Scotch Plains City Zoning Code
§ 23-3.18B
ML-4 Multifamily Zone.
[Added 7-16-2019 by Ord. No. 2019-14]
a.
Intent and purpose. The intent and purpose of the ML-4 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 the Mount Laurel doctrine.
1.
The standards found herein are based on the terms agreed to in the settlement agreement. Per the aforementioned agreement, the North Avenue Tract shall be generally in accordance with Exhibits K and L of the settlement agreement. This pertains to how Block 8301, Lot 7, will be developed and that Block 8301, Lot 5, shall be rezoned to be in the Conservation Zone District and dedicated to the Township of Scotch Plains and preserved as open space as part of the Township's Recreation and Open Space Inventory ("ROSI").
b.
Permitted principal uses.
1.
Multifamily residential housing consisting of up to 12 total residential dwelling units, consisting of a maximum of five for-sale townhouses and seven family rental apartment units, including a minimum of 15% or a maximum of two units set aside, which shall be one two-bedroom moderate-income and one three-bedroom low-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.
Gardens, hardscape patio areas, landscape features, and courtyards;
4.
Streetscape improvements;
5.
Pedestrian walking paths;
6.
Green building techniques and green roofs;
7.
Mechanical equipment and trash enclosures;
8.
Emergency access driveways;
9.
Stormwater management systems; and
10.
Signs.
d.
Bulk requirements.
1.
Maximum density (tract): 12 total dwelling units.
2.
Minimum lot area (tract): 40,000 feet.
3.
Minimum lot width (tract): 200 feet.
4.
Minimum street frontage (tract): 200 feet.
5.
Maximum building coverage (%) (tract): 30%.
6.
Maximum impervious lot coverage (%) (tract): 60%.
7.
Principal building setbacks and requirements.
(a)
Minimum front yard setback (tract): 30 feet.
(b)
Minimum one side yard setback (tract): eight feet.
(c)
Minimum total both side yard setbacks (tract): 45 feet.
(d)
Minimum rear yard setback (tract): 15 feet.
(e)
Maximum building height, apartment building (stories): 2.5 stories.
(f)
Maximum building height, apartment building (feet): 35 feet.
(g)
Minimum distance between buildings: 45 feet.
(h)
Minimum distance, building face to parking area: 15 feet.
(i)
Minimum distance, building face to ROW: 30 feet.
8.
Single-family attached requirements (for sale).
(a)
Minimum lot area: 2,200 feet.
(b)
Minimum lot width: 24 feet.
(c)
Minimum front yard setback: 20 feet.
(d)
Minimum side yard setback (interior): zero feet.
(e)
Minimum side yard setback (exterior): 10 feet.
(f)
Maximum building height, townhouses: 2.5 stories.
(g)
Maximum building height, townhouses: 35 feet.
9.
Accessory building requirements.
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 ADA 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 are provided in order to accommodate such overhang.
(f)
In order to count towards the off-street parking requirements, the minimum length of a townhouse unit driveway shall be 18 feet.
(g)
Lots which are the result of the subdivision of Block 8301, Lot 7, to permit individual lots for townhouse units may front on a private road. All private roads shall conform to RSIS standards.
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, and street trees shall be provided along the North Avenue roadway frontage at the direction of the Planning Board Engineer.
4.
Landscape buffer. A landscape buffer shall be provided along the property line which borders Block 8301, Lot 8. This buffer area shall consist of a mixture of deciduous and evergreen plantings. This landscaped buffer area shall be a minimum of five 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. 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.
5.
Steep slopes. Portions of lots may be within steep slopes, wetlands, or 100-year floodplains of streams, provided that any building or land disturbance within these areas is permitted by the appropriate regulatory agencies. The developer is responsible for acquiring the appropriate permits and approvals.
6.
Accessory structures. Accessory structures shall only be permitted in the rear portion of the property.
7.
The subject property is partially located within a flood hazard area regulated by the NJ Department of Environmental Protection (NJ DEP). The proposed development of Block 8301, Lot 7, may require the regrading and/or land disturbance on Block 8301, Lot 5, in order to satisfy the cut and fill volume requirements of the DEP Flood Hazard Area Control Act Rules (N.J.A.C. 7:13). Prior to any application to the DEP for a regulatory permit under the Flood Hazard Area Control Act[1] for the residential development project, the Planning Board Engineer shall review and approve any regrading and/or disturbance to Block 8301, Lot 5, as part of the site plan application for the residential project on Block 8301, Lot 7. Any regrading and/or land disturbance on Block 8301, Lot 5, shall be minimized to the maximum extent practicable. No ponding of water shall be allowed to occur on Block 8301, Lot 5.
[1]
Editor's Note: See N.J.S.A. 58:16a-50 et seq.
8.
Tree removal. Any tree removal resulting from the regrading and/or land disturbance described under Subsection 23-3.18Be7 shall be reforested in accordance with a reforestation plan prepared by a licensed landscape architect and to be approved by the Planning Board Engineer and Planner as part of and in conjunction with the site plan application.
9.
Architectural design guidelines.
(a)
Similar building materials and architectural design shall be used on all four building elevations of all buildings, including the accessory buildings (garages).
(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)
Adjacent townhouse units shall have a facade setback of at least two feet from the face of the building line to building line. This provision shall only apply to townhouses. There shall be no facade setback requirement for adjacent apartment units.
(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 with evergreen plantings.
(e)
In the ML-4 Multifamily Zone, a "half story" shall be defined as the portion of a building under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls shall be permitted to have dormers and other roof features which extend above two feet as long as the aggregate eave line around the entire building perimeter is maintained at two feet above the floor or less for at least 40% of the perimeter. A basement shall also be included as a half story.
f.
Affordable housing requirements. Any project containing residential units shall meet the requirements of the Township's Affordable Housing Ordinances,[2] 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 two units shall be set aside as units affordable to very-low-, low-, and moderate-income households.
2.
Income distribution and bedroom mix: The income distribution and bedroom mix of the two affordable units in this project shall be one two-bedroom moderate-income unit and one three-bedroom low-income unit.
3.
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.
4.
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.[3]
5.
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 section 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.