Scotch Plains City Zoning Code
§ 23-3.18A
ML-3 Multifamily Zone.
[Added 7-16-2019 by Ord. No. 2019-15]
a.
Intent and purpose. The intent and purpose of the ML-3 Multifamily Zone District is to provide a realistic opportunity to develop an inclusionary affordable housing project to meet present and prospective housing needs, with particular attention to very-low-, low-, and moderate-income housing, in conformance with the requirements of the New Jersey Council on Affordable Housing ("COAH"), the settlement agreement entered into between the Township of Scotch Plains, Fair Share Housing Center ("FSHC"), Lamberts Mill, Amberg, ATA Developers, and SP Reserve on January 15, 2018 (hereinafter "settlement agreement"), and the court order approving same, which was entered by the court on April 20, 2018, after a properly noticed fairness hearing, and the Township's conditional declaratory judgment of compliance and repose entered by the Superior Court of New Jersey on January 9, 2019, and filed by the Court on January 11, 2019, which approved the land use regulations and affirmative devices in the Township's Housing Element and Fair Share Plan dated September 27, 2018, to comply with the Township's constitutional obligation with respect to affordable housing under Mount Laurel doctrine.
1.
The standards found herein are based on the terms agreed to in the settlement agreement. Per the aforementioned agreement, the Amberg Site shall be generally in accordance with and Exhibits I and J of the settlement agreement.
b.
Permitted principal uses.
1.
Multifamily residential housing consisting of up to 125 family rental dwelling units, in a minimum of three and up to five buildings, including a minimum 15% or a maximum of 19 units set aside for very-low-, low-, and moderate-income family rental units. No market-rate three-bedroom units or greater are permitted.
c.
Permitted accessory uses.
1.
Parking garages, surface parking, private driveways;
2.
Common outdoor public or private spaces, plazas and terraces;
3.
Active and passive recreation facilities;
4.
Maintenance facilities;
5.
Gardens, hardscape patio areas, landscape features, and courtyards;
6.
Streetscape improvements;
7.
Pedestrian walking paths;
8.
Green building techniques and green roofs;
9.
Mechanical equipment and trash enclosures;
10.
Emergency access driveways;
11.
Stormwater management systems; and
12.
Signs.
d.
Bulk requirements.
Description | Requirement |
|---|---|
Maximum density (tract) | 125 total dwelling units |
Minimum lot area | 245,025 feet2. |
Minimum lot width | 470 feet |
Minimum street frontage | 490 feet |
Maximum building coverage (%)1 | 30% |
Maximum impervious lot coverage (%)2 | 60% |
Principal building setbacks and requirements3 | |
Minimum front yard setback (Lamberts Mill Road) | 50 feet |
Minimum one side yard setback (fronting on Spruce Mill Road) | 50 feet |
Minimum one side yard setback (adjacent to B 13601, L 1) | 30 feet |
Minimum rear yard setback | 50 feet |
Maximum building height (stories) (principal) | 3 1/2 stories4 |
Maximum building height (feet) (principal) | 50 feet |
Minimum distance between buildings | 45 feet |
Minimum distance: building front to building corner | 60 feet |
Minimum distance: building front to building side | 60 feet |
Minimum distance: building side to building side | 50 feet |
Parking area requirements | |
Minimum number of off-street parking spaces | RSIS5 |
Driveway circulation dimensions | RSIS |
NOTES: | |
|---|---|
1 | Gazebos shall be exempt from building coverage calculations as it relates to this subsection. |
2 | Gazebos shall be exempt from impervious coverage calculations as it relates to this subsection. |
3 | Architectural features and appurtenances such as window bays, fire features, porch entrances, balconies, covered entranceways, door surrounds, decks, porticos, patios, stairs, or pediments which project no greater than five feet into any building setback are permitted. |
4 | The height of the building shall be measured from the proposed average grade to the peak of the roof. The building height shall not exceed 3 1/2 stories or 50 feet to the peak of the roof on a pitched roof, 32 feet at the predominant roof eave, and 40 feet to the midpoint of the pitched roof. Basements, lofts, and attics, if permitted by the Planning Board, shall not be utilized as a bedroom space. Purely decorative roof appurtenances, such as decorative lanterns, chimneys, cupolas, parapets, among others, shall not increase the building height by greater than 10%. |
5 | Residential Site Improvement Standards, N.J.A.C. 5:21-4.14, Parking: number of spaces. |
e.
Site plan and building requirements.
1.
Parking and circulation.
(a)
All residential projects shall conform to RSIS standards.
(b)
All required off-street parking and loading spaces shall be provided on-site.
(c)
Parking spaces shall be a paved area clearly marked as an area at least nine feet wide by 18 feet long, exclusive of aisles, driveways and passageways appurtenant thereto and giving access thereto.
(d)
Accessible parking spaces shall be provided in every parking lot. Such spaces shall meet FHA design standards and shall be located close to barrier-free walkways and entranceways.
(e)
Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional two feet is provided in order to accommodate such overhang.
(f)
In order to count towards the off-street parking requirements, the minimum length of surface parking spaces located in front of garages shall be 18 feet.
(g)
The project shall contain two points of ingress/egress into the site. One ingress/egress shall be located off of Spruce Mill Lane, and the second off of Lamberts Mill Road.
2.
Infrastructure. Any required utility or infrastructure improvements to accommodate the development shall be the sole responsibility of the developer.
3.
Streetscape. New sidewalks, curbing, crosswalks, street trees and similar design items shall be constructed along the Lamberts Mill Road and Spruce Mill Lane roadway frontages to the satisfaction of the Planning Board Engineer.
4.
Open space and landscape buffer.
(a)
The development shall include a centrally located open space area consisting of a minimum of 22,000 square feet that shall be available to all of the residents of the community. Amenities that serve the residents such as a clubhouse, terrace, or patio area constructed of high-quality materials may be incorporated into this 22,000-square-foot area. The type of amenity, size, location, and materials used shall be subject to Planning Board approval.
(b)
A landscape buffer shall be provided along the property line which borders Block 13601, Lot 1, and the property's frontage along Lamberts Mill Road. This landscaped buffer area shall consist of a mixture of deciduous and evergreen plantings. This landscaped buffer area shall be a minimum of 10 feet in depth. To the extent practical, existing trees on the site shall be preserved and protected during construction. The Planning Board may approve fencing in conjunction with any such screening requirement.
5.
Any site plan or subdivision plan shall be accompanied by a landscape plan prepared by a licensed landscape architect, 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.
6.
Architectural design guidelines.
(a)
Similar building materials and architectural design shall be used on all four building elevations of all buildings.
(b)
The use of a mixture of stone, brick, and HardiePlank® siding is encouraged. The use of vinyl siding on any building elevation is prohibited.
(c)
The building height shall not exceed 3 1/2 stories or 50 feet to the peak of the roof on a pitched roof, 32 feet at the predominant roof eave, and 40 feet to the midpoint of the pitched roof.
(d)
All mechanical equipment shall be screened from view. Rooftop equipment shall be screened in a manner consistent with the architecture and building materials of the building. Ground-level mechanical equipment shall be screened by means of solid fencing and supplemented and/or with evergreen plantings as determined by the Planning Board.
(e)
Accessory structures, such as gazebos, shall not exceed 15 feet in height. Any accessory building shall meet the required principal building setbacks.
7.
Variances. The Planning Board may grant a design waiver or variance for any specific bulk, parking, or design requirement that is a de minimus exception to the bulk requirements of this subsection, provided the applicant demonstrates that such waiver or variance is necessary for the feasibility of the project, will not substantially impair the purpose of the subsection, and is substantially consistent with the terms of the Township's settlement agreement.
f.
Affordable housing requirements. Any project containing residential units shall meet the requirements of the Township's Affordable Housing Ordinances,[1] applicable COAH regulations, Uniform Housing Affordability Controls ("UHAC"), the court-approved Housing Element and Fair Share Plan, and any applicable order of the court and other applicable law.
1.
Fifteen percent or 19 units shall be set aside as units affordable to very-low-, low-, and moderate-income households.
2.
Income distribution: The income distribution for the affordable units in each project shall be as follows: no more than 50% may be moderate-income units, at least 37% shall be low-income units and at least 13% shall be very-low-income units.
3.
Bedroom mix: At least 20% of the affordable units in each project shall be three-bedroom units; no more than 20% of the affordable units in each project shall be efficiency and one-bedroom units; at least 30% of the affordable units in each project shall be two-bedroom units; the balance may be two- or three-bedroom units; at the discretion of the developer.
4.
The developer shall have an obligation to deed restrict the affordable units as very-low-, low- or moderate-income affordable units for a period of at least 30 years, until such time and under conditions as the Township elects to release the deed restriction, so that the Township may count the affordable units against its affordable housing obligation. The deed restrictions shall be recorded with the County Clerk, and a copy of the recorded deed shall be forwarded to the Township Municipal Housing Liaison and administrative agent. Any sale of the property or units shall not affect the length or terms of the deed restriction.
5.
All affordable units shall comply with the bedroom distribution requirements, income distribution requirements, pricing requirements, integration of affordable unit requirements, affirmative marketing requirements, candidate qualification and screening requirements and deed restriction requirements of the Township's Affordable Housing Ordinance[2] and Uniform Housing Affordability Controls ("UHAC").
6.
The developer/owner of the affordable units shall contract with an experienced and duly qualified administrative agent for the administration of the affordable units. The developer's/owner's administrative agent may either be the Township Administrative Agent or shall report to the Township Administrative Agent, and the developer/owner shall have the obligation to pay all costs associated with affirmatively marketing and deed restricting the affordable units, income qualifying residents, and maintaining compliance with the affordability controls on the affordable units in accordance with this subsection and the Township's Affordable Housing Ordinance for the entirety of the deed-restriction period. The developer/owner and its administrative agent shall provide annual reports as required by the Township and the Township's Administrative Agent to enable the Township to comply with the affordable housing monitoring requirements of the court.