Sparta Township City Zoning Code
§ 18-8.5
Incentive Zoning and Mandatory Set-Asides.
[Ord. No. 08-03 § 1; Ord. No. 08-07 § 1; Ord. No. 2016-20 § 3]
a.
Applicability. The requirements contained in this subsection shall be applied in Sparta Township to all residential construction in all zones, mixed use residential and nonresidential construction, in the TCC Town Center Commercial Zone, TCPB Town Center Professional Business Zone, TCCO Town Center Commercial Office Zone, TCLC Town Center Limited Commercial Zone, C-2 Commercial Office and Service Zone, R-4, and C-1 Community Commercial Zone and all nonresidential zones and developments.
Responsibility for constructing affordable housing units shall be as provided for under this subsection. Developers that have received preliminary or final approval(s) prior to March 8, 2008 shall be exempt from complying with the provisions of this subsection, unless the developer seeks a substantial change in approval, or the plan is abandoned, approval lapses, or the period of protection pursuant to N.J.S.A. 40:55D-52 expires without extension. The triggering mechanism for incentive zoning and mandatory set-aside responsibility shall be the issuance of a building permit for new construction issued after adoption of this subsection.[1]
b.
Affordable Units Required for Residential Developments. Except for residential "inclusionary" developments which are otherwise required to have a set-aside of "very low," "low" and "moderate" income units as set forth in Subsection 18-4.2, any applicant for a residential development in Sparta Township that includes four or more residential lots and/or dwelling units shall be required to provide the number of affordable housing units equivalent to 20% of the total number of market rate units (15% if rental affordable are committed) which will result from the proposed development, with any decimal amount rounded to the next highest whole number.
As incentives to internally subsidize the required affordable housing units, a developer may utilize the following incentives.
1.
For residential developments constructing the incentive zoning affordable housing units on site, the developer may build one additional market-rate unit for each affordable unit constructed on site. The affordable units may be built on a lot of 1/2 or more acres in size, and may be single-family, duplex, triplex or quadraplex units. The density increases granted to allow the incentive one market-rate unit per affordable unit(s), the affordable units, and the alternate structure and use type for affordable units shall not require a "c" or "d" variance.
2.
For residential developments that make payments to the Township of Sparta in lieu of constructing affordable units, the developer may build up to 1/2 of a market-rate unit for each full contribution toward an affordable unit's costs. The affordable units may be built on a lot of 1/2 or more acres in size, and may be single-family duplex, triplex or quadraplex units. The density increases granted to allow the incentive 1/2 market-rate unit per affordable unit, the affordable unit(s), and the alternate structure and use type for affordable units shall not require a "c" or "d" variance.
c.
Affordable Unit Optional Incentives for Nonresidential and Mixed Use (Residential and Commercial) Developments. At the option of the applicant for development, nonresidential or mixed use (residential and commercial) development shall be permitted in Sparta Township in zones that permit commercial and mixes uses. An applicant for a nonresidential or mixed use (residential and commercial) development in Sparta Township that elects these optional incentives shall provide an affordable unit on site or off site in Sparta Township for each 5,000 square feet of additional commercial square footage.
As incentives to internally subsidize the required affordable housing units in nonresidential and mixed use developments, developers shall be permitted to include a 10% additional impervious coverage amount over and above the permitted impervious coverage in any commercial or mixed use site plan. As a second incentive such developers shall be permitted to construct affordable residential units above or beside retail, office and mixed uses. As a third incentive to nonresidential developers that construct affordable housing on site, they shall be permitted to demonstrate shared parking for mixed use building projects and reduce the parking requirements for the affordable housing portion of the project by 50%.
d.
"Very Low," "Low" and "Moderate" Income Split. 50% of the affordable housing units required to be produced in accordance with Subsections b and c hereinabove shall be available to "very low" and "low" income households and 50% shall be available to "moderate" income households, provided that any single remaining unit shall be available to a "low" income household. 13% of the total affordable housing units shall be affordable to "very low income" households.
e.
Compliance with COAH and UHAC Rules and this Ordinance. All affordable housing units shall fully comply with all applicable "Substantive Rules" and policies of COAH and UHAC and this Ordinance No. 2016-20 including, but not limited to, bedroom distribution, controls on affordability, household income qualification and eligibility, range of affordability, affirmative marketing and the construction phasing of the market-rate versus the affordable housing units. 13% of the total affordable housing units shall be affordable to "very low income" households.
f.
Payments in Lieu. For residential development which proposes more than four residential units, the developer shall be required to provide on-site production of affordable housing, and for any fractional or partial obligation remaining after the production of the mandated affordable housing units, shall pay the pro rata contribution for each new housing unit in an amount agreed to by the applicant and the Township of Sparta.
g.
Alternative Methods of Compliance. Except for major subdivision or site plan approvals involving four or more units or 10,000 square feet of commercial space pursuant to the optional incentives authorized in Subsection c above, and further provided the developer obtains advanced written permission from the Sparta Township Council, the developer may choose to satisfy its affordable housing obligation calculated in accordance with Subsections 2 and 3, in compliance with one or more of the following alternatives as permitted by COAH's "Substantive Rules" as set forth below:
1.
On-site production affordable housing units;
2.
The purchase of an existing market rate dwelling unit within the municipality and its conversion to an affordably priced and affordably deed-restricted unit;
3.
The purchase of an existing market rate dwelling unit within the municipality and its conversion to a "supportive and special needs housing" facility (i.e., group home); and/or
4.
Participation in gut rehabilitation and/or buy down/write down or buy-down/rent down programs; and/or
5.
Payment in accordance with Subsection f.
Developers shall obtain written permission from the Township Council endorsing the developer's plan for satisfying the affordable housing obligation created by the proposed development which shall be submitted to the Township Planning Board or Zoning Board at the time the application for development is submitted for review and approval and shall be considered a condition for the application being determined "complete." |
h.
Other Design Considerations.
1.
More than one affordable unit may be on a building lot. Affordable single-family, duplex, triplex and quadraplex structures are hereby permitted in Sparta Township.
2.
The affordable housing structures shall be consistent in size and architectural features with the neighborhood or as approved by the Township Planning Board and/or Zoning Board.
3.
Septic systems for the affordable housing units on the same lot (other than in the Sparta Town Center, which shall be connected to the sewer system) may only share the leach field and shall be maintained with an annual maintenance fee from each unit. Each owner shall maintain other septic system components. Any septic system arrangement under this provision is subject to the Board of Health approval.
4.
Affordable housing must comply with the accessibility and adaptability requirements of N.J.A.C. 5:94-3.14.
i.
Construction of Affordable Units. Residential units shall be constructed on a schedule in accordance with the COAH regulations:
Percentage of Market Rate Units Completed | Minimum Percentage of Very Low, Low and Moderate Income Units Completed |
|---|---|
25 | 0 |
25 plus 1 unit | 10 |
50 | 50 |
75 | 75 |
90 | 100 |
Nonresidential development shall be constructed based upon the same percentages above by substituting nonresidential development for market rate units. |
j.
Housing Permitted. Incentive zoning affordable housing is a permitted use in every residential and nonresidential zoning district to the extent that production of affordable housing units is mandated or allowed by this subsection.
k.
Appeals. Developers subject to this inclusionary incentive zoning and mandatory set asides ordinance may appeal to the reviewing Board pursuant to N.J.S.A. 40:55D-c(1) hardship standards to demonstrate to the satisfaction of the Board that the increased density or intensity and/or reduced costs do not provide an appropriate level of compensation commensurate with the amount of affordable housing required. The reviewing Board may grant relief including, but not limited to, additional incentives or reductions in the affordable units required or any combination thereof deemed appropriate by the Board to eliminate the "hardship" and provide sufficient incentives.
l.
Additional Incentives and Set Aside Requirements and Standards in the TCC, TCCO, TCLC and TCPB Zone Districts.
[Added 3-10-2020 by Ord. No. 2020-04]
1.
Intent and Purpose. As additional incentives to encourage apartment/multifamily units and buildings and mixed-use buildings with commercial and offices with apartment/multifamily units in the TCC, TCCO, TCLC, TCPB Zones, the following incentives and standards shall apply.
(a)
Mixed use buildings with commercial and/or office uses that include apartments/multifamily units ("Mixed-use") and apartment/multifamily unit buildings are permitted in the TCC, TCCO, TCLC and TCPB Zones, provided they comply with the standards of this Subsection 18-8.5 entitled "Incentive Zoning and Mandatory Set Asides" and the other requirements of the respective zones, including the design standards for the Town Center set forth in Subsection 18-4.24e10.
(b)
The incentives shall include the following for lots greater than two acres in size:
(1)
Apartment/multifamily unit buildings and mixed-use buildings that include apartments/multifamily units ("mixed-use") with a height up to four stories and 62 feet, including up to two stories of underground or basement parking shall be permitted.
(2)
The maximum impervious coverage for lots dedicated specifically to an apartment/multifamily use or mixed-use development as described in this ordinance may be increased as follows:
(i)
Maximum impervious coverage for three-story buildings shall be 70%.
(ii)
Maximum impervious coverage for four-story buildings shall be 80%, with the condition that 15% of the total units in any four-story building shall be for-sale units that are voluntarily offered as part of any application to a Township Land Use Board, and confirmed by the applicant in the development agreement.
(iii)
In the TCLC Zone, the increase in the permitted impervious coverage as described in this section shall be calculated based only on the lot(s) devoted solely to the apartments/multifamily or mixed-use buildings and structures. The overall coverage provisions of the TCLC Zone shall continue to apply to the overall site plan for the entire site.
(iv)
In the TCPB Zone, the increase in the permitted impervious coverage as described in this section shall be calculated based only on the lot(s) devoted solely to the apartments/multifamily or mixed-use buildings and structures. The overall impervious coverage provisions of the TCPB Zone shall continue to apply to the overall site plan for the entire site.
(3)
The maximum density permitted for apartment/multifamily unit buildings and mixed-use developments shall be as follows:
(i)
Thirty dwelling units per acre for four-story buildings.
(ii)
Twenty-two dwelling units per acre for three-story buildings.
(iii)
In the TCPB Zone, the maximum number of apartment/multifamily units shall continue to be 100 units with a minimum of 25 affordable units. The incentive standards under Subsection 18-8.5l1(b)(1) regarding building height and underground parking and Subsection 18-8.5l1(b)(2) regarding impervious coverage shall apply the TCPB Zone.
(c)
The following standards shall apply to apartment/multifamily unit buildings and mixed-uses:
(1)
Setbacks:
(i)
A minimum side yard setback of 10 feet shall be required.
(ii)
A minimum rear yard setback of 20 feet shall be required.
(iii)
For front yard setbacks of 25 feet or less, the maximum permitted building height shall be 40 feet and three stories.
(iv)
For minimum front yard setbacks of 50 feet, the maximum permitted building height shall be 62 feet and four stories.
(2)
For all apartment/multifamily uses or mixed-use developments, the mandatory affordable set aside shall be 15% for rental units and 20% for sale units.
(3)
No three-bedroom market rate units shall be permitted. Affordable three-bedroom units shall be permitted, as required by COAH rules and the Township Code.
(4)
Sidewalks shall be provided to connect the apartment, multifamily building or mixed-use buildings to at least one public street in the Town Center Zones.
(5)
Streetscape improvements along the street (or any other public right-of-way that property may contain frontage) shall be improved to the standards recommended in the Township Town Center Development Design Guidelines and Main Street Improvements, which include sidewalk replacement of at least six feet in width with decorative paving, Belgian block curbs, and patterned crosswalks; decorative street lighting; ornamental and shade trees; planters; benches; trash receptables; and other typical street furniture at the direction of the approving Land Use Board.
(6)
Signage.
(i)
One freestanding sign at each driveway to a public roadway shall be permitted and shall not exceed 12 square feet in area.
(ii)
No facade signs are permitted, except facade signs for the commercial or office portion of the mixed-use buildings, as allowed under the ordinances for the commercial or office use in the respective zones.
(7)
Professional property managers shall maintain the development and shall be on-call 24 hours a day, seven days per week.
(8)
All apartment/multifamily developments or mixed-use developments shall include an amenities package as part of any application to a Township Land Use Board. The amenities package shall include at a minimum, but not be limited to, the following examples: a community room; exercise facility; storage/delivery area; and terraces, patios, and indoor and outdoor passive and active recreations area.
(9)
The architectural design and building materials shall be built to same standards for all building facades and elevations.
(10)
Parking requirements shall conform to the New Jersey Department of Community Affairs' ("NJDCA") Residential Site Improvement Standards ("RSIS") for all residential uses. The off-street parking requirements shall conform to the Township ordinances for all commercial and office portions of any mixed-use buildings. The reviewing board may authorize shared parking exceptions where the record demonstrates that the mixture of uses will have adequate parking as a result of a shared parking approach.
(11)
Structured Parking shall be wrapped to partially enclose any parking level with the same architectural design and building materials as the main portion of the building.