Mansfield City Zoning Code
ARTICLE XVIIIC
R-6 Residence District
§ 65-86.35 Purpose.
The purpose of the R-6 Residence District is to provide for inclusionary development that is intended to assist the Township of Mansfield in satisfying a portion of its fair share housing obligation.
§ 65-86.36 Description of zone boundary.
The boundary of the R-6 Residence District shall encompass the property identified as Block 42, Lots 1 and 2.02, which shall hereafter be referred to as the "tract." The district boundary shall extend to the center line of the mapped rights-of-way contiguous to the tract. The municipal Zoning Map[1] is hereby amended to reflect same.
§ 65-86.37 General provisions.
A.
Except as may be expressly provided and elsewhere in this article, the development regulations set forth in this article shall apply to the tract as a whole, not to individual lots which may be created therein.
B.
Affordable housing. The affordable housing requirements are based on the number of affordable housing units required for the Township to meet its constitutional affordable housing obligation. Twenty percent of the total number of units will be deed restricted for low- and moderate-income family rental housing ("affordable units"); however, the remaining balance of the housing units will not be deed restricted for low- and moderate-income housing ("market units"). None of the affordable units or market rate units will be age-restricted housing. The affordable units must include 13% very-low-income housing units.
C.
The tract will be developed in two phases, as shown on the settlement/concept plan map produced by FWH Associates, P.A., dated 1/27/2021, and included as Exhibit A.[1]
(1)
The application for, and requested approval of, the first phase of the development of the tract will be limited to a maximum of 340 residential housing units, 272 market units and 68 affordable units. The actual application that is submitted to the Mansfield Planning Board may consist of a product mix of non-age-restricted dwellings, including, single-family and multifamily market units, as well as the required affordable units and will comply with the provisions of this article. The actual approved number of units will be subject to Planning Board review and approval based on the application conforming to the current Township checklist and application forms and will be designed in accordance with the Residential Site Improvement Standards (RSIS).[2]
[2]
Editor's Note: See N.J.A.C. 5:21.
(2)
The application for, and requested approval of, the second phase of the development of the tract will be determined by the number of affordable housing units required for the Township to comply with its constitutional obligation to provide a realistic opportunity for affordable housing in Round Four commencing on July 1, 2025. At such time as the Township's Round Four affordable housing obligation is determined either by way of court order, stipulation, or settlement with affordable housing advocates, including the Fair Share Housing Center, but in no event later than July 1, 2025, the maximum number of units for Phase 2 of the project will be finalized, in accordance with the following provisions. In the event that the Township's Round Four affordable housing obligation will not be determined by way of court order, stipulation, or settlement by July 1, 2025, the maximum number of units for Phase 2 of the project shall be reasonably determined and finalized by the Township Planner by July 1, 2025.
(3)
The Township's Round Four affordable housing obligations shall foremost be satisfied with the construction of units from Phase 2 of the property. In other words, if the Township's Round Four obligations can be fully satisfied by the remaining density available for the property, the Township shall not consider other sites for the development of affordable housing units. Developer shall be entitled to develop 100 total units in Phase 2 (80 market units and 20 affordable units) for every 20 units of affordable housing required to be provided by the Township in Round Four. For example, i) if the Township is required to provide 40 units of affordable housing in Round Four, developer shall be entitled to develop 200 total units in Phase 2 (160 market units and 40 affordable units); ii) if the Township is required to provide 60 units of affordable housing in Round Four, developer shall be entitled to develop 300 total units, (240 market units and 60 affordable units) in Phase 2; iii) if the Township is required to provide 80 units of affordable housing in Round Four, developer shall be entitled to develop 400 total units in Phase 2 (320 market units and 80 affordable units), iv) and so on, up to an anticipated maximum total of 452 total units (362 market units and 90 affordable units) in Phase 2, depending on applicable site constraints.
(4)
Notwithstanding anything herein to the contrary, if the Township is required to provide 19 units or less (or none) of affordable housing in Round Four, developer shall be entitled to develop 80 market units in Phase 2, plus the required number of affordable units, if any. Developer may construct additional units on the property up to the maximum amount permitted herein pursuant to Subsection C(3) above.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
D.
Open space. A minimum of 25% of the tract shall be dedicated as open space per N.J.S.A. 40:55D-43. This open space may include freshwater wetlands and required buffer areas outside the developed portions of the tract, but shall not include stormwater management facilities and other green spaces within the developed portions of the tract, such as community lawns and landscaped areas, parking islands, and roadside buffering.
E.
The tract shall be permitted to be subdivided into one or more lots, and one or more buildings or uses shall be permitted on a single lot. The tract shall be constructed in two or more phases, as set forth in Subsection C, above.
F.
The regulations set forth in this article shall supersede all other provisions of the Township Zoning Ordinance, unless otherwise stipulated herein. The provisions of § 65-4F, Conflict with other regulations, shall not apply to this tract.
G.
The land use administration and procedural regulations of the Township of Mansfield Code shall remain in full force and in effect.
H.
Nothing in this article shall contravene the statutory requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (the "MLUL").
§ 65-86.38 Use regulations.
A. AGE-RESTRICTED HOUSING DWELLING UNIT MULTIFAMILY BUILDING PRIVATE STREET PUBLIC STREET RENEWABLE ENERGY FACILITY TOWNHOUSE
Definitions. As used in this article, the following terms shall have the meanings indicated:
Housing that is designed to meet the needs of, and is exclusively for, an age-restricted segment of the population such that at least 80% of the units are occupied by one person that is 55 years or older in accordance with the Housing for Older Persons Act of 1995 (HOPA), 42 U.S.C. § 3601 et seq.; or the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
A unit intended for residential use.
A building designed for three or more dwelling units within one building. Acceptable unit types from a multifamily building include, but are not limited to, stacked single or multistory units and townhouse units on a single tax lot.
Any road or street not dedicated to and accepted by the Township as a public street.
A street or road constructed to municipal standards pursuant to RSIS[1] that is dedicated to and accepted by the Township as a public street.
A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy. [N.J.S.A. 40:55D-66.11]
A building that has no more than 10 dwelling units erected in a row as a single building, each being separate from the adjoining unit or units by an approved masonry, party or partition wall or walls, thus creating distinct and noncommunicating dwelling units, such units intended for separate ownership or rental. Each townhouse may be on its own individual lot. Townhouses may be stacked.
[1]
Editor's Note: See N.J.A.C. 5:21.
B.
Permitted principal uses.
C.
Permitted accessory uses and structures.
(1)
Clubhouses, community swimming pools (specifically excluding the requirements of § 65-91), and community buildings ancillary to a principal use.
(2)
Recreational facilities ancillary to a principal use (indoor and/or outdoor).
(3)
Patios, decks, sheds, terraces, or balconies ancillary to a principal use.
(4)
Parking facilities and garages, either surface (open air) or enclosed.
(5)
Management offices ancillary to a principal use (indoor and/or outdoor).
D.
Conditional uses: none.
§ 65-86.39 Area and bulk requirements.
A.
Tract density for dwelling units: Four dwelling units per gross acre. A maximum of 792 homes will be constructed on the tract, subject to applicable site constraints.
B.
Bulk requirements for single-family detached dwelling units.
Requirement | Dimension |
|---|---|
Lot | |
Minimum lot area | 6,000 square feet |
Minimum lot frontage at street ROW line | 30 feet |
Minimum lot width at front yard setback line | 50 feet |
Minimum lot coverage | 60% |
Principal building | |
Minimum front yard setback | 20 feet |
Minimum rear yard setback, w/o decks/patios | 20 feet |
Minimum one side yard setback | 5 feet |
Minimum combined side yard setback | 15 feet |
Maximum height | 2.5 stories/35 feet |
Accessory building and deck/patio | |
Minimum side and rear yard setback | 5 feet |
Maximum height | 1 story/15 feet |
C.
Bulk requirements for townhouses.
Requirement | Dimension |
|---|---|
Lot | |
Minimum lot area | 1,800 square feet |
Minimum lot frontage at street ROW line | 22 feet |
Minimum lot width at front yard setback line | 22 feet |
Principal building | |
Minimum front yard setback | 20 feet |
Minimum rear yard setback | 15 feet |
Minimum side yard setback | 0 feet |
Minimum building to building setback | 25 feet |
Minimum deck side yard setback | 0 feet |
Minimum deck rear yard setback | 7 feet |
Maximum height | 3 stories/35 feet |
Maximum dwellings per building | 10 feet |
Accessory building and deck/patio | |
Minimum side yard setback | 0 feet |
Minimum rear yard setback | 7 feet |
Maximum height | 1 story/16 feet |
D.
Bulk requirements for multifamily buildings.
Requirement | Dimension |
|---|---|
Minimum principal building to principal building setback | 40 feet |
Minimum accessory building side and rear yard setback | 5 feet |
Maximum principal building height | 3.5 stories/45 feet |
Maximum accessory building height | 1 story/15 feet |
Maximum lot coverage | 90% |
Maximum dwellings per building | 36 |
E.
Bulk requirements for renewable energy facilities; open space; farming; central sewage facilities; and central water storage, pumping, treatment, and conveyance facilities.
Requirement | Dimension |
|---|---|
Maximum principal building height | 1 story/18 feet |
Maximum accessory building height | 1 story/18 feet |
Maximum lot coverage | 90% |
§ 65-86.40 General regulations.
B.
Refuse and recycling. All refuse and recycling storage shall be fully enclosed and screened within the building or, if outside, within a refuse enclosure that is a minimum of six feet high.
C.
Signs.
(2)
Building signs.
(a)
Multifamily buildings shall be limited to one monument sign per multifamily building, having a maximum sign area of 60 square feet and a maximum height of six feet, and one wall-mounted building address sign measuring no more than six square feet in area per elevation fronting a street or parking area. In addition to the aforesaid monument sign, building signs for unit identification are permitted.
(3)
Directory signs.
(a)
Directory ground signs shall be permitted within the interior of the tract, to identify or distinguish different neighborhoods or clusters of building types within the development.
(b)
Directory signs shall not exceed 16 square feet in area.
(c)
Directory signs shall not exceed eight feet in height.
(4)
Directional (wayfinding) signs.
(a)
Directional ground signs shall be permitted within the interior of the tract, to facilitate wayfinding to amenity areas such as clubhouses or neighborhoods or clusters of building types within the development.
(b)
Directional signs shall not exceed 16 square feet in area.
(c)
Directional signs shall not exceed eight feet in height.
(5)
All signs within the tract shall be designed in a cohesive manner.
(6)
All signs on townhouse lots shall be subject to § 69-112.
D.
Homeowners' association. A master homeowners' association (HOA) shall be established for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within the development, including all stormwater control and maintenance required under all applicable regulations of the New Jersey Department of Environmental Protection and Township ordinances. All HOA documents shall be submitted for review and approval by the Township Attorney and the New Jersey Department of Community Affairs.
(1)
The project boulevard and streets within the single-family section of the tract shall be public roadways owned and maintained by the Township. The HOA shall own and be responsible for the maintenance, repair and reconstruction of all private streets, roads, drives, alleys and other such paths of travel in and about said community, including the responsibility for snow removal therefrom and lighting thereof, including the townhome section of the tract and the affordable housing apartments.
(2)
The Township shall provide the residents of the community in the single-family section fronting on public streets with trash and garbage pickup and disposal on at least a weekly basis. The HOA shall provide trash and garbage pickup and disposal on at least a weekly basis with the townhouse section of the tract, including the affordable housing apartments, fronting on private streets The Township and the HOA will enter into an agreement to comply with the provisions of the Municipal Services Act, pursuant to N.J.S.A. 40:66-1.4.
E.
Mechanical equipment. Air-conditioning units, HVAC systems, exhaust pipes or stacks, electric and gas utility meters, and related mechanical equipment and elevator housing shall be screened to minimize visual impact.
§ 65-86.41 Affordable housing requirements.
B.
The affordable units shall be deed restricted in accordance with the provisions of the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), which shall govern the number of bedrooms and rents for the affordable units.
C.
Phasing for construction of the affordable units shall be in accordance with the New Jersey Council on Affordable Housing ("COAH") phasing schedule established by N.J.A.C. 5:93-5.6(d).
D.
All affordable units shall comply with the regulations of UHAC and/or COAH, as may be applicable, including, but not limited to those concerning a) income qualification, b) controls on affordability for a period of 30 years, c) deed restrictions, d) bedroom distribution, e) low-moderate-income split, f) affirmative marketing, and g) handicap accessibility.
E.
All affordable units shall be subject to affordability controls for a period of at least 30 years following the initial certificate of occupancy for the affordable unit and upon the conclusion of that thirty-year period the municipality's decision as to when and whether to extinguish affordability controls shall be governed by the applicable UHAC provisions.
F.
Townhouses shall be permitted to be arranged in a stacked or interlocking fashion, whereby an affordable unit shall be permitted to be located vertically above or vertically below a market-rate unit.
G.
In the event that the affordable units are in a common ownership interest community with non-affordable units, the common expenses to be borne by all units may be based upon relative percentage of interest ownership in the common elements.
§ 65-86.42 General development plan.
A developer proposing development of property within the R-6 Residence Zoning District may apply to the Mansfield Planning Board for a general development plan approval as a planned development in accordance with N.J.S.A. 40:55D-45 through N.J.S.A. 40:55D-45.8. Prior to any approval of a planned development, the Planning Board shall make the findings required by N.J.S.A. 40:55D-45. The general development plan shall remain in full force and effect for a period not to exceed 15 years from the date upon which the developer receives final approval of the first section of the planned development and shall be terminated in accordance with N.J.S.A. 40:55D-45.8. Any general development plan approval shall require the development to be developed in two or more phases and shall specify the maximum number of units in Phase 1 and Phase 2 as set forth in § 65-86.37 above. Unless waived by the Planning Board, the application for general development plan approval shall include the permitted studies and plans as set forth in N.J.S.A. 40:55D-45.2(a) through (l).