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Lafayette City Zoning Code

§ 13-8B.1

Purpose.

[Ord. No. 2016-16 § 1]
a. 
The purpose of the AH-2/LC Residential Affordable Housing/Commercial District (the AH-2/LC District) is to provide a realistic opportunity for the construction of affordable housing as part of a comprehensively planned housing development with a mixed use development option in response to Lafayette Township's affordable third round housing obligation. In addition, the AH-2/LC District recognizes previously approved commercial development within a portion of the District, the development of which is dependent upon sufficient water and wastewater infrastructure that must be provided. The AH-2/LC District is a component of LafayetteTownship's Housing Element and Fair Share Plan for the third round. Residential development in the AH-2/LC shall comply with the regulations of this chapter governing affordable housing, § 12-20, the Uniform Housing Affordability Controls [N.J.A.C. 5:80-26.1 et seq. (U.H.A.C.)], the NJ Fair Housing Act, and applicable regulations of the State of New Jersey governing affordable housing.
b. 
The AH-2/LC District provides two separate and distinct development areas including (1) the AH-2 portion of the AH-2/LC District within which inclusionary residential development of a maximum 150 townhouses shall be permitted which shall include a 15% set aside of 23 affordable units, which may be provided in the form of stacked flat apartments; and (2) the LC portion of the AH-2/LC District within which up to 65,000 sq. ft. of commercial development shall be permitted. The two development areas are intended to be separate and distinct but may share infrastructure, such as sidewalks, wastewater disposal and potable water, but specifically not including access roads connecting the AH-2 and LC Zones such that there shall be no means for cut-through traffic between Sunset Inn Road and State Highway 15 and 94. These two development areas are delineated on the attached map entitled "AH-2/LC — Residential Affordable Housing/Limited Commercial District, Township of Lafayette," dated July 2016.
1. 
AH-2 Portion of District. The AH-2 portion of the AH-2/LC District includes two separate upland areas that may accommodate residential townhouse and affordable housing development, including one primary upland area proximate and adjacent to NJ Route 94 on the northerly side of the District; and a secondary upland area located to the south and west of the primary upland. These two areas are separated by wetland and transition area environmental constraints. This condition results in the need for a separate future residential access road to extend from the vicinity of Sunset Inn Road into the secondary upland area for access to residential townhouses that may be constructed within this area.
2. 
LC Portion of District. The LC portion of the AH-2/LC District is reserved for commercial development for a wide variety of retail commercial uses. This area shall be effectively separated from all dwelling units by design and through the use of buffering to effectively screen the view of the commercial development from residential uses. There shall be no commercial traffic circulation or roadway interconnection with roadways serving the residential units.
c. 
All development in the AH-2/LC District shall either be served by:
1. 
A centralized sewer collection system to be extended to the site; or
2. 
An on-site wastewater collection and treatment system within the AH-2/LC District.
The Township of Lafayette assumes no responsibility for an approval to extend wastewater collection facilities to the District except to cooperate with the developer's efforts for approval of same, such as by providing a resolution of support for the developer's application to the NJDEP that may be required as part of an amendment to the Lafayette Township Chapter of the Sussex County Wastewater Management Plan to extend sewer collection lines to the District.
The capacity of an on-site wastewater collection and treatment system is subject to negotiation with the Township Committee. Only upon execution of a development agreement with the Township Committee shall the Land Use Board approve development within the AH-2/LC District, provided that (1) the on-site collection and treatment system complies with all applicable NJDEP regulations, and (2) the Land Use Board finds that the proposed development complies with the development requirements and standards in Lafayette Township's ordinances for subdivision and or site plan approval. The Land Use Board's approval shall be conditioned upon the posting of a sufficient performance guarantee for the construction and maintenance of an on-site wastewater treatment system.
d. 
Prior to any development approval within the AH-2/LC District, an applicant shall demonstrate that an adequate water supply is provided for which sufficient performance guarantees shall be required for the construction and maintenance of water supply to the development.