Spring Lake Heights
City Zoning Code
City Zoning Code
§ 22-606.9
Affordable Housing AH-4 Zoning District.
[Added 9-16-2024 by Ord. No. 2024-15]
a.
The purpose of the Affordable Housing- 4 Zone (AH-4) is to provide for the development of an inclusionary development designed to assist the Borough in satisfying it's combined Prior Round and Round 3 Realistic Development Potential affordable housing obligation through the construction of affordable units set aside for low- and moderate-income households. The AH-4 zone shall comprise of the following tax lots: Lots 21.03 and 21.04, Block: 59 and the zoning map shall be amended accordingly. This subsection is adopted in furtherance of the settlement agreement entered into between the Borough and Pitney Commons, LLC, and in connection with the Borough's Mount Laurel litigation.
b.
Permitted principal uses.
1.
Inclusionary residential development with the 20 percent set aside for low- and moderate-income housing. A maximum of eighteen (18) units per acre but not more than fifteen (15) units total, four (4) of which must be classified as affordable units set aside for very-low-, low-, and moderate-income households and subject to all rules and regulations for such units.
(a)
Attached dwelling units, provided that no more than two (2) units are attached in one building.
(b)
Apartments, limited to one (1) building, with a maximum of four units. A basement area, consisting of a maintenance, mechanical, laundry, and property management office shall be permitted.
(c)
Detached three-bedroom single dwelling unit building, limited to one (1) building.
c.
Permitted accessory uses.
2.
Other uses that are customarily incidental to a permitted principal use.
3.
Fences erected, maintained or planted no greater than six (6) feet above grade level within any yard. Chain link, barbed wire, sharp pointed fences, canvas, cloth, and electrically charged fences are prohibited.
4.
Solid waste and recycling areas must be provided for each unit in each single or attached unit building and one area must be provided for the apartment building. The area must be located in the side or rear of each unit/building and must be located at least five (5) feet from any side or rear property line or any adjacent building. The area shall not be located in any front yard or building frontage nor adjacent to any driveway.
6.
HVAC units and generators shall only be permitted in the following locations:
(a)
On roof tops with a setback of five (5) feet from any parapet wall. The equipment may exceed the maximum permitted building height by five (5) feet, and all equipment must be properly screened from street view.
(b)
In a side or rear yard of each unit or building with a setback of five (5) feet from any adjacent building. The units may be at grade or mounted to the building.
7.
Electric Vehicle (EV) parking. EV parking shall comply with the regulations outlined in P.L. 1975, c291 (C.40:55D-66.20.3.a.1).
d.
Prohibit uses.
1.
Parking or storage of boats, boat trailers, motorhomes, and recreational vehicles.
e.
All, area and building requirements.
1.
Minimum lot size = 38,000 square feet.
2.
Minimum lot width = 50 feet.
3.
Minimum lot frontage = 50 feet.
4.
Minimum lot depth = 150 feet.
5.
Minimum setbacks for principal buildings.
(a)
Minimum front yard setback = 30 feet (Church Street).
(b)
Minimum front yard setback = 15 feet (Pitney Drive).
(c)
Minimum rear yard setback = 5 feet.
(d)
Minimum side yard setback = 5 feet.
(e)
Minimum of separation between buildings = 10 feet.
(f)
Maximum roof height = 40 feet.
(g)
Maximum number of stories = 3 stories.
(h)
Maximum building coverage = 30%.
(i)
Maximum lot coverage = 80%.
6.
Each attached and single unit building must provide one (1) garage space per unit. Parking for all apartment units shall be provided on-site but will not require garage spaces.
7.
Access steps and landing for the apartment building may encroach up to five (5) feet into any required side yard.
g.
Signs.
1.
One monument sign with a maximum sign area of 40 square feet is permitted along each lot frontage subject to a 10-foot setback from any right of way.
2.
Each sign may be externally lit with goose neck lighting, ground mounted lighting or backlit letters. Interior illuminated letters or internally illuminated signage shall not be permitted.
3.
Monument signs shall be made of stone or some other attractive material similar to the architectural design of the principal buildings.
4.
Monument sign bases shall be appropriately landscaped.
5.
Pole signs are prohibited.
6.
Directional signs and pavement markings designed and used to control or divert the flow of traffic upon or within the lot shall be permitted.
7.
Posted "warning", "no trespassing" and "danger" signs not exceeding two square feet are permitted, and no sign permit shall be required.
h.
Affordable housing.
1.
The affordable units shall not be age restricted units.
2.
The bedroom distribution and income distribution of the units available to low- and moderate-income households shall be in compliance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-1 et. seq., except that 13% of the low-income units shall be available to very-low-income households which are at 30 percent of the medium income of the applicable region.
3.
Pursuant to the Uniform Housing Affordability Controls, NJAC 5:80-26.1, et seq. (UHAC), the affordable units shall be subject to affordability controls of at least 30 years from the date of initial occupancy and affordable deed restrictions as provided by UHAC, with the sole exception that very low income shall be defined as at or below 30% of median income pursuant to the Fair Housing Act, and the affordability control shall remain unless and until the Borough, at its sole discretion, takes action to release the units from such controls after at least 30 years. If the Borough acts to release the units from such controls, affordability control shall remain in effect until the date on which the rental unit shall become vacant due to voluntary departure of the occupant household in accordance with NJAC 5:80-26.11(b). The deed restriction shall state the minimum bedroom size and income level for each affordable unit.
4.
The affordable units shall comply with the UHAC regulations with regards to pricing of rents.
5.
Certificates of Occupancy for the market rate units and the affordable units shall be phased in accordance with NJAC 5:93-5.6.(d). the affordable units shall be deed restricted prior to the issuances of the certificates of occupancy, and a copy of the deed restrictions shall be provided to the Fair Share Housing Center upon recording.
6.
The developer shall contract with an experienced administrative agent in compliance with NJAC 5:80-26.14 and applicable law.
7.
The affordable units shall be affirmatively marketed in accordance with the UHAC, pursuant to NJAC 5:80-26.15, and all applicable law, by an experienced administrative agent. The affirmative marketing shall include posting of the affordable units availability on the New Jersey Housing Resource Center website in accordance with all 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 (15 W. Front St, Trenton, NJ 08608), the Latino Action Network (2560 US Hwy. 22, Suite # 322, Scotch Plains, NJ 07076), STEPS (14 Clifton Ave South, Lakewood, NJ 08701), Ocean, Inc. (40 Washington Street, Toms River, NJ 08753), the Greater Red Bank (P.O. Box 791 Red Bank, NJ 07701), Asbury Park/Neptune (P.O. Box 1143, Asbury Park 07712), Bayshore (P.O. Box 865 Matawan, 07747), Greater Freehold (P.O. Box 246 Marlboro Annex, NJ 07746), Greater Long Branch (P.O. Box 472 Long Branch, NJ 07740), and the Trenton Branches of the NAACP (395 W State St., Trenton, NJ 08618): and the Supportive Housing Association (185 Valley St, South Orange, NJ 07079) at least 90 days before any lottery to select applicants.