbing of the parking area for each 20 parking spaces.
5.
Building entrances and courtyard areas where flat or townhouse or stacked townhouse units are developed, as well as all parkland and recreation areas and common areas, shall be landscaped with a variety of deciduous, evergreen, and ornamental plantings, along with flower gardens and other ornamental details. Plantings along building foundations shall be located within planting beds that contain hardscape or other fire-retardant materials.
6.
Street trees, a minimum of two to 2 1/2 inch caliper at the time of planting, shall be planted along both sides all streets. The bottom branches should be trimmed to a minimum of eight feet from the ground to allow pedestrian passage. Tree spacing shall be generally 50 feet apart with variation for driveways, lighting and other streetscape impediments.
7.
Landscape plans shall be prepared by a certified landscape architect or certified professional in the field.
F.
Lighting.
1.
Any development within the MFATWFH District shall meet the following minimum lighting requirements:
(a)
The light fixtures, including pole mounted fixtures and wall mounted fixtures, used on the project shall complement project architecture and shall be used throughout the project.
(b)
Site lighting on all roadways shall be provided at locations reasonably acceptable to the Planning Board. The minimum illumination level at roadway intersections shall be five-tenths footcandles. The maximum height of a streetlight pole in roadways shall be 20 feet not including the light fixture.
(c)
Site lighting shall provide a minimum illumination of five-tenths footcandle along the driveways and within intersections and three-tenths footcandle throughout all parking areas and along pathways and trails where flat units are situated. No streetlight fixture pole shall exceed 20 feet in height not including the light fixture.
(d)
All lighting and other utility wiring shall be located underground.
(e)
All site lighting shall be of a type and style approved by the Board. Said lighting shall provide a fully recessed lighting source and be appropriately shielded from glare. House side shields must be provided where abutting a residential use. Low-pressure sodium, fluorescent, or mercury vapor lighting, either attached to the exterior of a building, facade or to light the exterior of the building, is prohibited.
(f)
Wall mounted decorative lighting utilized on the project must be compatible with the architectural style of the flat building.
G.
Trash areas.
1.
Adequate trash and garbage pick-up stations, where flat units are proposed, including provisions for recyclable materials collection shall be provided within a totally enclosed container located in a manner to be obscured from view by a fence, wall, planting or combination of the three.
2.
Heavy duty, solid gates of metal or wood framed with metal shall be used to screen openings around trash and service areas where flat units are proposed. Chain link fencing including use of wood or plastic slats and wood stockade fencing is prohibited for screening of trash and service areas.
H.
Development signs.
1.
One development identification sign with two sign faces is permitted for development in the MFATWFH District. The sign shall be shown on the site plan in a location reasonably acceptable to the Planning Board. The maximum area of the development identification sign per sign face shall be 75 square feet. The maximum height shall be six feet. The sign shall be located so as not to obstruct sight distance for motorists on adjacent roadways.
2.
On-site directional and parking and warning signs are permitted in the MFATWFH District. No individual sign for such purposes shall exceed six square feet unless otherwise approved by the Board.
I.
Phasing.
1.
The development of property in the MFATWFH District is permitted to be phased subject to approval of the Planning Board.
2.
The redeveloper shall have the right, following the receipt of initial approvals, to further subdivide areas where flat or townhouse and/or stacked townhouse units are proposed or where common areas or open space is proposed subject to approval of the Planning Board and subject to execution of one or more reciprocal easement agreements and/or other appropriate documents regarding access, maintenance, and adherence to rules, regulations, ordinances, statutes, and/or applicable laws. Subdivisions for the purposes outlined in this section shall be considered minor subdivisions.
J.
Redevelopment zone benefits. Any development within the MFATWFH District shall be entitled to the benefit of all local, county, State and federal rules, regulations, and/or guidelines applicable to the development and/or improvement or property designed as an "Area in Need of Redevelopment" or a "Redevelopment Area".
K.
Maintenance of common areas. The redeveloper shall establish homeowners' associations and/or condominium associations as part of the project for the purpose of owning and assuming maintenance responsibilities for the common open space and common property established within the development. The homeowners' association and/or condominium association shall be established prior to the issuance of the first certificate of occupancy for a residential unit in the project.