Union Township City Zoning Code
§ 30-4.6
Multi-Family Residential District.
[Ord. No. 2015-6 § 2]
In the RM Multi-Family Residential District, the following regulations shall apply:
a.
Use Regulations. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses, and no other, provided that such uses shall comply with such regulations as yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and other provisions as are specified in other sections herein.
1.
Uses by Right. Any of the following uses shall be permitted provided the Use Regulations, § 30-5, of this chapter have also been met:
(a)
A-1 Agriculture and horticulture.
(b)
A-3 Forestry.
(c)
A-6 Agricultural sales/farm stands.
(d)
B-1 Single-family detached residences.
(e)
B-2 Twin house.
(f)
B-3 Duplex.
(g)
B-4 Townhouse duplex.
(h)
B-5 Townhouse.
(i)
B-6 Multiplex.
(j)
B-7 Single-family detached cluster.
(k)
B-8 Performance subdivision.
(l)
B-9 Residential conversion.
(m)
B-10 Age Restricted housing.
(n)
B-11 Community residence.
(o)
B-12 Continuing care facilities.
(p)
C-5 Recreational facility.
(q)
C-9 Community center.
(r)
C-10 Child care center.
(s)
C-11 Nursing home.
(t)
F-2 Emergency services.
(u)
H-1 Home occupation.
(v)
H-2 Residential accessory structure.
(w)
H-3 Boarding.
(x)
H-5 Temporary structure.
(y)
H-6 Swimming pool.
(z)
H-11 Accessory apartment.
(aa)
F-6 Renewable energy facility, accessory use.
2.
Uses by Conditional Approval. None.
b.
Table of Performance Regulations. The regulations below may be less strict than the performance standards in § 30-6, Environmental Performance Standards, however, where the environmental performance standards in § 30-6 are more strict than the standards in this subsection, the environmental protection standards in § 30-6 shall apply.
Dwelling Type | Maximum Gross Density (DU/AC)(3) | Minimum Open Space Ratio | Maximum Impervious Surface Ratio | Minimum Gross Site Area | Minimum Lot Area |
|---|---|---|---|---|---|
RM District | |||||
Single-Family Detached Without sewer and water | 0.6 | — | 0.03 | 1.5 acres | 1.5 acres |
Other Uses | — | — | 0.15 | 2 acres | 2 acres |
Performance Subdivision: | 6-8(1) | (1) | (1) | (1) | (1) |
Percentage of Units for Low and Moderate Income Housing Within an Inclusionary Development | |||||
10.0% | 6 | 0.10 | 0.60 | 3 acres | (2) |
12.5% | 7 | 0.10 | 0.60 | 3 acres | (2) |
15.0% | 8 | 0.10 | 0.60 | 3 acres | (2) |
Footnotes: | |
(1) | The performance subdivision is permitted by conditional use to permit for low and moderate-income housing. (See § 30-10, Conditional Uses.) The following provisions shall apply according to the percentage of low and moderate-income units proposed. |
(2) | See Subsection c below, Table of Area and Dimensional Requirements. |
(3) | In order to determine the FAR or density for a given site, multiply acreage by the ratio (density or FAR) to determine site's potential yield. The FAR or density yield also may be affected by other bulk requirements, such as impervious coverage, parking, etc. |
c.
Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:
Dwelling Type | Minimum Lot Area Per Dwelling (4) | Minimum Lot Width (feet) | Maximum Building Height (feet) | Floor Area Ratio | Minimum Yards (feet) | Minimum Distance Between Buildings (feet) | ||
|---|---|---|---|---|---|---|---|---|
Front | Side | Rear | ||||||
Performance Subdivision | ||||||||
Single-Family Detached | 9,000 square feet | 50 | 35 feet or 2 1/2 stories | 30 | 15 | 30 | 35 | |
Twin House | 4,500 square feet | 45 | 35 feet or 2 1/2 stories | 25 | 10(1) | 25 | 20 | |
Town House | 2,500 square feet | 24 | 35 feet or 2 1/2 stories | 20 | 10(2) | 30 | 30 | |
Town House Duplex | 2,000 square feet | 24 | 35 feet or 2 1/2 stories | 20 | 10(2) | 30 | 30 | |
Multiplex | 2,500 square feet (3) | 30 | 35 feet or 2 1/2 stories | 25 | 20(2) | 30 | 40 | |
Other Uses | 2 acres | 100 | 35 feet or 2 1/2 stories | 0.10 | 50 | 25 | 50 | — |
Footnotes: | |
(1) | Only one side yard shall be required. |
(2) | At the ends of semi-detached or attached buildings. |
(3) | Equals the minimum lot area per dwelling unit, provided the minimum lot area per building shall be 9,000 square feet. |
(4) | See § 30-6.5a3 regarding common wastewater disposal systems on lots smaller than 1.5 acres. |
d.
Additional Requirements for Performance Subdivisions Constructed as Inclusionary Developments.
1.
Any developer submitting an application for inclusionary development shall submit a plan for resale or rental controls to insure that the low and moderate income units remain affordable to low and moderate income households for at least 20 years. Such plan shall contain all the provisions set forth in this paragraph as well as conform to any regulations or guidelines adopted by the Township or any governmental agency of the Township.
2.
Housing unit pricing information shall be submitted to the Union Township Planning Board as part of the preliminary plan application. The Township Committee shall be the agent responsible for assuring that low and moderate income housing units constructed as part of an inclusionary development remain affordable to low and moderate income households, unless the Township enters into an agreement with a nonprofit agency or other governmental unit to take this responsibility.
3.
To the greatest extent practicable, the average price of low and moderate income units shall be affordable to households with an annual income equal to 57.5% of the regional median income. Allowable housing expenses shall be equal to no more than 28% of qualified income for purchased housing, after a 10% down payment, and 30% of qualified income for rental housing.
4.
50% of the affordable units shall be priced for low income households and 50% for moderate income households. The schedule below specifies the breakdown of income groups within the low income group and moderate income group. Households eligible for low income units shall have incomes below 50% of the regional median income. Households eligible for moderate income units shall have incomes between 50% and 80% of the regional median income.
To the greatest extent possible, the range of affordability shall conform to the following schedule for every 20 low and moderate income units. Regional median income shall be based on the current income levels established for Hunterdon County by the Council on Affordable Housing.
(a)
One unit for households whose incomes are between 40% and 42.5% of the regional median income (low income).
(b)
Two units for households whose incomes are between 42.6% and 47.5% of the regional median income (low income).
(c)
Three units for households whose incomes are between 47.6% and 50% of the regional median income (low income).
(d)
Four units for households whose incomes are between 57.6% and 64.5% of the regional median income (moderate income).
(e)
Five units for households whose incomes are between 64.6% and 68.5% of the regional median income (moderate income).
(f)
Six units for households whose incomes are between 68.6% and 72.5% of the regional median income (moderate income).
(g)
Seven units for households whose incomes are between 72.6% and 77.5% of the regional median income (moderate income).
(h)
Eight units for households whose incomes are between 77.6% and 80% of the regional median income (moderate income).
5.
At least 35% of all low and moderate income units shall be two bedroom units. At least 15% of the low and moderate income housing units shall be three bedroom units. No more than 20% may be efficiencies. For the purpose of assuring affordability of housing units to low and moderate income households of varying sizes, it shall be assumed that housing units of different sizes will be occupied by households of the sizes listed below:
(a) | Efficiency | one person. |
(b) | One bedroom | two persons. |
(c) | Two bedrooms | three persons. |
(d) | Three bedrooms | five persons. |
6.
Resale controls shall be embodied in a deed restriction on the property that shall be submitted by the applicant at the time of preliminary plan approval and shall be subject to the approval by the Township.
7.
The Planning Board or its designated agency annually may allow for increases in the price of owner occupied units and in the rents of affordable rental units based on the percentage increase in median income for the housing region in which Union Township is located, as set or approved by the Council on Affordable Housing.
8.
When establishing rent levels for re-rentals, the Planning Board or other designated agency shall take into account whether a rent increase would raise the rent beyond an affordable level. If the use of the median income figures to raise allowable rent levels renders the unit unaffordable to low or moderate income households, the Township shall not lose credit for this unit with the Council on Affordable Housing so long as the affordability controls remain in place.
9.
When establishing sales price for resale of the low income units, the Planning Board or other designated agency shall assure that the units remain affordable to low income households, if they were initially low income units, and for moderate income households, if they were initially moderate income units, and shall limit price increases to the percentage increase in the median household income in the region in which Union Township is located or in such manner as will assure continued availability of the units to low or moderate income households and a fair return to the homeowner. If use of the median income figures to raise allowable resale levels renders the unit unaffordable to low or moderate income households, the Township shall not lose credit for this unit with the Council on Affordable Housing so long as the affordability controls remain in place.
10.
The Planning Board or its designated agency may grant exceptions to the sales and rent ceilings established when extraordinary circumstances make such a ceiling impractical or otherwise inappropriate.
11.
Procedure for Resale. Persons wishing to sell affordable units shall notify the Planning Board or its designated agency of the intent to sell. If no eligible buyer enters a contract of sale for the unit within 90 days of notification, the Planning Board or its designated agency shall have the option to purchase the unit for the maximum price permitted based on the regional increase in median income as defined by the Council on Affordable Housing. If the Township does not purchase the unit, the seller may apply for permission to offer the unit to a noneligible household at the maximum price permitted.
The seller shall document efforts to sell the unit to an income eligible household as part of this application. If the request is granted, the seller may offer low income housing units to moderate income households and moderate income housing units to households earning in excess of 80% of regional median income. In no case shall the seller be permitted to receive more than the maximum permitted price and such a sale shall not eliminate the resale controls on the unit or permit subsequent sellers to convey the unit except in full compliance with this section.
12.
Owners of single-family owner occupied housing may be able to apply to the Planning Board or its designated agency for permission to increase the maximum price for eligible capital improvements, which are those that render the unit suitable for a larger household. However, the maximum price shall not exceed the limits of affordability for the larger household size, based upon income limits by household size established by the Council on Affordable Housing for the region in which Union Township is located.
13.
Foreclosure Regulations. A judgment of foreclosure or a deed in lieu of foreclosure on a low or moderate income unit by a financial institution regulated by State and/or Federal law shall extinguish controls on affordable housing units provided that the owner of the affordable housing unit shall be personally obligated to pay the Township Planning Board or its designated agency, any surplus funds, but only to the extent that such surplus funds exceed the difference between the maximum price permitted at the time of foreclosure and the amount necessary to redeem the debt to the financial institution including costs of foreclosure.
Notice of foreclosure shall allow the Planning Board or its designated agency to purchase the affordable housing unit at the maximum permitted sale price. Failure of the Board or its designee to purchase the affordable housing unit shall result in the Council on Affordable Housing adding the unit to the municipal fair share obligation.
[Ord. No. 2006-4, § 1; Ord. No. 2011-10, § 8; Ord. No. 2015-6 § 2]