Springfield Township
City Zoning Code
City Zoning Code
ARTICLE V
District Regulations
§ 35-14 SCHEDULE OF ZONING LIMITATIONS.
[Ord. No. 2003-18]
The Schedule of Zoning Limitations accompanies and is hereby made part of this chapter. The regulations contained in the Schedule of Zoning Limitations, in conjunction with the Supplemental Use and Building Regulations set forth herein, govern the use of land in the Township of Springfield.
Editor's Note: The Schedule of Zoning Limitations, referred to herein, may be found in Appendix A and is included as an attachment to this chapter. See also Appendix C, Zone Data.
§ 35-15 SUPPLEMENTAL USE AND BUILDING REGULATIONS.
[Ord. No. 2003-18]
The use and building regulations contained in this section supplement and are in addition to the regulations for each district contained in the Schedule of Zoning Limitations.
§ 35-15.1 S-120, S-75, S-60 Single-Family Residential Districts.
[Ord. No. 2003-18; Ord. No. 2010-36; Ord. No. 2013-07 § 1(A); amended 4-13-2021 by Ord. No. 2021-08]
a.
Design of Structures. No structure shall hereafter be erected, constructed or placed, in any residential zone, which shall be substantially similar to any neighboring structure, as herein after defined, whether said neighboring structure be then in existence, or whether a construction permit has been issued or applied for. No building shall be altered or enlarged to be substantially similar to any neighboring structure. Said structure shall not be inappropriate to its neighborhood with respect to the elements of exterior design affecting the character of the neighborhood such as size, height and materials used in construction, with particular attention given to:
b.
Design Schedule.
1.
The following design schedule shall be followed for any development without regard to sectional subdivision thereof:
Total Number of Homes in Proposed Development | Minimum Number of Different Basic Type Floor Plans Required | Minimum Number of Different Front Elevations Required For Each Type of Floor Plans |
|---|---|---|
1 to 10 inclusive | 1 | 3 |
11 to 25 inclusive | 1 | 5 |
26 to 50 inclusive | 2 | 3 |
51 and over | 3 | 3 |
Structures between which the only difference in relative location of elements is end to end or side to side, increase or decrease in width or depth of structure or the reversal of elements, shall be deemed to be like each other. |
2.
In relation to the premises with respect to which a structure is sought to be erected, constructed, placed, altered or enlarged, said structure shall be deemed to be a neighboring structure if the subject property is either of the following:
c.
Drainage and Driveway Design. For any individual single-family lot a grading plan shall be submitted to the Department of Engineering, Construction Services and Code Enforcement for approval prior to the issuance of a building permit. The grading plans and driveways serving individual single family homes shall meet the following standards:
[Amended 12-18-2018 by Ord. No. 2018-24]
1.
Grading shall be sloped downward from all walls and foundations of buildings to adequate out-falls or to drainage swales discharging into adequate outfalls.
2.
Vertical fall shall be a minimum of six inches and the horizontal length of said fall shall be a minimum of 10 feet except as restricted by limitation of property lines wherein the six inch fall must be to the property line.
3.
Balance of lot gradient for unpaved areas shall be a minimum of 2%.
4.
Maximum slopes for usable rear yards shall be 5/8 inch per foot 5.2% away from building for a fifteen-foot distance.
5.
Maximum slopes for usable front and side yard areas shall be two inches per foot 16.7% away from building for a minimum four foot distance, except as limited by side lot lines.
6.
All other areas shall be graded no steeper than two feet horizontal to one foot vertical unless held by satisfactory existing cover or rock outcropping.
7.
Top and bottom of banks shall be rounded for convenient maintenance.
8.
All areas shall be sloped to lower elevations off the lot or to drainage structures on the lot.
9.
All driveways leading to garages which are detached or attached to or part of a building, the doors of which face the street, shall slope downward from the garage to the street as per the New Jersey Residential Site Improvement Standards (RSIS).
10.
All driveways shall be at least nine feet in width, except that driveways providing access to a two car garage shall provide an eighteen-foot width for a distance of at least 30 feet from said garage.
11.
All driveways providing direct access to a County or State roadway shall provide an on-site turnaround to prevent vehicles from backing directly onto said roadway.
12.
No driveway shall be located within five feet of a side property line, except that within the S-60 Zone, driveways may be located within two feet of a side property line.
13.
All driveways shall be at least 20 feet long, as measured from the building facade to the nearer of the sidewalk line or paved portion of the roadway.
14.
Driveways providing access to corner or through lots shall be limited to the street with the lower traffic volume only, or, in the case of intersecting and/or parallel streets with substantially the same traffic volume, to only one of the intersecting and/or parallel streets. The driveway shall be located so as to avoid interfering with sight distance.
15.
In addition, the following items must be included on the plan:
(a)
Existing grades.
(b)
Proposed grades.
(c)
Existing grades of all lots and streets within 20 feet of the property in question.
(d)
Quantity in cubic yards of all soil being disturbed on the property. That includes soil moved from or to the property.
(e)
Soil erosion measures in accordance with the Soil Conservation District of Union/Somerset Counties.
(f)
Present and proposed surface water drainage including drainage calculations.
(g)
North arrow.
(h)
Existing and proposed structures, driveways and walkways.
(i)
Block, lot, property address and area.
d.
Proof of Compliance. In addition to all requirements with respect to the submission and approval of subdivision plats required by this chapter, regulations adopted by the Board pursuant thereto, and other municipal requirements with respect to subdivision approval, application to the Construction Code Enforcement Official for one or more construction permits in a residential subdivision shall be accompanied by a subdivision plat reflecting compliance with the provisions of Subsection 35-15.1a through c, including the following:
1.
The type of house as to floor plan and exterior elevation to be erected on each lot.
2.
The final grade elevations for each lot giving grade points at the four corners of the lot and the four corners of the house.
3.
Indication of all necessary swales together with the ground elevations along same.
4.
The finished first floor elevation of the house be shown indicating that there shall be a minimum of a four inch step down between the house and the garage.
5.
Grading design reflecting preservation of natural site features where practicable.
6.
Provisions for diversion of water away from buildings and prevention of standing water and soil saturation detrimental to structures and to lot use.
7.
Provision for disposal of water from the lot.
8.
Provision for appropriate finished grades for safe and convenient access to and use of lot areas with ease of maintenance and for safe access around the building for its maintenance.
e.
Location of Freestanding Air-Conditioning Equipment. Freestanding air-conditioning equipment shall be located a minimum of 10 feet from any property line, except that nonconforming air conditioning structures may be replaced without a variance from the Zoning Board of Adjustment provided the new unit does not increase the existing nonconforming characteristics of the structure.
f.
Accessory Use Home Occupations. Certain home occupations, shall be considered accessory use home occupations, if they do not violate any of the criteria of this section. These home occupations shall be permitted as of right as an accessory use if they conform to the following criteria, and a zoning permit is issued by the Zoning Officer:
1.
The home occupation shall be clearly subordinate to the residential use.
2.
Such home occupation shall be conducted by the owner or tenant residing on the premises.
3.
No employees other than residents are permitted.
4.
No more than 25% of the total floor area is allowed to be devoted to the home occupation.
5.
No outdoor storage is allowed.
6.
There shall be no more than five client/customer visits to the property per month.
7.
No retail sales or rentals are permitted on the premises.
8.
No personal services establishments are permitted.
9.
Site plan approval is not required.
10.
Home occupations shall not cause any off-site noise, odors, radiation, glare, radio interference, etc.
11.
No toxic or hazardous materials that would constitute a danger to the environment or neighboring properties shall be stored on the premises.
12.
Home occupations shall be allowed no more than two non-passenger car deliveries per day, excluding U.S. Mail delivery.
13.
No signs shall be permitted.
14.
No additional parking, other than that required for the residential use, shall be required.
15.
Any alteration to the dwelling for the home occupation shall maintain the residential character and appearance of the building.
g.
Location of Permanently Installed Generators. Permanently installed generators in residential zones shall not be permitted in any front yard. Such equipment shall be installed a minimum of 10 feet from the side yard property line, between the front yard setback and rear of the principal structure, or adjacent principal residential structure, whichever is further from the street. Such equipment shall be installed a minimum of 5 feet from all other side and rear yard property lines. Equipment shall be screened from adjacent property lines or public streets by appropriate wall, fence or planting subject to approval of the Zoning Officer. Equipment shall be installed in conformance with all flood elevation regulations. All installations shall require the appropriate building subcode approvals and meet all of the manufacturer's specifications. Testing of the generator shall occur only between the hours of 12:00 p.m. and 4:00 p.m. on weekdays.
[Amended 4-13-2021 by Ord. No. 2021-08]
h.
On stand-alone freestanding air conditioning, emergency generator, dish antennas, or pool equipment installation or replacement applications, if the area covered by such lot coverage increase is less than or equal to 30 square feet, such coverage shall be considered a permitted, de minimis increase of lot coverage for purposes of the installation. If the area of coverage exceeds 30 square feet, the entire area of the lot coverage increase shall count toward maximum permitted lot coverage.
[Added 4-13-2021 by Ord. No. 2021-08]
§ 35-15.2 M-R, Multifamily Residential District.
[Ord. No. 2003-18]
Within any M-R, Multifamily Residential District, no building or group of buildings shall be constructed except in conformance with the following:
b.
Spacing Between Buildings. In the layout of buildings on a lot or tract of land, the following minimum distances shall be maintained:
c.
Limitations For Units.
1.
When a two-story building is designed to provide a series of two-story dwelling units separated and attached by party walls, a maximum of eight dwelling units shall be contained in any one such building. First floor front and rear entrances shall be provided for each dwelling unit.
2.
No more than 32 dwelling units shall be permitted in any building.
d.
Occupancy Restrictions.
1.
There shall be no living quarters located above the second story.
2.
There shall be no living quarters in either a basement or a cellar.
3.
In every unit containing one or more bedrooms, access to every living room and bedroom and to at least one bathroom shall be had without passing through any bedroom.
e.
Ventilation. Unless originally designed and constructed to provide air conditioning for all dwelling units, every building shall be so designed that each unit within the building shall have not less than two exterior exposures for each dwelling unit, the same being properly pierced by windows in order to provide either through or corner ventilation. Freestanding air-conditioning equipment shall be located a minimum of 30 feet from any property line.
f.
Maximum Length of Front Facades. The maximum length of any front facade shall not exceed 160 feet before a break or offset in such facade is introduced. Such offset shall be a minimum of four feet.
g.
Circulation and Parking.
1.
Interior streets, roads and driveways shall comply with the requirements of the New Jersey Residential Site Improvement Standards.
2.
Pedestrian sidewalks shall be provided along both sides of all new streets and in locations wherever normal pedestrian traffic will occur.
3.
Parking including off street parking shall be provided in accordance with the requirements of the New Jersey Residential Site Improvement Standards.
4.
No parking area shall be located in the front yard of any apartment tract, nor within 10 feet of any property line which is adjacent to a single-family dwelling or district.
h.
Landscaping and Screening.
1.
All developments shall be provided with professionally designed landscaping schemes in accordance with the requirements in § 35-24 and as required by the approving authority.
2.
Open space designed and developed for recreational purposes, including landscaped areas, parks, ballfields or playgrounds, shall be provided and shall equal at least 15% of the tract.
i.
Utilities and Facilities.
1.
Refuse recycling and other utility areas, where provided, shall be located for the occupants' convenience and in such a manner as to enhance the aesthetic character of the development.
2.
Coin-operated laundry washing and drying machines may be located in the basement of the buildings for the sole use of the occupants. Outdoor drying of laundry is prohibited.
3.
In each development, master television antennas and/or cable equipment shall be built into the building(s). The erection of individual antennas on the roof(s) of any building is prohibited.
4.
The installation and design of other improvements and utilities shall comply with the improvements and design standards established in this chapter.
j.
Storage.
1.
Each building shall contain for each dwelling unit a minimum of 200 cubic feet of storage area in a convenient place in the basement or ground floor where personal belongings and effects of occupants may be stored without constituting a fire or health hazard.
2.
Each building shall contain for each dwelling unit 50 cubic feet of common storage area for bicycles, carriages and similar types of frequently used equipment and utensils.
§ 35-15.3 PUD, Planned Unit Development District.
[Ord. No. 2003-18]
a.
Tract Requirements. A Planned Unit Development (PUD) is permitted on any tract of land lying wholly within the PUD zone and containing a minimum of 50 contiguous acres. Parcels having fewer than 50 acres may be developed in accordance with the requirements of the S-75 Zone or, alternatively, the requirements of Subsections b and h herein provided that the maximum impervious surface coverage shall be limited to 60%, the maximum floor area ratio shall be limited to 0.20 and the tract boundary setback requirements at Subsection h6 need not apply.
b.
Permitted Principal Uses in a PUD.
1.
Townhouses in accordance with the standards set forth in Subsection g provided that no more than 65% of the gross tract area shall be devoted to such uses and further provided that no portion of any residential use shall be located within 600 feet of Route 22.
2.
Nonresidential uses limited to those uses listed below, provided that no more than 40% and no less than 35% of the gross tract area shall be devoted to such uses:
(a)
Retail and personal service stores and shops designed primarily to serve the daily needs of residents of the PUD, banks and bank branches, and small shopping centers containing the above permitted uses, developed in accordance with the standards for the N-C Zone and Subsection h herein, provided that such uses shall be located within 500 feet of Route 22, except that related parking may be located within 700 feet of Route 22.
(b)
Offices and office buildings, developed in accordance with the standards for the O Zone and Subsection h herein.
(c)
Any public or quasi-public use permitted in the M-R Zone.
3.
Common open space, which shall be equivalent in acreage to at least 15% of the townhouse residential portion of the tract.
c.
Permitted Accessory Uses in a PUD.
1.
Recreational facilities to serve residents and employees within the development.
2.
A bank branch, restaurant or cafeteria accessory to an office building, but only within an office building containing more than one office establishment.
3.
Off-street parking and loading, in accordance with the provisions of § 35-23 of this chapter, provided that all townhouse units shall provide at least one of the required parking spaces in a garage attached to the unit, and further provided that all individual driveways serving an individual unit shall provide a minimum driveway length of at least 20 feet, as measured from the building facade to the nearer of the curb or sidewalk line or paved portion of the roadway. Any visitor parking area for townhouse development shall be located within 200 feet of the units the area is intended to serve.
6.
Other accessory uses customarily incidental to the principal permitted use.
d.
Setbacks from Streets and Tract Boundaries. No building shall be located within 45 feet of any tract boundary nor within 60 feet of any existing street. Moreover, no building shall be placed within 20 feet of the right-of-way line of any street within the development nor within five feet of any parking area or driveway to a parking area.
e.
Maximum Building Height.
1.
No townhouse building shall exceed 35 feet in height and 2-1/2 stories.
f.
Maximum Number of Dwelling Units Permitted. The maximum number of dwelling units permitted within the PUD shall be nine dwelling units per acre computed on the land area remaining to the tract after having first subtracted the acreage of the land area to be devoted to permitted nonresidential uses.
g.
Spacing Between Residential Buildings. The residential portion of the PUD shall provide a minimum of 30 feet separation between buildings.
h.
Additional Development Standards, Permitted Non-Residential Uses. The following restrictions shall specifically apply to all nonresidential uses in the PUD:
1.
A maximum lot coverage of 75% and a maximum floor area ratio of 0.30 shall be permitted on each lot.
2.
At least the first 10 feet adjacent to any street or property line shall not be used for parking and shall be planted and maintained in lawn area or ground cover, or landscaped with evergreen shrubbery.
3.
No merchandise, products, waste, equipment or similar material or objects shall be displayed or stored outside.
4.
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.
5.
A thirty-foot wide landscaped area shall be maintained along any common property line with a residential district or use or residential portion of the PUD development, unless the Board approves a lesser width based on a more intensive landscape treatment, berming, or other buffering techniques.
6.
No wall of any principal or accessory building of a nonresidential use shall be erected closer than 50 feet from a residential building.
i.
Development Standards for Townhouses. No townhouse dwelling unit shall be constructed in the PUD Zone unless the following minimum standards are met in addition to other applicable requirements of this chapter:
1.
Each building and complex of buildings shall have an architectural theme with appropriate variations in design and shall be consistent with the design standards of this chapter.
2.
All dwelling units shall be connected to approved and functioning water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
3.
Each dwelling unit shall be provided with a private rear yard outdoor space consisting of a deck, patio and/or fenced or walled lawn area. The space shall have a minimum area of 120 square feet, provided that the average area of all private outdoor spaces for all units shall be 150 square feet.
4.
Sufficient area and equipment shall be made available within each building for the laundering and drying of laundry of the occupants of each building. Outdoor drying of laundry is prohibited.
5.
Dwelling units shall have access to a master television antenna or cable system. Individual townhouse units may not erect individual external television antenna.
6.
No townhouse dwelling unit shall be less than 20 feet wide.
7.
Fee simple townhouse lots shall meet the following additional requirements:
(a)
The boundaries of any individual lot shall not infringe upon or be counted as common open space areas, nor shall the boundaries of any lot be closer than five feet from any parking lot or driveway to a parking lot.
(b)
No construction permit shall be issued for any townhouse dwelling unit, at any time, unless the proposed construction is in accordance with the approved site plan, and this condition shall be recited in the deed of the subdivided townhouse lot.
8.
Offsets of at least four feet shall be provided between every two units along the front facade of townhouse buildings.
9.
Public streets and pedestrian sidewalks shall comply with the requirements of the RSIS.
10.
Adequate lighting shall be provided to minimize hazards to pedestrians and motor vehicles along interior streets, roads and driveways, in parking areas, near exterior and interior dwelling entrances and along pedestrian walks.
11.
Refuse pickup recycling and other utility areas, where provided, shall be screened by means of an enclosure and be located for the occupant's convenience and in such a manner as to enhance the aesthetic character of the development.
j.
Common Open Space Requirements.
1.
Land area equal in acreage to a minimum of 15% of the portion of the tract devoted to townhouse residential development shall be set aside for common open space, including buffering, conservation and parks. Said 15% shall not include and shall be in addition to that open space resulting from the application of the building spacing and setback requirements of this chapter and shall not include common parking areas or street rights-of-way. The designated common open space shall be located wholly within the portion of the tract to be developed with townhouses.
2.
Common open space shall be distributed throughout the residential areas of the development in an equitable manner, optimally related to the overall plan and design of the development, and improved to suit the purpose(s) for which it is intended.
3.
Common open space may be offered to the Township for public purposes or it may be owned and maintained by an association. Any lands intended to be offered to the Township for public purposes shall be so declared prior to preliminary approval. All lands not offered to and/or not accepted by the Township shall be owned and maintained by a homeowner association.
4.
Any common open space lands offered to the Township shall meet the following requirements:
(a)
The minimum size of each parcel offered shall be two acres.
(b)
Lands offered for recreational purposes shall be improved by the developer, including, but not limited to equipment, walkways and landscaping, in order to qualify the lands for acceptance by the Township.
(c)
Any lands offered to the Township shall be subject to review by the Planning Board. The Board, in its review and evaluation of the suitability of such land, shall be guided by the Master Plan of the Township, by the ability to assemble and relate such lands to an overall plan, by the ability of the Township to maintain said lands, and by the accessibility and potential utility of such lands.
(d)
Every parcel of land offered by the developer and accepted by the Township shall be conveyed to the Township by deed at the time final site plan approval is granted by the Township. The deed shall contain such restrictions as may reasonably be required to ensure the intended use of such areas.
k.
General Requirements.
1.
Prior to preliminary approval, the developer shall submit a preliminary public sewer plan together with letters from the appropriate officials indicating the feasibility of such a sewer plan and the fact that the sewage treatment plant has sufficient capacity to serve the development.
2.
The developer shall be responsible for the collection of trash and recyclables and the removal of same from the development. This responsibility shall extend to the developer's successors including any homeowners association or individual owner. This requirement shall be part of any master deed and specified to run with the land.
3.
Any proposal for a PUD may include provisions for the phasing of construction over a period of years, provided that the following terms and conditions, intended to protect the interests of the public and of the residents, occupants and owners of the proposed development are met:
(a)
Where the development is intended to be phased over a number of years, prior to the granting of preliminary approval for the entire Planned Unit Development, there shall be an explanation, including appropriate maps, indicating the location, number, and type of units to be constructed in each phase and the priority of each phase. Each development phase shall indicate its relationship to the circulation and utilities systems completed up to that point in order to assure their adequacy to serve the total development.
(b)
Preliminary approval shall be granted for the complete PUD proposal before final approval shall be granted for any phase.
(c)
For all development phases subsequent to the first phase, no building permits may be issued for construction of units in any such phase until construction of preceding phases is substantially completed. "Substantially completed" shall be taken to mean that, as a minimum, all exterior finish, paving, fine grading, seeding and landscaping shall have been completed.
4.
No certificate of occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities and sewer facilities servicing said structure are properly completed and functioning.
§ 35-15.3A PD/RCA, Planned Development/Regional Contribution District.
[Ord. No. 2003-18; amended 11-22-2016 by Ord. No. 2016-26]
a.
Tract requirements. A Planned Development - Affordable Housing District (PD/AH) tract of land lying wholly within the PUD zone (Block 4001, Lot 2) and consisting of approximately 8.5 acres.
c.
Housing need compliance. Development of housing within this zone shall require the following minimum of the total units provided to be affordable to very-low-, low- and moderate-income households: 20% if the units are offered for sale, 15% if the units are offered for rent. Should units in other locations within the Township be converted to affordable housing to fulfill this obligation the requirement shall be a minimum of 20% of the units provided on this site. A minimum of 50% of the affordable units in any development shall be low-income units. Thirteen percent of the affordable units shall be available to very-low-income households, which shall be counted as part of the low-income housing units.
d.
Development in this zone shall comply with the requirements in § 35-15.7 and other provisions common and applicable to all AH Zones, unless otherwise regulated in this section.
e.
Permitted accessory uses.
1.
Recreation facilities to serve the residents of the development.
2.
Off-street parking in accordance with the provisions of § 35-23 and the standards of the New Jersey Residential Site Improvement Standards (RSIS).
5.
Other accessory uses customarily incidental and subordinate to the principal permitted use.
f.
Development criteria.
1.
Density. The maximum density permitted for the area of the PUD devoted to this use is 20 units per acre with a maximum of 170 total dwelling units.
2.
Maximum height. No principal building shall exceed 40 feet in height and three stories.
3.
Minimum front yard setback shall be 30 feet.
4.
Minimum rear yard setback shall be 50 feet.
5.
Minimum side yard setback shall be 30 feet.
6.
Minimum distance between buildings shall be 30 feet.
7.
Maximum building coverage shall be 30%.
8.
Maximum lot coverage shall be 65%.
§ 35-15.4 O, N-C, G-C, H-C, 1-20 and 1-40 Nonresidential Districts.
[Ord. No. 2003-18; Ord. No. 09-011 § I]
a.
Office Development in the 1-20 and 1-40 Districts. In the event an owner of land located within the 1-20 or 1-40 General Industrial Districts desires to construct or establish an office use within the 1-20 or 1-40 District, all of the requirements of the O-Office Zone District shall apply in place of the 1-20 or 1-40 District requirements.
b.
Drive-in Banking Facilities. Where banks are permitted and a drive-in window or windows are to be installed, the following requirements shall be satisfied in addition to all other applicable zoning provisions:
1.
There shall be a minimum of two access driveways serving any bank with a drive-in window or windows.
2.
Internal circulation shall be such that queued vehicles for the drive-in windows do not interfere with parking or site ingress and egress. Additionally, vehicles exiting from the parking area shall not be required to use a drive-in window lane.
3.
A separate ten-foot wide lane shall be provided for each drive-in window with a minimum stacking capacity of six vehicles each. In addition, there shall be a by-pass lane provided with a minimum width of 10 feet.
c.
Setback From a Residential District or Use. No wall of any principal building erected in a nonresidential district shall be closer than 50 feet from a residential district boundary line or residential lot line.
d.
Location of Freestanding Air-Conditioning Equipment. Freestanding air-conditioning equipment shall be located a minimum of 30 feet from any residential use or district boundary line, and shall be properly screened subject to the approval of the appropriate agency.
e.
Drive Through Windows. Drive through windows for all other permitted uses shall require a separate ten-foot wide lane for each window with a minimum stacking capacity of six vehicles each. In addition, there shall be a by-pass lane provided with a minimum width of 10 feet.
f.
Temporary Tents in the H-C District. A temporary tent may be placed for retail sales in the Highway Commercial District, subject to the following requirements:
1.
It shall only be used by a business in a building on the subject property, for the sale of products normally sold by such business;
2.
It shall be permitted for up to two, thirty-day periods within any calendar year, which periods may be consecutive.
3.
The tent shall not occupy more than 20% of the total parking area available on the subject property, if there is only one business. If more than one business occupies the subject property, the parking area available shall be based upon applicant's pro rata share of the entire parking area.
4.
Building, fire and all other necessary permits or licenses must be obtained prior to placement of the tent.
§ 35-15.5 Regulations Pertaining to All Districts.
[Ord. No. 2003-18; Ord. No. 2008-10 § I; Ord. No. 2010-21 § II; Ord. No. 2013-07 § 1(B); amended 4-13-2021 by Ord. No. 2021-08]
a.
Nuisance Uses. In addition to the provisions of Subsection 35-4.4 of this chapter, any use or activity constituting or creating a nuisance is prohibited. In addition, no artificial lighting shall be maintained or operated on a property in such a manner as to be a nuisance or an annoyance to neighboring properties. No lighting shall shine directly upon any abutting property.
[Amended 9-13-2016 by Ord. No. 2016-20]
b.
Accessory Buildings and Uses. No accessory building or use shall be constructed except in conformance with the following:
1.
All accessory buildings and uses shall be located on the same lot as the principal use they are intended to serve unless otherwise permitted by this chapter.
2.
No construction permit shall be issued for any accessory building or structure prior to the issuance of a construction permit for the principal building to be located on the same lot.
3.
No accessory building or structure shall be located in a front yard, and all such buildings or structures shall be located at least five feet from a rear or side property line.
4.
No accessory building shall be located within 10 feet of any other building.
5.
No more than two accessory buildings shall be permitted on any lot in the S-60, S-75 or S-120 Zones.
6.
The height of any accessory building, shall not exceed 15 feet.
7.
No accessory structure shall be permitted in any nonresidential zone, with the exception of freestanding signs where permitted, freestanding air conditioner units, emergency generators, transformers and other utility equipment, which are subject to site plan review. All such equipment shall be suitably screened from neighboring properties and comply with flood elevation regulations.
[Amended 4-13-2021 by Ord. No. 2021-08]
c.
Outdoor Storage of Materials, Goods, Supplies and Vehicles.
1.
The outdoor storage and/or sale of goods and materials shall not be permitted in all non-residential zones.
2.
In any residential district or property, no commercial vehicle shall be stored, unless it is stored in a private garage, provided the vehicle is used by the current resident of the property on which it is stored, as an accessory use. Any variance from this section shall be deemed a bulk variance pursuant to N.J.S.A. 40:55D-70c, and shall not run with the land.
[Amended 9-13-2016 by Ord. No. 2016-17]
d.
Flood Plain Regulations and Storm Drainage.
1.
Flood Plain Regulations. Areas determined to lie within the flood plain shall be regulated by this chapter and further regulated by Chapter 32 Flood Damage Prevention, and New Jersey Department of Environmental Protection requirements as supplemented and amended.
2.
Storm Drainage. All developments shall comply with the requirements of the Township of Springfield Storm Water Control and Flood Plain Ordinance, and the New Jersey Residential Site Improvement Standards where applicable, as supplemented and amended.
e.
Critical Areas.
1.
The location of the principal or accessory structure in critical areas shall be minimized to the greatest extent practical, and shall be pursuant to all State and Federal regulations. Additionally disturbance of steep slopes shall not exceed the following:
Steep Slope Category | Maximum Disturbance |
|---|---|
15 - 19.99% | 40% |
20 - 24.99% | 20% |
25% + | 5% |
Steep slope disturbance necessary for utility easements and utility rights-of-way are exempt from any disturbance limitations. Disturbance of steep slopes in amounts greater than indicated above shall require variance approval from the Board hearing the application. |
2.
All single family residential lots created after the adoption date of this chapter[1] shall contain at least 6,000 square feet of contiguous, non-critical land with direct access to an existing or public street.
[1]
Editor's Note: Ordinance No. 2003-18 which adopted this Land Use Chapter was adopted July 8, 2003.
3.
In addition to the lot coverage requirements of this chapter, no development shall provide more than 80% lot coverage of the non-critical area of the lot.
f.
Satellite Dish Antennas. Satellite dish antennas shall be permitted as an accessory use in all zones of the Township provided the following conditions are met:
1.
No more than one such antenna is permitted per lot.
2.
All satellite dish antennas located in single family residential zones shall be situated in rear or side yards and located not closer than 10 feet from any property line. All such antennas shall be suitably screened from neighboring properties.
3.
Nonresidential uses shall be permitted to erect an antenna on the side or roof of a principal or accessory building provided said antenna is suitably screened from public view. No antenna in a nonresidential zone shall be permitted in a front yard.
4.
Ground mounted antennas shall not exceed 15 feet in height, and building mounted antennas shall not exceed 12 feet in height above the main ridge of the roof of the building. Pole mounted antennas shall not exceed the maximum building height permitted in the zone in which it is located.
g.
Swimming Pools. The construction of all swimming pools in the Township shall be in accordance with Chapter 13. A lot grading plan shall be submitted to the Department of Engineering, Construction Services and Code Enforcement for review and approval, before a permit may be issued.
[Amended 12-18-2018 by Ord. No. 2018-24]
h.
Inclusionary development and affordable housing units. All inclusionary development and affordable housing units, wherever constructed, shall comply fully with regulations set forth at N.J.A.C. 5:93-1 et seq.[2] and the Uniform Housing Affordability Controls (UHAC) set forth at N.J.A.C. 5:80-26.1 et seq., except as otherwise set forth herein.
[Added 11-22-2016 by Ord. No. 2016-26]
[2]
Editor's Note: The provisions of N.J.A.C. 5:93-1 et seq. expired 10-16-2016.
i.
Pipelines.
[Added 5-26-2020 by Ord. No. 2020-11]
1.
Applicability. The provisions in this subsection apply to all hazardous material transmission pipelines proposed for construction and siting within the Township. To the extent any regulations within this section conflict with state or federal regulations or laws regulating hazardous material transmission pipelines, those state or federal regulations and laws shall take precedence over these regulations. The regulations set forth herein shall be in addition to any requirements imposed upon pipelines and pipeline owners and operators under applicable state and federal laws, rules and regulations, except to the extent prohibited by such laws, rules and regulations. The Township hereby adopts by reference the definitions set forth in the Hazardous Liquid Pipeline Safety Act of 1979, as amended, and recodified in 49 U.S.C. § 601 and 49 CFR 190 to 199, except as otherwise set forth herein.
2.
Pipeline uses. Hazardous material transmission pipelines not distributing services to end users within the Township which are not otherwise regulated by the New Jersey Board of Public Utilities are prohibited in all residential zones and districts within the Township and shall constitute conditional uses in all other zones and districts within the Township.
3. ESSENTIAL PUBLIC FACILITIES HAZARDOUS MATERIAL HAZARDOUS MATERIAL TRANSMISSION PIPELINE CORRIDOR or TRANSMISSION PIPELINE CORRIDOR HAZARDOUS MATERIAL TRANSMISSION PIPELINE or TRANSMISSION PIPELINE HIGH-CONSEQUENCE LAND USE(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) TRANSMISSION PIPELINE OPERATOR
As used in this Subsection 35-15.5(i), the following terms shall have the meanings indicated:
Those public facilities which are required in order to provide basic health and safety services to residents and visitors of the Township, including, without limitation, water sanitation plants, water treatment plants, sewer treatment plants, water storage facilities, telecommunication towers, police stations, fire stations, jails, courthouses, public health facilities, and emergency operations centers.
A pipeline pathway defined by rights-of-way and easements in which the pipelines and facilities of a hazardous material transmission pipeline are located, or proposed to be located, including rights-of-way and easements over and through public or private property.
A pipeline, whether above or below ground, which transports or is designed to transport a hazardous material. As used herein, a transmission pipeline includes all parts of those physical facilities through which a hazardous material moves in transportation, including pipes, valves, and other appurtenances attached to pipes, compressor units, pumping stations, metering stations, regulator stations, delivery stations, emergency response terminals, holders, breakout tanks, fabricated assemblies, and other surface pipeline appurtenances.
A land use that, if located in the vicinity of a hazardous materials transmission pipeline, represents an unusually high risk to life in the event of a transmission pipeline failure due to the characteristics of the inhabitants or functions of the use. High-consequence land uses include:
Child care;
Houses of worship, including churches and other religious institutions;
Hospitals;
High-rise buildings, including hotels, dormitories, apartment complexes, and office buildings, which may not lend themselves to a timely evacuation;
Open space uses, including Green Acres and Borough-owned lands designated as open space preservation areas, farmland preservation areas, historic preservation areas, Blue Acres preservation areas, active recreation areas, and passive recreation areas;
National Park Service-designated National Natural Landmarks;
New Jersey Department of Environmental Protection (NJDEP)-designated New Jersey Natural Areas and Natural Heritage Priority Sites;
Residential-care facilities;
Institutional uses, including public and private schools, day-care facilities, and public or quasi-public buildings; and
Essential public facilities.
The individual or entity responsible for the operation, maintenance and management of a transmission pipeline.
4.
Development and construction of new hazardous material transmission pipelines. The following requirements and standards shall apply for the development and construction of new hazardous material transmission pipelines:
(a)
Approvals required; application. A resolution of approval by the Township Planning Board shall be required prior to the commencement of any work to install a transmission pipeline within the Township. An original application for a transmission pipeline approval and permit shall be submitted to the Township Planning Board Secretary and a copy submitted to the Township Engineer. Applications for the development and/or construction of transmission pipelines shall be submitted in accordance to the procedures outlined in Article IX of this chapter for site plan review. In addition to the procedures in Article IX, each application shall be accompanied by three sets of plans showing dimensions and locations of the transmission pipelines, related items or facilities within the subject right-of-way and roadway improvements.
(1)
Detailed cross-section drawings for all public street right-of-way easements, wetland and waterway crossings;
(2)
A flow diagram showing daily design capacity of the proposed transmission pipeline;
(3)
Changes in flow in the transmission pipeline; and
(4)
The proposed maximum operating pressure, expressed in pounds per square inch gauge (psig) at all points of change in elevation greater than 500 feet, or every 500 feet in length as a minimum.
(b)
Hazardous material transmission pipeline corridor. Any easements or rights-of-way obtained by the transmission pipeline operator shall be recorded in the office of the Union County Clerk for all new hazardous material transmission pipelines.
(c)
Setbacks. In order to mitigate the aesthetic and environmental impacts of hazardous material transmission pipelines, while minimizing potential damage or interruption to essential public facilities caused by transmission pipelines, the following setbacks shall be observed:
(1)
Wellhead protection areas.
(i)
Except as set forth in this section or unless approved by the Township Engineer as part of the approval and permit process, where adequate mitigation measures have been demonstrated by the applicant to the satisfaction of the Township Engineer, hazardous material transmission pipeline corridors shall not be located within the vicinity of a designated wellhead protection area ("WHPA"), and shall not be located closer than 2,500 feet in a Tier 1 WHPA, 1,000 feet in a Tier 2 WHPA, and 500 feet in a Tier 3 WHPA. However, conditions such as slope and terrain may require additional mitigation as identified in the permit and approvals process.
(ii)
Wellhead protection area is the surface and subsurface area surrounding a well or well field through which water will move toward and reach such well or well field, and contaminants and groundwater pollution, if either or both exist, may pose a significant threat to the quality of water withdrawn from the well.
(2)
Except as otherwise set forth in this section, hazardous material transmission pipelines shall not be located closer than 100 feet to:
(i)
Any wetland;
(ii)
Any year-round naturally occurring creek, stream, river, private or public well, or pond, unless approved by the Township Engineer as part of the permit and approvals process where adequate mitigation measures have been demonstrated by the applicant; or
(iii)
Any property in a business district or where a business is located.
(3)
A hazardous material transmission pipeline, facility or appurtenance shall not be located closer than:
(i)
One thousand feet to any high-consequence land use lot or essential public facility structure;
(ii)
One hundred fifty feet to any residential property, zone or district on level grade; or
(iii)
Two hundred fifty feet to any residential property, zone or district where the residential property, zone or district is located downhill from the transmission pipeline, facility or appurtenance at a grade equal to or greater than 5%, except that no transmission pipeline shall be located on slopes of a grade equal to or greater than 15%.
(d)
Submittal of Information. Preliminary as-built information, including, without limitation, as-built drawings or additional information as may be requested by the Township Engineer about the transmission pipeline will be filed within 90 days before the transmission pipeline is commissioned with the Township Engineer. Updated as-built information, including, without limitation, as-built drawings or additional information as may be requested by the Township Engineer about the transmission pipeline will be filed within 60 days after the transmission pipeline is commissioned with the Township Engineer.
(e)
Hazardous Material Transmission Pipeline Construction. The transmission pipeline owner, operator and/or contractor shall give documented notice 48 hours prior to the commencement of transmission pipeline construction to the affected residents, businesses (including agricultural businesses) and to the Township's Police Department and Department of Engineering, Construction Services and Code Enforcement. Private property owners and business owners shall have access to their property at all times during construction.
5.
Hazardous Material Transmission Pipeline Failure and Remediation. In the event that a leak or failure has occurred with the transmission pipeline, the transmission pipeline operator shall notify the Township Engineer, Township Department of Engineering, Construction Services and Code Enforcement, Police Department, and all property owners within 1,000 feet of the affected transmission pipeline area within four hours of discovery. Transmission pipeline operators shall, after being notified of an emergency, cooperate with Township officials and make every effort to respond as soon as possible to protect the public's health, safety, and welfare. All leak or spill remediation plans shall be made in consultation with the Township, and no remediation may be deemed complete without final approval thereof by the Township. In the event that a transmission pipeline is shut down due to a leak or failure, the transmission pipeline operator shall not restart the transmission pipeline without the written approval of the Township Engineer.
6.
In addition to this chapter, the transmission pipeline operator shall comply with the environmental regulations set forth in Chapter 29 of the Township Code.
7.
Hazardous Material Transmission Pipeline Repair and Maintenance. Following any repair of a transmission pipeline, any areas disturbed by such repair shall be revegetated in accordance with the applicable provisions of the Township Code.
8.
Hazardous Material Transmission Pipeline Marking. Markers shall be installed and maintained to identify the location of transmission pipelines in accordance with all federal and state pipeline marking requirements.
9.
Emergency Preparedness Plan. Prior to commissioning a transmission pipeline, the transmission pipeline operator shall meet with the Township Police Department and submit a copy of an emergency preparedness plan for any and all emergencies that may result in an accidental leak or failure incident regarding the transmission pipeline or any supplemental equipment. The essential requirements stated in 49 CFR 195.402 and 195.403 shall be covered by the emergency preparedness plan. No transmission pipeline shall be commissioned, nor shall any hazardous material be introduced into the transmission pipeline prior to the transmission pipeline operator receiving written approval of its emergency preparedness plan by the Chief of Police or his designee. Transmission pipeline operators shall designate a responsible local emergency response official and a direct twenty-four-hour emergency phone number.
10.
Insurance Required. No transmission pipeline operator shall commission any transmission pipeline or introduce any hazardous material into a transmission pipeline without first securing insurance policies covering general liability, environmental incidents and contamination, and property damage in an aggregate amount to be determined by the Township following the submission of an application and which shall be based upon reasonable estimates of potential liability and property damage that may result from a leak, spill or other failure of a transmission pipeline. Prior to commissioning any transmission pipeline and every year in which the transmission pipeline is in operation thereafter, the transmission pipeline operator shall submit proof of its insurance coverage to the Township, and the Township shall be named as an additional insured on all required policies.
11.
Indemnification and Hold Harmless. Prior to commissioning a transmission pipeline, the transmission pipeline operator shall agree in writing to indemnify and hold harmless the Township, as well as its officers, officials, supervisors, employees, agents, contractors, and assigns, from any and all liability relating to or arising from the transmission pipeline, including, but not limited to, any failure, leak, spill, contamination, cleanup, remediation, property damage, and personal injury. The indemnification and hold-harmless agreement shall include a provision for the payment of the Township's reasonable attorneys' fees and litigation costs.
§ 35-15.6 OS-GU, Open Space - Government Use District.
[Ord. No. 2003-18]
Within any OS-GU Open Space-Government Use District, no development shall occur except in conformance with the following:
a.
Permitted Uses.
1.
Public parks, playgrounds, open spaces, reservoirs, ice-skating rinks, ballfields, tennis courts, swimming pools, public schools and Board of Education facilities, government offices, libraries, firehouses, first-aid and emergency squad buildings and municipal buildings and other municipal facilities.
2.
Golf courses and country clubs.
3.
Customary accessory uses to the above permitted uses.
b.
Bulk Requirements. Because of the wide diversity in the nature of the uses permitted in this zone, no specific bulk requirements are set forth. The Planning Board, in reviewing development applications for any uses proposed in this district, shall be guided by generally accepting planning standards and the design standards of this chapter to minimize the impact on surrounding properties and to ensure adequate circulation parking and buffering and other planning concerns.
§ 35-15.7 Affordable Housing (AH) Zoning Districts.
[Ord. No. 2003-18; Ord. No. 2006-6 § I(A); Ord. No. 2006-21 § I; Ord. No. 2007-04 § I; Ord. No. 2007-18 § I; Ord. No. 2015-21 § 2]
a.
Purpose. It is the intent and purpose of the AH Zones to:
1.
Provide a realistic opportunity for the provision of low and moderate income housing sufficient to meet Springfield Township's obligation as determined by the New Jersey Council on Affordable Housing.
2.
Conform to the purposes of the Municipal Land Use Law set forth in N.J.S.A. 40:55D-2.
3.
Comply with the statutory scheme of the Fair Housing Act, the rules and regulations of the New Jersey Council on Affordable Housing and sound planning principles.
b.
Mandatory Compliance Required. All development applications in the AH Zones shall comply with the requirements of this section in addition to any other development requirements of the Township of Springfield.
c.
Permitted Principal Uses in the AH Zones. Each zone except the AH-SC Zone, shall be developed as a single entity. The following are the principal permitted uses in each of the AH Zones.
1.
AH-SC Zone - Apartment building, or group of buildings, or townhouses devoted exclusively to senior citizens.
2.
AH-17 Zone - Apartment buildings, townhouses and single-family dwellings.
3.
AH-18 Zone - Apartment buildings or townhouses.
4.
AH-24.2 Zone - Apartment buildings.
5.
AH-7/RCA Zone - Single-family detached dwellings or townhouses.
6.
AH-16 Zone - Apartment buildings or townhouses.
[Added 11-22-2016 by Ord. No. 2016-26]
7.
AHO-1, Affordable Housing Overlay Zone - Apartment buildings or townhouses.
[Added 11-22-2016 by Ord. No. 2016-26]
8.
AHO-2, Affordable Housing Overlay Zone - Apartment buildings or townhouses.
[Added 11-22-2016 by Ord. No. 2016-26]
e.
Development Criteria for AH-SC Zone.
1.
Housing Need Compliance. Development of housing within this zone shall require a minimum of 20% of the total units provided to be affordable to low and moderate income households.
2.
All housing developed within this zone shall be available exclusively to senior citizens.
3.
Density. The density of housing in this zone shall not exceed 16 units per acre.
4.
Development pursuant to this section requires a minimum lot area of two acres.
5.
Maximum Height. No principal building shall exceed 40 feet in height and three stories.
6.
Minimum setback from front, side and rear property lines is 30 feet.
7.
Maximum building coverage shall be 25%.
8.
Maximum lot coverage shall be 50%.
9.
A buffer strip shall be required as described in Subsection 35-23.5, where the development abuts a residential zone or use.
11.
Any property within this zone which has a lot area of less than two acres may be developed as if located within a General Commercial (GC) Zone.
f.
Development Criteria for AH-17 Zone.
1.
Housing Need Compliance. Development of housing within this zone shall require the following minimum of the total units provided to be affordable to low and moderate income households: 17% if the low and moderate units are for sale; 12% if the low and moderate units are for rent.
2.
Density. The density of multifamily housing in any portion of this zone shall not exceed 17 units per acre. The overall gross density of the entire tract shall not exceed 15 units per acre.
3.
Maximum Height. No principal building shall exceed 40 feet in height and three stories, provided that no building or part thereof which is located within 100 feet of a single-family residential district shall exceed 35 feet in height and 2 1/2 stories.
4.
The minimum setback from front, side and rear property lines is 35 feet.
5.
Maximum Building Coverage shall be 30%.
6.
Maximum Lot Coverage shall be 60%.
7.
A buffer strip of a minimum of 25 feet shall be required as described in Subsection 35-23.5 where the development abuts a residential zone or use.
9.
Vehicular access to and from development in this zone shall be directly with either/or a combination of Mountain Avenue, Springfield Avenue, or U.S. Route 22. No vehicular access shall be permitted to minor streets such as Becker Road from development in this zone. Any such development shall include direct access to U.S. Route 22 for both ingress and egress, by way of a continued fee ownership of a minimum fifty-foot right-of-way across the frontage on such highway of the property designated as Block 3901, Lot 6 on the tax map of the Township of Springfield, which area shall be rezoned as AH-16 pursuant hereto. Alternatively, there may be an equivalent easement across such land, providing for such right-of-way in perpetuity, at which time the zoning of such area shall revert to the zoning existing at the time of the effective date of this chapter.
10.
No road or multifamily housing units shall be permitted within 100 feet of any boundary line with any property within any single-family residential zone.
11.
Any development within 100 feet of any boundary line with any property within any single-family residential zone shall be restricted to single-family use and shall be developed pursuant to the bulk requirements set forth for the S-60 Zone.
g.
Development Criteria for AH-18 Zone.
1.
Housing Need Compliance. The developer of housing within this zone shall have the option of developing multifamily housing per the ordinance requirements with either:
(a)
A minimum of 20% of the total units provided to be affordable to low and moderate income households. To the extent that the Township's rental obligation of 34 affordable units remains to be satisfied, each rental unit provided shall count as two units; or
(b)
A contribution to the Township's Housing Trust Fund in the amount of $20,000 per low and moderate income unit which would have been provided under a above at 20% of the total units provided.
2.
Density. The density of housing in this zone shall not exceed 18 units per acre.
3.
Maximum Height. No principal building shall exceed 40 feet in height and three stories.
4.
The minimum setback from the tract boundary shall be 30 feet.
5.
Maximum Building Coverage shall be 25%.
6.
Maximum Lot Coverage shall be 50%.
7.
No more than 42 dwelling units shall be permitted in any building.
8.
A buffer strip shall be required as described in Subsection 35-23.5 where the development abuts a residential zone or use.
9.
The width of streets and driveways shall be no less than 24 feet unless otherwise provided by the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.)
11.
All requirements of the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.) shall apply as required by State law.
h.
Development Criteria for AH-24.2 Zone.
1.
Housing Need Compliance. Development of housing within this zone shall require a minimum of 11.1% of the total units provided to be affordable to low and moderate income households. If low and moderate income housing units are rental units, a minimum of 8.3% of the total units shall be affordable to low and moderate income families, provided the Township rental obligation as identified in the adopted Housing Plan for Springfield Township has not been previously met.
2.
Density. The density of housing in this zone shall not exceed twenty-four and two-tenths (24.2) units per acre.
3.
Maximum Height. No principal building shall exceed 40 feet in height and three stories.
4.
Minimum front yard setback shall be 30 feet.
5.
Minimum rear yard setback shall be 50 feet.
6.
Minimum side yard setback shall be 30 feet.
7.
Maximum building coverage shall be 30%.
8.
Maximum lot coverage shall be 65%.
9.
A buffer strip shall be required as described in Subsection 35-23.5 where the development abuts a residential zone or use.
11.
Residential development of any property as to which this zone is an overlay-zone, shall occur on a minimum of 4.88 acres and no other use of the property shall be permitted.
i.
Development Criteria for S-75/AH Zone.
1.
Housing Need Compliance. Development within this zone shall comply with the use, bulk and setback standards and regulations of the S-75 Zone, and subject to compliance with either of the following options.
(a)
The developer shall construct eight low and moderate income units on another site within the Township of Springfield, subject to the review and approval of the Planning Board, or
(b)
The developer shall fund the conversion of eight existing dwellings within the Township of Springfield to be available to low and moderate income families, subject to the approval of the Planning Board.
2.
The affordable units shall be subject to the then current affordability regulations of the Council on Affordable Housing (COAH) or other agency charged with regulating affordable housing within the State of New Jersey in regard to affordability controls and standards.
j.
Development criteria for AH-16 Zone.
[Added 11-22-2016 by Ord. No. 2016-26[1]]
1.
Housing need compliance. Development of housing within this zone shall require the following minimum of the total units provided to be affordable to low- and moderate-income households: 20% if the low- and moderate-income units are for sale and 15% if the low- and moderate-income units are for rent.
2.
Density. The gross density of the tract shall not exceed 16 units per acre.
3.
Maximum height. No principal building shall exceed 40 feet in height and three stories.
4.
The minimum setback from front, side and rear property lines is 35 feet.
5.
Maximum building coverage shall be 30%.
6.
Maximum lot coverage shall be 60%.
[1]
Editor's Note: This ordinance also redesignated former Subsection j as Subsection k.
k.
Supplementary Regulations Applicable to All AH Zones.
1.
Phasing Schedule. Low and moderate income housing units within inclusionary developments shall be built in accordance with the following schedule:
Minimum Percentage of Low and Moderate Income Units Completed | Percentage of Market Housing Units Completed |
|---|---|
0 | 25 |
10 | 25 + 1 unit |
50 | 50 |
75 | 90 |
100 | 100 |
2.
Bedroom Distribution. The low and moderate housing component within inclusionary developments must meet the following bedroom distribution requirements.
(a)
At least 30% of all low and moderate income units shall be two-bedroom units.
(b)
At least 20% of all low and moderate income units shall be three-bedroom units.
(c)
The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total low and moderate income units.
3.
Development Application Procedure.
(a)
An applicant for development in the AH Zones shall submit the required plans and documents to the Township approving agency for review and approval as required by Article IX, Site Plan and Subdivision Review. The Township approving agency shall distribute the plans to those agencies required by law to review and/or approve development plans and to Township agencies which normally review development plans.
(b)
The Township approving agency shall hold a public hearing on the application not less than 30 days nor more than 45 days from the date of submission of a complete application. Approvals shall be governed by the provisions of N.J.S.A. 40:55D-46 and 40:55D-48.
(c)
Notwithstanding any other ordinance requirements of the Township of Springfield or the provisions of N.J.S.A. 40:55D-46 and 40:55D-48, the time period for official action on complete subdivision and site plan applications for preliminary approval shall be 75 days unless the applicant consents to an extension of time.
(d)
In addition to material submitted for review as required by Article IX, Site Plan and Subdivision Review, the applicant must also submit an affirmative marketing plan, an affordability plan and a housing plan. The housing plan shall detail the type, sale and rental schedule for all housing units.
The housing plan shall include but not be limited to information concerning the marketing of units, the sales price and rent schedule of units, the number of units to be sold and/or rented, the number of bedrooms in each housing unit, the square footage of each housing unit and any other reasonable information required under § 35-34 or by any other Township entity.
4.
Income distribution. A minimum of 50% of the affordable units in any development shall be low-income units. Thirteen percent of the affordable units shall be available to very-low-income households, which shall be counted as part of the low-income housing units.
[Added 11-22-2016 by Ord. No. 2016-26]
§ 35-16 REDEVELOPMENT AREAS.
[Added 11-22-2016 by Ord. No. 2016-26]
Any residential development that is constructed as part of a redevelopment plan shall include a set-aside for very-low-, low- and moderate-income housing. If the dwellings are offered for rent, 15% shall be affordable to low- and moderate-income households. If the dwellings are offered for sale, 20% shall be affordable to low- and moderate-income households. A minimum of 50% of the affordable units in any development shall be low-income units. Thirteen percent of the affordable units shall be available to very-low-income households, which shall be counted as part of the low-income housing units.
§ 35-17 OVERLAY ZONES AND MANDATORY SET-ASIDE.
[Added 11-22-2016 by Ord. No. 2016-26]
a.
Affordable Housing Overlay Zone - 1. Developers have the option of developing lands located in the Affordable Housing Overlay Zone - 1 (AHO-1) pursuant to the following criteria:
1.
The site must be a minimum of three acres.
2.
The maximum density permitted is 16 units per acre, unless the total size of the property is five acres or more, in which case the maximum density permitted shall be 18 units per acre.
3.
No property shall be developed unless it shall have access to a public street other than or in addition to U.S. Highway Route 22.
4.
The minimum percentage of low- and moderate-income units to be set aside is 20% for sales units and 15% for rental units.
5.
A minimum of 50% of the affordable units in any development shall be low-income units. Thirteen percent of the affordable units shall be available to very-low-income households, which shall be counted as part of the low-income housing units.
6.
Development standards and regulations for projects developed at a density of 16 units per acre shall be pursuant to § 35-15.7j as in the AH-16 Zone. Development standards and regulations for projects developed at a density of 18 units per acre shall be pursuant to § 35-15.7g as in the AH-18 Zone, with the exception that there is no option for a contribution to the Township's Housing Trust Fund.
b.
Affordable Housing Overlay Zone - 2. Developers have the option of developing lands located in the Affordable Housing Overlay Zone - 2 (AHO-2) pursuant to the following criteria:
1.
The maximum density permitted is 18 units per acre.
2.
The minimum percentage of low- and moderate-income units to be set aside is 20% for sales units and 15% for rental units.
3.
A minimum of 50% of the affordable units in any development shall be low-income units. Thirteen percent of the affordable units shall be available to very-low-income households, which shall be counted as part of the low-income housing units.
c.
Mandatory set-aside. Any residential development, in any zone within the Township, proposed at a density of six units per acre or greater shall include a mandatory set-aside of 20% of the units to be affordable to low- and moderate-income households if they are offered for sale and 15% of the units to be affordable to low- and moderate-income households if they are offered for rent. A minimum of 50% of the affordable units in any development shall be low-income units. Thirteen percent of the affordable units shall be available to very-low-income households, which shall be counted as part of the low-income housing units. These include any new development proposed through rezoning, use variance, subdivision or site plan applications. This does not give any developer the right to such rezoning, variance or other relief, or establish any obligation on the part of Springfield, its Planning Board or Zoning Board of Adjustment to grant such rezoning, variance or other relief.