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Peapack Gladstone City Zoning Code

§ 23-39.9

Residential Housing Community.

[Ord. No. 876A § 4; amended 7-24-2018 by Ord. No. 1059-2018]
a. 
Purpose. The intent of permitting a residential housing community on certain lands within the ORL and RR-5 Zoning Districts is to promote development alternatives which will result in the construction of high-quality, attached, age-restricted residences without an affordable housing requirement or non-age-restricted, high-quality, attached residences with an affordable housing requirement as specified in Subsections d and e hereinafter, which will have less adverse impact upon the road network, infrastructural needs, and the environment, and contribute to the Borough's affordable housing obligation.
[Amended 11-10-2020 by Ord. No. 1094-2020]
b. 
Minimum tract size. A residential housing community must contain at least 75 acres of land area only within the ORL and RR-5 Zoning Districts where designated on the Zoning Map.
c. 
Permitted uses:
1. 
Single-family detached or duplex high-quality dwelling units, except in the case of affordable housing units which can be flats in one or more buildings, up to two stories in height.
2. 
Conservation areas, open spaces and common property.
3. 
Recreational (excluding playgrounds and tot lots), clubhouse, community swimming pool not greater than 75 feet long, gatehouse and property management/maintenance facilities are permitted as may be specifically approved by the Land Use Board.
4. 
Notwithstanding any other provisions of this section to the contrary, including Subsection 23-39.9c5 hereinbelow, patios, walkways, porches, retaining walls and other structures are permitted in all yard areas as may be specifically approved by the Land Use Board.
5. 
An open area for the private use of the residents of an individual dwelling unit is permitted in accordance with the following:
(a) 
The area shall be located in the rear of a dwelling unit only and shall be dimensioned so as not to exceed the width of the unit nor extend more than 20 feet from the rear-most wall of the unit.
(b) 
The designated area may include patios, gardens, built-in barbeques, arbors, pergolas and/or fountains.
(c) 
The designated area may include decks, patios, porches and/or terraces as may be specifically approved by the Land Use Board.
(d) 
In any case, individual swimming pools, spas, sheds and similar structures are not permitted.
d. 
Maximum number of dwelling units permitted. The maximum number of permitted dwelling units within the residential housing community shall not exceed 1.09 dwelling units per gross acre of land within the subject tract, rounded downward to the nearest whole number, provided that, in any case, no residential housing community shall contain more than 68 market dwelling units. Additionally, the developer shall be obligated to provide for 20% affordable housing units in accordance with N.J.A.C. 5:95 et seq.,[1] or 14 units' affordable housing either on site or on an adjacent site at the cost of the developer.
1. 
The developer shall construct or shall cause to be constructed 14 units of non-age-restricted rental housing reserved for, and affordable to, low- and moderate-income households. The developer agrees that it will fully assume all costs of the development and construction of these units and will not seek local, state, or federal subsidies for the 14 units of non-age-restricted rental housing. The construction and operation of these units shall be governed by the Uniform Housing Affordability Controls promulgated by the New Jersey Housing and Mortgage Finance Agency in force as the date of this agreement, N.J.A.C. 5:80-26. Except as otherwise expressly provided in this agreement, these standards shall govern, among other things, bedroom distribution, balance between low- and moderate-income units, rent levels, affirmative marketing, the term of affordability, and the process for restrictions on affordability to be released. Phasing of the affordable units shall be in accordance with the schedule at N.J.A.C. 5:93-5.6(d).[2]
[2]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on October 16, 2016.
2. 
Two of the low-income units will be affordable to, and reserved for, very-low-income households with incomes at 30% of the regional median income.
3. 
The developer may elect to develop or provide for development of 14 units of non-age-restricted rental housing reserved for, and affordable to, low- and moderate-income households on adjacent off-site locations. If the 14 affordable units are provided off site, the adjacent off-site affordable units and the 68 units of non-age-restricted market-priced housing shall be phased as one project in accordance with the schedule at N.J.A.C. 5:93-5.6(d).[3] If the adjacent off-site location has been identified in the settlement agreement between the Fair Share Housing Center and the Borough as a site that will be rezoned to provide affordable housing, the developer shall develop both the 14 units of non-age-restricted rental housing and the number of affordable homes planned for the off-site location as identified in the settlement agreement between the Fair Share Housing Center and the Borough.
[3]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on October 16, 2016.
4. 
If the developer chooses to develop or provide for the development of the low- and moderate-income units on adjacent off-site locations, it shall give written notice to the municipal parties and Fair Share Housing Center prior to filing an application for subdivision or site plan approval of the property. The notice shall specify the proposed location of the low- and moderate-income housing and, if not to be developed by the developer, the name and address of the designated developer of that housing.
5. 
The Borough shall notify the developer, in writing, within 30 days, whether the site is acceptable. If the site is acceptable, the municipal parties shall take all reasonable steps necessary to facilitate development of these units, including adoption of amendments to the Borough's Zoning Ordinance.
6. 
Cost-increasing requirements. Regardless of whether the low- and moderate-income units are constructed on the property or off site, neither the Borough nor the Land Use Board may impose any procedural or substantive requirement that adds to the burden or cost of development of the property or of the low- and moderate-income units which is not necessary to protect public health, safety or the environment in accordance with law and regulation.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter 95, Procedural Rules of the New Jersey Council on Affordable Housing for the Period Beginning on December 20, 2004, expired on September 11, 2016.
e. 
Design requirements for dwelling units.
1. 
No dwelling unit shall exceed 38 feet in height.
2. 
In order to reasonably assure that there is a diversity of architectural design for the dwelling units, at least three different-looking model types shall be provided to the Land Use Board for review and approval.
3. 
The exteriors will employ natural materials and/or products that reflect the quality, integrity and aesthetics of natural materials.
4. 
Each dwelling unit shall provide an attached two-car garage, and each dwelling unit shall contain at least 2,400 square feet of gross floor area excluding the garage and a maximum of 3,600 square feet of gross floor area excluding the garage, except these requirements shall not apply to affordable housing units required to be constructed pursuant to § 23-39.9d1. Affordable housing units may contain less gross floor area and provide for at-grade parking. The applicant shall be required to construct 25% of the market units with master bedroom suites on the first floor.
[Amended 11-10-2020 by Ord. No. 1094-2020]
5. 
The aggregate building coverage of all dwelling units on the subject tract shall not exceed 7%, and the total impervious coverage throughout the development shall not exceed 20%.
6. 
All buildings shall be set back at least 25 feet from all internal roadways.
7. 
All buildings shall be separated from each other by a distance of at least 25 feet in accordance with the following:
(a) 
For the purpose of determining the separation distance between buildings, any deck, patio or terrace which is two feet in height or higher shall not be permitted to encroach within the required twenty-five-foot separation distance.
(b) 
However, any deck, patio or terrace which is less than two feet in height shall be permitted to be located within the required twenty-five-foot separation distance, provided that no such deck, patio, porch or terrace shall extend more than 10 feet from the exterior wall of the subject dwelling unit.
f. 
Perimeter setbacks and buffers. All non-affordable-housing units shall be set back from State Route 206 at least 200 feet, and all non-affordable-housing units shall be set back at least 150 feet from all other tracts. The property can be fenced or gated.
1. 
Within the required 200-foot building setback from Route 206, a buffer at least 100 feet in width shall be provided.
2. 
Within the required 150-foot building setback from all other tract boundaries, a buffer at least 50 feet in width shall be provided; except that in instances where an existing dwelling unit is replaced with a new dwelling unit or units and there is not sufficient room for a fifty-foot buffer, an appropriately reduced buffer width shall be permitted by the Land Use Board.
3. 
Within the required buffers, any existing vegetation shall remain, and the Land Use Board may require the applicant to supplement the existing vegetation in order to provide an appropriate visual screen.
4. 
Notwithstanding any other provision of this subsection to the contrary, utility lines, access roads and stormwater outfall facilities may be located in the required buffers, provided that the Land Use Board determines that such structures have been located and designed to reasonably minimize the need to remove existing trees.
5. 
Setbacks for affordable housing units can be reduced to 50 feet from northern tract boundaries.
g. 
Open space requirements.
1. 
Land equal to a minimum of 75% of the tract of land proposed for a residential housing community shall be specifically set aside for conservation, passive recreation and/or other open space purposes.
(a) 
No land utilized for street rights-of-way shall be included as part of the above 75%.
(b) 
Except for stormwater management facilities, emergency access roads and utilities as may be approved by the Land Use Board, any land proposed and approved as open space shall be left in its current condition and/or improved to best suit the purpose(s) for which the particular open space is intended to be used, provided that such uses and improvements must be specifically approved by the Board.
2. 
To the extent practicable, all dwellings shall abut open space.
3. 
Open space shall be dedicated as common open space to a homeowners' association as provided in N.J.S.A. 40:55D-43. Such organization shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise. The applicant shall prepare a restrictive covenant which recites and insures the approved restrictions on the open space. The form, substance and filing of the restrictive covenant shall be as approved by the Land Use Board in consultation with the Land Use Board Attorney and with the Borough Attorney.
h. 
Signage. Permitted signage within a residential housing community shall be as specifically approved by the Land Use Board.
i. 
Lighting. Lighting within a residential housing community shall be as specifically approved by the Land Use Board in accordance with the following:
1. 
The amount of lighting shall be minimal for safety purposes.
2. 
No lighting stanchion and attached light fixture shall extend higher than 14 feet above the ground.
j. 
Homeowners' association responsibilities. All roadway maintenance, snow removal, the maintenance of all stormwater management facilities, fire hydrant servicing, and the operating costs and maintenance of all lighting fixtures, signage and recreational facilities shall be the responsibility of the homeowners' association.
k. 
Other applicable requirements. All other applicable provisions of the Revised General Ordinances of the Borough of Peapack and Gladstone that are not in conflict with the provisions specified herein for a residential housing community shall apply.