Spring Lake Heights
City Zoning Code
City Zoning Code
§ 22-606.7
Affordable Housing AH-2 Zoning District.
[Added 11-20-2023 by Ord. No. 2023-08]
a.
The purpose of the Affordable Housing AH-2 Zone ("AH-2 Zone") is to provide for the development of an inclusionary development designed to assist the Borough in satisfying its combined Prior Round and Round 3 (1999-2025) Realistic Development Potential ("RDP") affordable housing obligation through construction of affordable units set aside for low and moderate income households. The AH-2 Zone shall comprise the following tax lots: Lots 5 & 7, Block 46.01 and the zoning map shall be amended accordingly. This subsection is adopted in furtherance of the Settlement Agreement entered into between the Borough and Lombardi Residential, LLC (hereinafter the "Lombardi Settlement Agreement"), and in connection with the Borough's Mount Laurel litigation captioned at MON-L-1916-21.
b.
Permitted Principal Uses.
1.
Inclusionary residential development with a twenty percent (20%) set aside for low and moderate income housing. A maximum of sixteen (16) residential units are permitted.
2.
Townhomes, provided that no more than five (5) units be attached in one building, with a maximum of thirteen (13) units.
3.
Mixed use building, with a minimum nonresidential floor area of one thousand (1,000) square feet on the ground floor. Commercial, retail, and uses permitted in the B-3 Zone. Residential apartment units are permitted on, and above the first floor with a maximum of three (3) units.
4.
Multiple principal uses are permitted in accordance with this subsection.
c.
Permitted Accessory Uses.
1.
Off-street parking facilities.
2.
Other uses that are customarily incidental to a permitted principal use.
3.
Fences and walls erected, maintained or planted no greater than six (6) feet above ground level within a side or rear yard, and no greater than four (4) feet within a front yard.
4.
Decks, porches, balconies and patios.
5.
Bike racks.
6.
Solid waste and recycling area, setback at least fifteen (15) feet from any rear yard or side yard. Parking area setback at least five (5) feet from any property line.
7.
Site lighting. The arrangement of exterior lighting shall adequately illuminate parking areas and prevent glare to adjoining residential areas.
8.
HVAC units and generators.
d.
Prohibited Uses.
1.
Parking or storage of boats, boat trailers, motor homes, and recreational vehicles.
e.
Bulk, Area and Building requirements (overall tract and townhouse development).
1.
Minimum lot size: fifty thousand (50,000) square feet.
2.
Minimum lot frontage: one hundred fifty (150) feet.
3.
Minimum lot depth: two hundred (200) feet.
4.
Minimum setbacks to building:
5.
Maximum building height: thirty-eight (38) feet/three and five-tenths (3.5) stories.[2]
[2]
Building height shall mean the vertical distance from the average finished grade measured at the structure's foundation to the midpoint for pitched roofs and to the top of the flat surface for flat roofs. Parapets, chimneys, antennas, cupolas, elevator equipment, weathervanes and mechanical and utility equipment may exceed the permitted building height by five (5) feet.
6.
Maximum building coverage: forty percent (40%).
7.
Maximum lot coverage: seventy-five percent (75%).
8.
Minimum parking setback from side lot line: ten (10) feet.
9.
Minimum parking setback rear from lot line: forty (40) feet.
10.
Minimum drive aisle setback from a side lot line: five (5) feet.
f.
Bulk, Area and Building Requirements (mixed use).
1.
Minimum lot size: five thousand (5,000) square feet.
2.
Minimum lot frontage: forty (40) feet.
3.
Minimum lot depth: forty (40) feet.
4.
Minimum setbacks to building:
5.
Minimum rear yard setback: twenty (20) feet.
6.
Maximum building height: thirty-eight (38) feet/three and five-tenths (3.5) stories.[4]
[4]
Building height shall mean the vertical distance from the average finished grade measured at the structure's foundation to the midpoint for pitched roofs and to the top of the flat surface for flat roofs. Parapets, chimneys, antennas, cupolas, elevator equipment, weathervanes and mechanical and utility equipment may exceed the permitted building height by five feet.
7.
Maximum building coverage: sixty percent (60%).
8.
Maximum lot coverage: eighty-five percent (85%).
g.
Site Access, Off-Street Parking, and Loading Requirements.
1.
One site access driveway shall be provided with a minimum width of twenty (20) feet.
2.
Number of spaces, and parking space dimensions, as required by New Jersey Residential Site improvement Standards at N.J.A.C. 5:21-1.1 et seq. (RSIS) shall apply, notwithstanding any standards to the contrary in the zoning ordinance.
3.
Commercial and retail uses per the parking requirements of this chapter. Space dimensions in accordance with RSIS.
4.
No loading space is required.
h.
Signs.
1.
One (1) monument sign with a maximum sign area of forty (40) square feet is permitted along the lot frontage subject to a ten (10) foot setback from Route 71 prior to any dedication that may be required. The sign may be back-lit or use ground lighting or a combination of both.
2.
Wall mounted, non-illuminated address sign is permitted with a maximum sign area of five (5) square feet.
i.
Design Standards. Building should have a unified theme, displayed through the application of common building materials.
j.
Miscellaneous.
1.
Projections from buildings, such as, but not limited to, balconies, patios, chimneys, and windows may extend into the building setback provided such encroachment is limited to twenty-four (24) inches and in the case of patios no more than five (5) feet.
3.
A five (5) foot planted buffer around the perimeter of the overall tract side and rear yard is required starting at seventy-five (75) feet from the front property line. The planted buffer shall not be required in stormwater features provided a fence is constructed.
4.
No municipal standards regulating tree removal or tree replacement shall apply.
5.
In the event the calculated affordable housing obligation results in a fractional number the developer shall be permitted to make a payment in lieu derived from the calculation for payments in N.J.A.C. 5:97-6.4(c) for COAH Region 4, payable to the Borough's Affordable Housing Trust Fund.
k.
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract. A developer shall be permitted to further subdivide the overall tract to create fee simple townhouse lots and a mixed-use lot without any variance relief from the bulk standards, including but not limited to, building, parking, and drive aisle setbacks.
1.
Affordable Housing.
(a)
The affordable units shall be non-age restricted rental units.
(b)
One (1) one-bedroom affordable housing unit shall be affordable to eligible very-low- income households, as defined as those households earning thirty percent (30%) or less of the regional median income, pursuant to N.J.S.A. 52:27D-329.1. One (1) two-bedroom affordable housing unit shall be affordable to eligible moderate income households earning sixty percent (60%) or less of the regional medial income. One (1) three-bedroom affordable housing unit shall be affordable to eligible low-income households earning fifty percent (50%) or less of the regional medial income.
(c)
Pursuant to the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1, et seq. ("UHAC"), the affordable unit shall be subject to affordability controls of at least thirty (30) years from the date of initial occupancy and affordable deed restrictions as provided for by UHAC, with the sole exception that very low income shall be defined as at or below thirty percent (30%) of median income pursuant to the Fair Housing Act, and the affordability controls shall remain unless and until the Borough, in its sole discretion, takes action release the unit from such controls after at least thirty (30) years. If the Borough acts to release the unit from such controls, affordability controls shall remain in effect until the date on which a rental unit shall become vacant due the voluntary departure of the occupant household in accordance with N.J.A.C. 5:80-26.11(b). The deed restrictions shall state the bedroom size and income level for each affordable unit.
(d)
The affordable units shall comply with the UHAC regulations with regards to the pricing of rents.
(e)
Certificates of occupancy for the market rate units and the affordable units shall be phased in accordance with N.J.A.C. 5:93-5.6(d). The affordable units shall be deed restricted prior to issuance of the certificates of occupancy, and a copy of the deed restrictions shall be provided to Fair Share Housing Center (510 Park Boulevard, Cherry Hill, New Jersey 08002) upon recording.
(f)
The developer shall contract with an experienced administrative agent in compliance with N.J.A.C. 5:80-26.14 and applicable law.
(g)
The affordable unit shall be affirmatively marketed in accordance with the UHAC, pursuant to N.J.A.C. 5:80-26.15, and applicable law by an experienced administrative agent. The affirmative marketing shall include posting of the affordable unit in the New Jersey Housing Resource Center website in accordance with applicable law as well as written notice to the following community and regional organizations: Fair Share Housing Center, Inc. (510 Park Boulevard, Cherry Hill, NJ 08002); the New Jersey State Conference of the NAACP; the Latino Action Network (P.O. Box 943, Freehold, NJ 07728); STEPS, OCEAN, Inc.; the Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, Greater Long Branch, and the Trenton branches of the NAACP; and the Supportive Housing Association at least ninety (90) days before any lottery to select applicants.