Scotch Plains City Zoning Code
§ 23-3.8A
R-3B Residence Zone.
Broadway. The R-3B Residence Zone is hereby established to carry out the purposes and plan known as the "Broadway Redevelopment Plan," as amended and heretofore adopted by the Township Council. The R-3B Zone is intended to provide for the comprehensive planning and development of detached single-family dwellings, together with appropriate site improvements and recreational facilities, based upon the recommendations and standards contained in the aforesaid redevelopment plan.
a.
Permitted primary uses.
1.
Detached one-family dwellings.
2.
Municipal parks and playgrounds, buildings and uses which are deemed appropriate and necessary by the Township Council.
3.
Private recreation facilities, including swimming pools, a community building or clubhouse, and open space, provided that all such uses shall be owned and maintained by a homeowners' association, and further provided that no commercial activity shall be permitted. The total building area associated with any recreation use shall be limited to 4,000 square feet. It is the intent of this subsection to provide for comprehensively planned recreation facilities and open space to be approved by the Planning Board as part of the redevelopment of the Broadway Redevelopment Area. No swimming pool shall be permitted on an individual residential lot within the R-3B Zone. The private recreation facility shall be open for use by nonmember residents or groups from Scotch Plains on a reasonable basis for public-related purposes or groups of any age by mutual arrangement between the association and Township or the particular group.
4.
Stormwater management facilities and utility structures related to residential development within the R-3B Zone.
b.
Permitted secondary uses.
1.
Customary residential storage buildings not to exceed 200 square feet in building area, provided that no such storage building shall be located in the front yard of any lot and further provided that no such storage building shall be located closer to a side or rear lot line than two feet.
2.
Shelters for domestic pets not to exceed 50 square feet in building area, exclusive of runs, provided that no such shelter or runs shall be located within the front yard of any lot and further provided that no such shelter or runs shall be located closer to a side or rear lot line than two feet.
3.
Trellises, post lights, patios and decks, provided that decks and patios shall comply with applicable setback requirements. Fences shall comply with applicable ordinance requirements.
4.
Signs shall be permitted as follows:
(b)
For real estate signs, see Subsection 23-3.4b1 through 5 and Subsection 23-3.4C, Schedule of Sign Regulations.
(c)
Development signs shall be permitted in connection with a development in the R-3B Zone in accordance with the following:
(1)
One sign indicating the name of the development shall be permitted on common land owned and maintained by the homeowners' association, provided that it shall not exceed an overall height of four feet above grade, including any mounting or support structure. The sign size shall be limited to a total of 12 square feet in area. No internally illuminated sign shall be permitted. If illuminated, lighting shall be from an indirect source that shall not cause glare onto adjoining properties or pose a hazard to motorists.
(2)
One nonilluminated sign shall be permitted on the facade of a community building or clubhouse in association with a recreation facility, provided that such sign shall not exceed a total of 24 square feet in area, nor shall it protrude above or extend beyond any portion of the facade of the building.
c.
Conditional uses. None.
d.
Other provisions and requirements.
1.
Adult community. With the exception of dwellings proposed with frontage and driveway access from the westerly end of Waverly Place, all residential dwellings located within the R-3B Zone shall be subject to a deed restriction that limits the marketing, sale, and occupancy of such residential dwellings to the terms of an adult community as defined herein. It is the intention that this be an age-restricted zone and shall comply with all terms and provisions of the federal Fair Housing Act,[2] and any other applicable federal and state statutes.
[2]
Editor's Note: See 42 U.S.C. § 3601 et seq.
2.
Adult communities; purposes. It having been determined that there is a need for alternative housing in the Township of Scotch Plains for the adult population who no longer maintain a residence for their children and which is comprehensively designed to meet the needs of adults. Adult communities are hereby authorized to be developed in those residential zones in which adult communities are recognized as a permitted use, upon compliance with the design criteria set forth in this subsection and approval of the general development plan, preliminary and final subdivision/site plan approvals, including developer's agreements, from the Planning Board of the Township of Scotch Plains as hereinafter described.
3. ADULT COMMUNITY PROJECT (ACP)(a) (b) (c) (d) (e) (f) DETACHED UNIT UNIT
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
As described herein shall mean a private residential community comprised of single-family detached dwellings and accessory uses intended for, and limited and restricted to, use and occupancy of:
Any person of the age of 55 years or over;
A husband or wife, regardless of age, residing with his or her spouse, provided the spouse of such person is of the age of 55 years or over;
The child or children residing with a permissible occupant, provided the child or children is or are of the age of 19 years or over; or
The individual or individuals, regardless of age, residing with and providing physical or economic support to a permissible occupant.
Occupancy of any dwelling shall be restricted to persons of the age of 55 years or over; provided, however, that a husband or wife, regardless of age, residing with his or her spouse may occupy such dwelling so long as such spouse is of the age of 55 years or over. Further, no dwelling may be occupied by any child under the age of 19 years. In the event that an owner of a lot dies, testate or intestate, leaving as heirs one or more persons who do not qualify as to age, these restrictions shall in no way be deemed to restrict the ownership of said lot by the heirs; provided, however, that said heir or heirs, their successors or assigns shall not reside in the dwelling until he or she meets the age requirements, together with such other requirements that may be contained herein.
The foregoing occupancy restrictions shall not be construed to prohibit the occupant of any unit in an ACP from entertaining guests, of any age, in their units, including temporary residency not to exceed three months with no financial or other pecuniary consideration to be paid therefor.
As used herein shall mean a unit which is not physically connected to any other unit.
As used herein shall mean a single-family residence.
4.
Site improvements. All streets, stormwater management, and other site improvements, including off-street parking, shall be provided in accordance with New Jersey Residential Site Improvement Standards. Each dwelling on a lot less than 5,000 square feet in area shall include a private garage of not less than 12 feet by 20 feet. Each dwelling on a lot equal to or greater than 5,000 square feet in area shall include a private two-car garage of not less than 24 feet by 20 feet.
5.
Recreation area off-street parking. Off-street parking shall be provided in association with recreational facilities or community buildings. All off-street parking areas shall be adequately landscaped and shall be located at least 10 feet from any street right-of-way line and five feet from any other property line.
6.
Landscaping. To the extent practical, existing trees on the site shall be preserved and protected during construction. Substantial landscape plantings shall be provided along perimeter tract lines to screen adjoining uses wherever a proposed lot or proposed recreational facilities adjoin any existing use. The Planning Board may approve fencing in conjunction with any such screening requirement. Any site plan or subdivision plan shall be accompanied by a landscape plan specifying details for tree-protection measures, proposed landscape plantings, and street trees to be provided in accordance with ordinance requirements, and/or contract of sale or developer's agreement.
7.
Homeowners' association. A homeowners' association shall be established for the purpose of owning and maintaining all of the common elements of any development in the R-3B Zone, including but not limited to open space, stormwater management facilities, off-street parking areas, and recreation improvements. No final subdivision or site plan for development in the R-3B Zone shall be approved unless the documents necessary to establish a homeowners' association to carry out the purposes of this section have been approved by the Planning Board attorney and the Township Attorney.