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Scotch Plains City Zoning Code

§ 23-9.1.3

Development Requirements.

a. 
Parking and traffic circulation standards.
1. 
Parking and traffic circulation standards, Proposed Lot A
(a) 
The redeveloper shall provide a traffic study to the satisfaction of the Planning Board Engineer.
(b) 
All required off-street parking and loading spaces shall be provided on-site, except required visitor parking. RSIS townhouse requirements may be addressed through shared parking located on the parking lot affiliated with the 2.55-acre dedicated property identified as the "recreation portion" subject to scheduling, maintenance and related items, to be addressed as part of the site plan application before the Planning Board. The Planning Board will cooperate with the redeveloper in this process.
(c) 
All ground-level parking under the apartment buildings shall be fully enclosed garages within the building with openings that are constructed with brick, stone or HardiePlank® siding or similar approved material.
(d) 
Parking areas shall include a minimum of two electric car charging stations.
(e) 
Surface parking shall be permitted to support the inclusionary residential development but shall not be the sole source of on-site parking. The layout and circulation of the surface parking shall be substantially consistent with the plans in Exhibit 1,[1] subject to Planning Board approval.
[1]
Editor's Note: Exhibit 1 is on file in the office of the Township Clerk.
(f) 
The required number of parking spaces and stall dimensions, nine feet by 18 feet, shall conform to residential site improvement standards.
(g) 
A traffic circulation plan shall be provided, depicting turning radius of emergency vehicle routes through the site. No truck circulation routes shall interfere with any permitted on-street parking spaces or driveways.
(h) 
All parking spaces, loading spaces, fire lanes and circulation routes shall be striped and signed in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). All such striping and signage shall be depicted on the traffic circulation plan.
(i) 
All driveways and parking spaces located on the residential property shall be maintained by the owner of the residential project.
(j) 
The project shall have two ingress/egress driveways which shall have a minimum of 24 feet wide. The location of the driveways off of Terrill Road and their dimensions shall be substantially consistent with Exhibit 1.
(k) 
The northernmost driveway, located next to adjacent Lot 3, shall include an access easement to the 2.55± acre municipal parcel, substantially consistent with Exhibit 1.
(l) 
Driveways shall not be located closer than 15 feet to a side property line.
(m) 
Parking areas shall not be located closer than 60 feet to the rear property line.
2. 
Parking and traffic circulation standards, Proposed Lot B.
(a) 
All off-street parking for Proposed Lot B shall be located on-site.
(b) 
Proposed Lot B shall be accessed via an access easement located on Proposed Lot A, substantially consistent with Exhibit 1.
(c) 
All parking spaces, loading spaces, fire lanes and circulation routes shall be striped and signed in accordance with the Manual on Uniform Traffic Control Devices (MUTCD).
b. 
Project design standards and conditions.
1. 
Project design standards and conditions, Proposed Lot A.
(a) 
The use of green building technologies is strongly encouraged to be incorporated into all aspects of the project design. Green building (also known as "green construction" or "sustainable building") is the practice of creating structures and using processes that are environmentally responsible and resource-efficient throughout a building's life cycle, from siting to design, construction, operation, maintenance, renovation and demolition.
(b) 
Upon the demolition of any existing building or structure, in whole or in part, the site shall be properly graded and stabilized unless new construction is to commence on the new site within 60 days.
(c) 
Three-bedroom or greater market-rate units are prohibited.
(d) 
Location and area of amenities. The inclusionary multifamily residential development shall contain a minimum of approximately 2,925 feet clubhouse, which includes a large community room that is adequate to host small social gatherings, rental office, marketing office and model apartment. There shall be an approximately 4,600 feet pool and deck area located behind the clubhouse. Additionally, the redeveloper shall provide the infrastructure for residents to participate in passive recreation on the site. This entails the creation of a network of walking paths which should be at least six feet wide. This network should include paths within the interior of the development. The paths should be constructed with benches and bump outs where practicable, subject to Planning Board approval.
(e) 
The project shall include stormwater/flood management systems which include, but are not limited to, flood storage, stormwater detention basins, basin overflow areas, culverts, etc., and shall be designed and constructed to the appropriate standards.
(f) 
Adequate facilities shall be provided for the handling of garbage and other refuse by providing and maintaining an enclosed and maintained area either within or separate from the buildings within which all garbage and refuse containers shall be stored, subject to Planning Board approval.
(g) 
A comprehensive landscape plan shall be prepared by a licensed landscape architect. All areas of the site not covered by buildings, pavement, walkways and other permissible impervious surfaces shall contain landscape plantings. The use of perennial and native species is encouraged.
(h) 
All mechanical equipment, generators, HVAC equipment and similar equipment shall be specified to meet the applicable residential sound standards, and if they are not specified, the equipment shall be acoustically buffered such that any noise generated by the equipment shall be within the applicable residential sound standards as defined by the State of New Jersey.
(i) 
All nonresidential mechanical equipment shall be screened from view, both from the street and existing or planned neighboring buildings. Said screening shall be constructed in a manner that is consistent with the architecture of the building, and shall utilize the same materials used in the construction of the building, such that the screening appears to be an integral part of the building. The screening shall not impair the functioning of the equipment.
(j) 
The redeveloper shall construct and obtain certificates of occupancy for those buildings containing the affordable units, specifically buildings K and L as shown on the concept plan in Exhibit 1,[2] in accordance with UHAC.
[2]
Editor's Note: Exhibit 1 is on file in the office of the Township Clerk.
(k) 
Signs associated with the residential project shall be addressed during preliminary and final site plan approval. Dimensions, colors and other sign characteristics shall be subject to Planning Board approval.
2. 
Project design standards and conditions, Proposed Lot B.
(a) 
The redeveloper shall environmentally remediate the land to standards appropriate to allow for the use as a park prior to the dedication of land to the Township.
(b) 
The redeveloper shall execute and file with the Union County Recorder of Deeds a dedication of the recreation portion and an access easement along the access driveway in favor of the Township, upon completion of the rough grading of the recreation portion and parking area, and paving of the access driveway up to the property line of the recreation portion, to the satisfaction of the Township Engineer. The redeveloper shall offer the recreation portion and access driveway to the Township by not later than the issuance of the 77th certificate of occupancy for the project. Failure by the Township to accept the recreation portion and access driveway shall not prevent the issuance of the remaining certificates of occupancy for the remainder of the residential units comprising the project. The redeveloper shall provide a lot consolidation plan and minor subdivision plan as part of the preliminary site plan application to the Planning Board. The access easement shall be depicted on the site plan drawings.
3. 
Project design standards and conditions, Lot 24.
(a) 
The redeveloper shall execute and file with the Union County Recorder of Deeds a dedication of the open space portion no later than the issuance of the first certificate of occupancy for the townhouse units.
c. 
Building and architectural design standards and programming, Proposed Lot A.
1. 
The seven townhouse buildings and five garden apartment buildings shall be constructed with the same building materials and to the same degree of architectural elements and design. It is encouraged that they look as similar as possible.
2. 
Architectural townhouse building elevation: Exhibit 6 ("Exhibit 6") of the redevelopment plan represents a typical architectural building elevation for the townhouse buildings fronting on Terrill Road in the Parker Gardens Redevelopment Project. The building elevation shall be typical for all four sides of the townhouse buildings to be constructed on Proposed Lot A. The building elevation shall be consistent with the concept renderings included in Exhibit 6. All building elevations are required to be built to the same building construction standards and aesthetics, using the same building materials.
3. 
Architectural apartment building elevation: Exhibit 6 to the redevelopment plan represents a typical architectural building elevation for the apartment buildings K and L in the Parker Gardens Redevelopment Project. Buildings K and L shall be the only four-story buildings in the project; however, the other apartment buildings, buildings H through J, shall be three stories, but shall have the same design characteristics. This building elevation shall be typical for all four sides of the apartment buildings. The building elevations shall be consistent with the concept renderings included in Exhibit 6. All building elevations are required to be built to the same building construction standards and aesthetics, using the same building materials. The architectural design of the buildings shall include a mix of brick, stone or HardiePlank® siding or similar approved material.
4. 
Bedroom distribution of apartment buildings:
(a) 
Market-rate units: Pursuant to the settlement agreement, the market-rate units of the residential project shall consist of the following:
(1) 
One-bedrooms: 33 units.
(2) 
Two-bedrooms: 114 units.
(b) 
Affordable units:
(1) 
The bedroom distribution for the 34 affordable units shall be as follows:
(i) 
One-bedrooms: six units.
(ii) 
Two-bedrooms: 21 units.
(iii) 
Three-bedrooms: seven units.
(2) 
The affordable units shall be located in buildings K and L.
(c) 
Bedroom distribution of townhouses: All 47 townhouses in the residential project shall be two bedrooms.
d. 
Open space, landscaping and amenities, Proposed Lot A.
1. 
There shall be a centrally located open space and passive/active recreation area. This area shall be a minimum of approximately 30,000 feet. This area shall be located in the center of the project between buildings H, I, J, L and the pool area.
2. 
The Redevelopment Project shall include walking paths for passive recreation. It is encouraged that the walking path network be continuous to avoid a "dead-end" effect. The walking path should be six feet wide in order to accommodate two-way traffic, particularly strollers, wheelchairs and bicycles. These paths shall have benches, bump outs, or areas to rest off of the path to the extent practicable.
3. 
All recreational facilities, whether active or passive in nature, shall be constructed to blend in with the natural environment and should be unobtrusive to the extent possible.
4. 
Landscaping shall be provided throughout the Redevelopment Project to create definition or separation of different areas of the development, shade, visual interest, seasonal color, and visual buffering.
5. 
The inclusionary multifamily residential development shall contain a minimum of approximately 2,925 feet clubhouse, which includes a large community room that is adequate to host small social gatherings, rental office, marketing office, model units.
6. 
The clubhouse may include maintenance facilities.
7. 
The project shall include an approximately 4,600 feet pool and deck area amenity for residents which shall be located behind the clubhouse.
8. 
The project shall include plantings between the side and rear setback lines and the property lines. All screen plantings shall be evergreen and species with proven resistance to the urban environment. Screen plantings shall be a minimum of three feet in height. Material shall be planted, balled and burlapped, or in containers, and be of specimen quality as established by the American Association of Nurserymen.
9. 
All plants, trees, and shrubs shall be installed in accordance with a planting and maintenance schedule which shall be indicated on required planting plans prepared by a licensed landscape architect.
e. 
Redevelopment area phasing plan. The phasing of the land dedications to the Township and the residential project as outlined in the redevelopment plan shall be further addressed in the redevelopment agreement.
f. 
Utilities.
1. 
All new electric, telephone, television, cable, gas, and other utility service lines servicing the buildings shall be installed underground, to the extent such underground service is commercially reasonable, available and permitted by the applicable utilities companies, and in all events shall be installed in accordance with the prevailing standards and practices of the respective utility or other companies providing such services.
2. 
All utility connection permits and road opening permits shall be obtained from the respective utility authority prior to the start of the construction. All municipal roadways damaged by the redevelopment of the site shall be restored and/or repaved as directed by the Scotch Plains Township Engineer.
g. 
Traffic study and related improvements. The redeveloper shall provide a traffic study for the proposed residential development at the time of the site plan hearing before the Planning Board that shall address the traffic impact of the proposed development on the Township's traffic circulation and roadways, as well as access to the site in accordance with the Township, residential site improvement standards, and New Jersey Department of Transportation regulations.
h. 
Provisions related to affordable housing. Pending the approval by the Superior Court of New Jersey, Union County and the Special Master, the following terms regarding the affordable housing set-aside component of the residential project on Proposed Lot A shall be adhered to:
1. 
The redeveloper shall have the obligation to deed restrict 15% of the residential units in the inclusionary development as very-low-, low- and moderate-income affordable units, which will be 34 affordable units. All such affordable units shall comply with UHAC regulations, applicable COAH affordable housing regulations, the pending approval of the Township's current affordable housing obligations set forth in the settlement agreement by and between the Township and Fair Share Housing Center, any applicable orders of the Court, and other applicable laws.
2. 
Deed restriction period. Pursuant to UHAC, the developer shall have an obligation to deed restrict the affordable units in the inclusionary development as very-low-, low- or moderate-income affordable units for a period of at least 30 years from the date of the initial occupancy of each affordable unit (the "deed restriction period") until the Township of Scotch Plains takes action to release the controls on affordability, so that the Township may count each affordable unit against its obligation to provide family rental affordable housing. The parties agree that the affordability controls shall not expire until such time at least 30 years from the date of initial occupancy, that the Township takes action to release the controls on affordability, and thereafter the affordability controls shall continue in effect until the date on which the individual affordable rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the release of the affordability controls by the Township, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days. The term "family rental" in this redevelopment plan means rental units that are not age-restricted.
3. 
Deed restriction. The developer shall execute and record a deed restriction for the affordable units before the first certificate of occupancy is issued for the inclusionary development. The deed restriction will be recorded in the Union County Clerk's office.
4. 
Income distribution requirements. Thirteen percent of the total number of the affordable rental units must be very-low-income units, 37 of the total number of affordable rental units must be low-income units, and the remaining 50% may be moderate-income units. The income distribution shall be subject to approval by the Superior Court of Union County and the Special Master.
5. 
Bedroom mix. Pursuant to N.J.A.C. 5:80-26.3(b), the number of efficiency and one-bedroom units is no greater than 20% of the total low- and moderate-income units; at least 30% of all low- and moderate-income units are two-bedroom units; and at least 20% of all low- and moderate-income units are three-bedroom units. The bedroom distribution of the affordable rental units in the inclusionary development shall be as follows:
(a) 
One bedroom: six units;
(b) 
Two bedrooms: 21 units;
(c) 
Three bedrooms: seven units.
6. 
Other affordable unit housing requirements. The developer shall also comply with all of the other requirements of UHAC and the Township's Affordable Housing Ordinance,[3] including, but not limited to, affirmative marketing requirements, candidate qualification screening requirements; integrating the affordable units among the market-rate units in buildings K and L; and unit phasing requirements. The developer shall reasonably disperse the affordable units within the proposed residential buildings K and L on the property, and shall provide the exact location of each affordable unit at the time of site plan application, which shall be subject to review and approval by the Township's Planner and Special Master.
[3]
Editor's Note: See § 19-7, Affordable Housing, of Ch. 19, Land Use Procedures.
7. 
Administrative agent. The developer shall contract with a qualified and experienced third-party administrative agent, which may be the Township's administrative agent (the "administrative agent") for the administration of the affordable units and shall have the obligation to pay all costs associated with properly deed restricting the affordable units in accordance with the settlement agreement for the deed restriction period. The developer and its administrative agent shall work with the Township and the Township's administrative agent, should the developer's administrative agent and the Township's administrative agent not be one and the same, regarding any affordable housing monitoring requirements approved by COAH or the Court. The developer shall provide, within 30 days after written notice, detailed information reasonable requested by the Township or the Township's administrative agent, should the developer's and the Township's administrative agent not be one and the same, concerning the developer's compliance with UHAC, the Township's Affordable Housing Ordinance, all applicable Court orders, and other applicable laws.
8. 
The developer shall construct and obtain certificates of occupancy for those buildings containing the affordable units, specifically buildings K and L, as shown on the concept plan in Exhibit 1.[4]
[4]
Editor's Note: Exhibit 1 is on file in the office of the Township Clerk.
i. 
Redevelopment actions.
1. 
Demolition. The redevelopment plan will involve the demolition of the existing, remaining improvements on the project site. As part of the demolition, all remains from the foundations of prior structures need to be removed. It is the responsibility of the redeveloper to remove all debris, including crushed concrete and garbage from the site, regardless of whether the debris was on the site prior to the start date of the project. The reuse of crushed concrete or other materials may be acceptable and shall be addressed as part of the site plan application.
2. 
New construction. The redevelopment plan will involve the new construction of seven townhouse buildings containing a total of 47 townhouse units and five garden apartment buildings containing a total of 181 garden apartments.
3. 
Properties to be acquired. This redevelopment plan will not involve the taking of any privately owned property.
4. 
Relocation. No residents will need to be relocated to complete this redevelopment plan.
j. 
Relationship to Land Use and Zoning Ordinances.
1. 
This redevelopment plan shall supersede all provisions of the Zoning and Development Regulations of the Township of Scotch Plains regulating development in the area addressed by this redevelopment plan. Final adoption of this redevelopment plan by the Township Council shall be considered an amendment of the Scotch Plains Zoning Map.[5]
2. 
The Zoning District Map in the zoning ordinances of the Township shall be amended to include the boundaries described in this redevelopment plan and the provisions therein. All of the provisions of this redevelopment plan shall supersede the applicable development regulations of the Township's ordinances, as and where indicated, for the redevelopment area. In the event of any inconsistencies between the provisions of this redevelopment plan and any prior ordinance of the Township of Scotch Plains, the provisions hereof shall be determined to govern.