Spring Lake Heights
City Zoning Code
City Zoning Code
§ 22-606.8
Affordable Housing AH-3 Zoning District.
[Added 9-16-2024 by Ord. No. 2024-11]
a.
The purpose of the Affordable Housing AH-3 Zone ("AH-3 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-3 Zone shall comprise the following tax lots: Lots 2 (Parcel B), 3 & 4 (Parcel A), Block 46.01 and the zoning map shall be amended accordingly. This Ordinance is adopted in furtherance of the Settlement Agreement entered into by and between the Borough and Fair Share Housing Center (hereinafter the "Settlement Agreement") in connection with the Borough's Mount Laurel litigation captioned at MON-L-1916-21.
b.
Permitted Principal Uses.
1.
Residential development with seven (7) low- and moderate-income housing units on Parcel B and forty (40) unrestricted market units on Parcel A maximum of forty-seven (47) residential units are permitted.
2.
Mixed use residential building with a minimum nonresidential floor area of 600 square feet on the ground floor, located on Parcel A. Commercial and retail uses shall be those permitted in the B-3 Zone.
c.
Permitted Accessory Uses.
1.
Off-street parking and loading 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 and fifty (50%) open.
4.
Decks, porches, balconies, and patios.
5.
Community amenities may include dog runs, community gardens, recreation areas, sitting areas (pergolas) and fire pits.
6.
Bike racks.
7.
Electrical Vehicle Charging Stations.
8.
Solid waste and recycling area, setback at least fifteen (15) feet from any rear or side yard.
9.
Site Lighting. The arrangement of exterior lighting shall adequately illuminate parking areas and prevent glare to adjoining residential areas.
10.
Utilities, including HVAC units, transformers, emergency generators and water boxes/vaults.
12.
Temporary construction and/or sales trailers.
e.
Parcel A: Bulk, Area, and Building requirements:
1.
Minimum Lot Area: 50,000 square feet.
2.
Minimum Lot Frontage: 150 feet.
6.
Maximum Building Height[3]: 40 feet (3.5 stories).
[3]
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. To qualify as a "half story", the occupied area cannot exceed 75% of the area of the floorplate below. For a sloped roof, the half story may not alter the slope of the roof and may only intrude to a maximum of 33% of the linear length of a building side with dormers or skylights. For a flat roof, the half story must set back from the lower story by at least five (5) feet, creating a stepped or "wedding cake" effect.
7.
Maximum Building Coverage: 50%.
8.
Maximum Lot Coverage: 75%.
10.
The buffer for Parcel A having 20-foot rear yard setback from the property line shall be planted on a berm and will include a fence along the property line.
f.
g.
Site Access, Off-Street Parking and Loading Requirements.
1.
Each parcel shall have independent access to State Highway Route 71 with cross-access established by an easement between the parcels.
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 to all the residential units on-site, notwithstanding the presence of commercial uses.
3.
The quantity of parking for commercial and retail uses per the parking requirements of the ordinances.
4.
If necessary, Parcel A shall provide a parking easement for Parcel B. No loading space is required for any commercial or retail development.
h.
Signs.
1.
One (1) monument sign with a maximum sign area of 40 square feet is permitted along the lot frontage subject to a ten (10) foot setback from the property line. The sign may be back-lit or use ground lighting or a combination of both.
2.
Wall or canopy mounted, illuminated address sign is permitted with a maximum sign area of five (5) square feet.
i.
Miscellaneous.
1.
Projections from buildings, such as but not limited to, balconies, patios, chimneys, terraces, and windows may extend into the building setback provided such encroachment is limited to 24".
2.
Patios shall be setback no less than eight (8) feet from the side lot line. No patios shall be permitted in the front yard.
3.
Development of the AH-3 Zone is exempt from any other Borough standard conflicting with the standards established herein.
4.
No municipal standards regulating tree removal or tree replacement shall apply.
j.
Affordable Housing.
1.
The affordable units shall be non-age restricted rental units.
2.
There shall be one (1) 1-bedroom affordable housing unit; four (4) 2-bedroom affordable housing units; and two (2) 3-bedroom affordable housing units and the affordable housing units shall meet the very-low-, low-, and moderate-income household split required by the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et. seq. ("UHAC").
3.
Pursuant to UHAC, the affordable units 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 to 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.
4.
The affordable units shall comply with the UHAC regulations with regards to the pricing of rents.
5.
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.
6.
The developer shall contract with an experienced administrative agent in compliance with N.J.A.C. 5:80-26.14 and applicable law.
7.
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.