Englishtown City Zoning Code
§ 620-14
R-APD Residential, Affordable Planned Development Overlay Zone.
[Amended 8-14-2002 by Ord. No. 02-08; 3-12-2003 by Ord. No. 03-06]
The following regulations shall apply in the Residential, Affordable Planned Development Overlay Zone:
A.
Permitted uses.
(1)
Planned residential development, including townhouses and flats in structures intended for residential occupancy by more that one family and divided into dwelling units developed in accordance with the standards set forth in this section.
(2)
Any other uses permitted by ordinance for the C-2 or CON Zone.
(3)
One accessory maintenance building per development.
(4)
A playground.
B.
Area, yard and building requirement.
(1)
Minimum contiguous lot area: 10 acres.
(2)
Maximum gross density: five dwelling units per acre.
(3)
Minimum lot frontage: 200 feet.
(4)
Minimum lot depth: 700 feet.
(5)
Minimum building setback from tract boundary: 20 feet; this distance may be reduced to 18 feet where screening is provided to the satisfaction of the approving board.
(6)
Minimum setback from tract boundary to a first floor residential deck:
(a)
Front lot line: 40 feet; this distance may be reduced to 35 feet where screening is provided to the satisfaction of the approving board.
(b)
Side lot line: 20 feet; this distance may be reduced to 18 feet where screening is provided to the satisfaction of the approving board.
(c)
Rear lot line: 35 feet.
(7)
Minimum setback from tract boundary to common parking area: five feet.
(8)
Minimum required open space: 50%.
(9)
Maximum building coverage: 15%.
(10)
Maximum impervious surface coverage: 35%.
(13)
Maximum number of dwelling units permitted in a development: 40 units.
C.
Low- and moderate-income housing requirements.
(1)
Seventeen and one-half percent of the total number of dwelling units in the planned development shall be affordable to low- and moderate-income households. In calculating the required number of units, fractions less than 0.5 shall be rounded down to the nearest whole number and fractions greater than or equal to 0.5 shall be rounded up to the nearest whole number. At least half of the affordable units shall be designated for low-income as opposed to moderate-income households. Designated affordable units shall be limited to occupancy only by low- and moderate-income households and shall be subject to the pricing, occupancy, and affordability controls established by the rules and regulations of the New Jersey Council on Affordable Housing and Chapter 200, Affordable Housing, of the Code of the Borough of Englishtown.
(2)
Low- and moderate-income dwelling units shall be constructed in the same structures as market-priced units and shall be distributed among the market units.
(3)
Construction of the low- and moderate-income housing units shall be phased as follows:
Minimum Percent of Low-/Moderate-Income Units Required to be Completed | Maximum Percent of Market Units Permitted to be Completed |
|---|---|
0% | 25% |
10% | 25% + 1 unit |
50% | 50% |
75% | 75% |
100% | 90% |
100% |
(4)
The development shall provide an affordable housing plan for the low- and moderate-income units, which plan shall be subject to the approval of the Borough Council. The plan shall be drawn in compliance with the rules and regulations of the New Jersey Council on Affordable Housing and Chapter 200, Affordable Housing, of the Code of the Borough of Englishtown.
D.
Site design standards. Development design should adhere to the following site design standards within the development to control the minimum building spacing and sizes of dwelling units and the maximum number of dwelling units within a building. Decks or porches shall not encroach into the minimum spaces set forth below.
(1)
The spacing of residential buildings in the R-APD Zone shall adhere to the following minimums:
(2)
There shall be no more than 14 dwelling units in a building. No principal building when viewed from any elevation shall be greater than 180 feet in length.
(3)
A minimum of 120 cubic feet of enclosed, ground-floor-accessible, private, lockable storage space shall be provided for each unit; such storage space may be included within a garage or may be located in a storage shed or closet within, or affixed to and extending not more than four feet from, any rear building wall that does not face a front lot line.
(4)
A landscaping plan shall be submitted which shall be satisfactory to the approving board and designed to provide a visual buffer of the development from adjacent properties and from the public road. In areas too narrow for a vegetated buffer, fencing as approved by the board may be substituted for landscaping.
(5)
Architectural elevation drawings and/or renderings of the proposed development shall be submitted, specifying the materials and colors to be used. It is recommended that the development use traditional residential architectural forms found in the Borough of Englishtown, including gabled or hipped roofs, and that the structures utilize siding having the appearance of traditional materials, such as clapboard, shingle, brick or stone. Vinyl or other synthetic siding that achieves this objective is acceptable. Neutral colors should be selected for siding and roofing materials.
E.
Circulation and parking design requirements.
(1)
Streets within the development shall be constructed in accordance with the residential site improvement standards.
(2)
Parking shall be provided in accordance with the residential site improvements standards.
(3)
Where a garage and driveway combination is proposed to satisfy the off-street parking requirement for a dwelling, the conversion of the garage to other uses shall be prohibited, and such prohibition shall run with the land as a restrictive covenant to be approved by the Borough and recorded with the deed.
F.
Requirement for sewer and water. Each dwelling unit shall be properly connected with an approved and functioning public sanitary sewer system and community water system.
G.
Requirements for fences, sheds, decks, and swimming pools.
(1)
Private swimming pools shall be prohibited.
(2)
Fences shall not be permitted in front of a dwelling unit.
(3)
Fences shall be permitted as privacy screens in the rear yards of dwelling units or for decks, provided that a standard detail for such fencing has been approved as part of the site plan.
(4)
Decks are permitted on individual dwelling units, provided that a standard detail of the deck design has been submitted and approved as part of the site plan.
H.
Requirement for open space. For the purposes of this section, the term "open space" shall be as defined in the Municipal Land Use Law (N.J.S.A. 40:55D-5) and shall mean that 50% of the gross tract area required at § 620-14B(8) which may include wetlands and other environmentally sensitive areas. The required open space and any additional wetlands and wetlands transition areas that will remain on the site after its development shall be deed-restricted as common open space and shall be owned and maintained by an appropriate entity as provided by statute. The provisions of N.J.S.A. 40:55D-43 shall apply to all designated common open space within the development.
I.
Conflicts; other standards. In case of a conflict between the standards in this section and those of any other section of this chapter or of any other ordinance in the Borough of Englishtown, the standards in this section shall prevail. Any conflicting ordinance standards shall not apply to development in the R-APD Overlay Zone or shall be waived wherever such standards would interfere with the provision of 33 market-priced dwelling units and/or the seven affordable dwelling units (40 total units) specified herein.