Lincoln Park City Zoning Code
ARTICLE VII
Townhouse/Adult Community Housing Set-Aside Zone
§ 28-7.1 Purpose.
[Amended 12-7-2020 by Ord. No. 12-20, effective 12-28-2020]
The purpose of the TH/ACHS Zone is to provide for and encourage the construction of very-low-, low- and moderate-income age-restricted housing within the immediate proximity of the central business district by permitting market-rate townhouse development conditioned upon agreement to set aside at least 20% of the units built for such age-restricted, affordable housing purposes.
§ 28-7.2 Permitted uses.
[Amended 12-7-2020 by Ord. No. 12-20, effective 12-28-2020]
A.
Within this zone, 20% of the dwelling units constructed shall be set aside for lease or purchase by age-restricted very-low-, low- and moderate-income households as those terms are defined in Article XIX, of Chapter 17, Land Development Review.
(1)
(2)
All units in this TH/ACHS Zone shall be occupied by at least one person 55 years of age or older and shall not be occupied by persons under 19 years of age, with an exception provided solely in the circumstance in which a resident who is 55 years of age or older, because of a disability, requires that a caregiver or attendant who is under 19 years of age reside in the unit.
B.
Accessory uses are permitted as follows:
(1)
Common open space, including community buildings and recreational facilities.
(2)
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)
Directional signs to identify parking areas, rental offices, recreation areas, entrances and exits, which signs shall not exceed two square feet in surface area.
§ 28-7.3 Density and bulk requirements.
A.
Density shall not exceed 10 dwelling units per acre and the minimum lot area shall be 15 contiguous acres.
B.
There shall be a minimum frontage of 50 feet upon an accepted public street improved to the standards of the street specifications of the Borough.
C.
There shall be a minimum distance between buildings of 30 feet.
D.
The maximum height of any building or structure shall be 35 feet.
F.
The maximum coverage of the site by all buildings shall not exceed 30% and the maximum impervious surface shall not exceed 60%.
G.
The building setback from any perimeter property line shall not be less than 50 feet.
H.
The front and rear yard setback from any roadway curb shall not be less than 25 feet and the side yard distance from any roadway shall not be less than 10 feet.
I.
Accessory buildings shall comply in all respects with the bulk requirements set forth in this section.
§ 28-7.4 Parking requirements.
A.
There shall be off-street parking facilities for at least two automobiles for each dwelling unit. There shall also be provisions for visitor parking to be approved by the municipal agency. Each parking space shall measure at least nine feet by 20 feet. Off-street parking spaces may be covered or uncovered, attached or adjacent to each dwelling unit or separate or any combination of the above.
[Amended 10-7-2019 by Ord. No. 11-19, effective 10-28-2019]
B.
Any parking area for three or more automobiles shall be at least 25 feet from the front or rear wall of any dwelling unit and at least 10 feet from the side or end wall of any single or group of dwelling units.
C.
There shall be no parking within 25 feet of the perimeter property lines; however, no parking shall be permitted within 50 feet of an existing public right-of-way except on a driveway serving an individual townhouse unit.
D.
Parking area shall be paved and curbed and provided with adequate stormwater drainage.
E.
Each dwelling unit shall be assigned at least one designated parking space either in a garage or in a parking area.
§ 28-7.5 Streets and sidewalks.
A.
Any new public street, private interior road or driveway shall be constructed so as to intersect any existing or proposed public street at least 100 feet from any existing or proposed intersection. If, in the opinion of the municipal agency, a proposed intersection would create a special hazard because of road alignment, topographic conditions or existing or projected traffic conditions or other conditions, the agency may require such proposed intersection to be located up to 200 feet from any such other intersection.
B.
Each development shall be provided with at least two means of access one of which may be an approved emergency access roadway.
C.
Streets which are to be dedicated as public streets shall conform to the Borough standards as to right-of-way and pavement width and construction. All dedicated streets shall be curbed as per Borough specifications.
D.
Private interior roads shall have a right-of-way width equal to 133% of the roadway pavement width, which shall be 24 feet for two-way traffic and 22 feet for one-way. Private interior roads shall be curbed and constructed to Borough specifications for public roads.
E.
The grades of sidewalks, driveways and roads shall not exceed 6%. Minor exceptions may be made to the grade requirements by the municipal agency in exceptional circumstances.
F.
Sidewalks of at least four feet in width shall be provided in suitable locations, including entrances and exits to the development or wherever normal pedestrian traffic will occur, to accommodate the development's pedestrian flow. Special consideration shall be given to provide pedestrian access to the central business district.
§ 28-7.6 Open space organization.
It is the intent of the zone plan that all TH/ACHS development shall be designed and maintained as private developments. Subject to the provisions of N.J.S.A. 40:67-23.2, the developer shall comply with the provisions of Chapter 17, Land Development Review, § 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, garbage collection, lighting and other common space services, such as snow and ice removal, shall be provided by the owner so as to maintain adequate, convenient and safe use of the project.
§ 28-7.7 Building standards.
A.
The minimum width of any dwelling unit shall be 18 feet.
B.
The maximum size of any dwelling building containing townhouses, flats or a combination thereof shall be eight dwelling units per floor. When a dwelling unit occupies more than one floor, the part of each floor shall be counted as a separate dwelling unit for the purposes of computing the number of dwelling units per floor.
C.
Each building shall contain an enclosed, lockable storage space for each unit, exclusive of closets. Such storage space shall be at least 60 square feet in area and six feet in height and shall be provided within the unit or in a common area such as a basement or cellar.
D.
Built-in air-conditioning units shall not project more than two inches from the outside face of the wall.
E.
Each dwelling unit shall have at least two exterior exposures, each of which shall be provided with windows, doors or a combination thereof so as to provide cross or through ventilation for such unit.
F.
The following special considerations shall be observed for the ACH set-aside units:
(1)
The size and arrangement of bathrooms and fixtures therein shall be adequate for the convenient use of the occupant. The floor finish shall be impervious to water, have nonslip characteristics and slope toward the center away from the door. The threshold of the bathroom shall be flush with the floor. All plumbing fixtures, accessories and trim shall be selected for and provide the maximum safety, convenience and aid for the occupants. Grab bars shall be provided beside toilets and in bathtubs and/or shower stalls. Shower stalls will include a built-in seat or a bench or sufficient space for a bath stool.
(2)
Emergency buzzers which also unlock the front door should be installed in the bathroom and next to the bed.
(3)
Handicap ramps shall be provided at the entrances of all set-aside units for access.
§ 28-7.8 Landscaping, buffer areas and lighting.
A.
The developer shall furnish, along with the plans and specifications required under Chapter 17, Land Development Review, of the Code of the Borough of Lincoln Park, landscaping plans drawn by a licensed landscape architect which shall include plans for lighting the grounds, roads, drives, walks, parking areas and building entrances of the development. Plans shall show separately the existing contours, drainage areas, streams, wooded areas, and any other natural features of the land before 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 1/2 footcandle at any property line where adjacent property is residentially zoned.
C.
Any development shall be provided with liberal and functional landscaping schemes. Roads and pedestrian walks shall be provided with shade trees which are a minimum size and character in accordance with the reasonable recommendations of the Shade Tree Committee of the Borough of Lincoln Park and Article VIII, § 17-8.3, of Chapter 17, Land Development Review. The owner shall be required to maintain all plantings so that they do not grow higher than any windowsill so as to obstruct view from the window.
D.
Open space adjacent to buildings, malls 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 or be planted with trees and shrubs or any combination thereof. Areas not used for buildings, terraces, drives and parking spaces shall be seeded and landscaped and shall be maintained in a proper condition.
E.
Screening or buffers consisting of planting strips and fences shall be required around outdoor utilities and around any other similar areas, along property lines of adjacent properties and around all parking areas in order to shield occupants and adjoining properties from such unsightly, disturbing or light glaring areas. Such screening or buffers shall be installed by the owner and shall consist of a solid evergreen hedge at least five feet tall at planting or earth berm and smaller plantings totaling five feet in height.
F.
There shall be a buffer strip of at least 25 feet in width on all lot lines adjoining zone district lines and on all lot lines adjoining existing improved residential property. No buffer shall be required where such lot line borders a public street. All such buffer strips, if wooded, shall remain in their natural state or otherwise planted with a landscaped visual screen at least six feet in height.
§ 28-7.9 Outdoor recreation.
The developer shall provide appropriate active and passive outdoor recreation areas and facilities. Handicap ramps shall be provided for access to all such areas and facilities as needed. All active recreation areas shall maintain the building setback requirements.
§ 28-7.10 Utilities and garbage disposal.
A.
Garbage collection shall be accomplished by individual unit pickup, and garbage disposal through the use of dumpsters is prohibited.
B.
Every dwelling unit shall be provided with public water and public sewer which shall be installed by and at the expense of the developer.
C.
All utilities shall be installed underground.
D.
Streetlighting on public and private streets shall be in accordance with the specifications in the Borough ordinance. Additional lighting shall be provided as necessary to minimize hazards to pedestrians and motor vehicles in parking areas near dwelling entrances and along sidewalks.[1]
E.
Television antenna equipment shall be built into the building or provided by means of a common antenna tower, provided that such tower receives all required municipal approvals.