Warren City Zoning Code
§ 16-11.6
Permitted Modifications.
[Ord. No. 93-24; Ord. No. 96-9 § 1; Ord. No. 01-25 § 4; Ord. No. 02-15, § 3]
a.
Variable Lot Size Provision. In a subdivision application, variable lot sizes may be approved by the Planning Board. The lot sizes may be varied to the extent lots may have areas of not less than 55,000 square feet each and a width of not less than 200 feet, the total of both side yards shall be at least 75 feet (no side yard shall be less than 25 feet) and further provided that the average lot size will be not less than 65,340 square feet. The Planning Board, in passing on such plats, shall consider the physical and structural characteristics including topography, floodplain, wetland and I-78 environmental impacts on the land included in the subdivision and determine that such variation in lot size will provide a superior layout of the subdivision and a better use of the land for building sites than would be obtained from a uniform lot size. The subdivider shall submit a map showing the development according to the requirements of the R-65 zone, as shown in Section 16-8, and another map showing the development as modified in accordance with this subsection. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of 65,340 square feet per lot with a width of not less than 150 feet.
b.
Open Space Provision. In order to preserve and protect natural woodlands, waterways and further to provide open space area(s) to future residents concurrent with development, modification may be permitted. The lot area and minimum lot width as required in the Schedule contained in Section 16-8, may be reduced provided all of the following requirements are met:
1.
Each lot permitted under this subsection shall meet all of the following requirements:
(a)
The minimum lot area shall be 40,000 square feet.
(b)
The minimum lot width of an interior lot shall be 125 feet.
(c)
The minimum lot area shall be 55,000 square feet.
(d)
The lot width, yard and building requirements for lot(s) created by this subsection shall be the same as the R-65 zone as set forth in the Schedule referenced in Section 16-8, except that the minimum lot width shall be 200 feet and the minimum for both side yards shall be at least 75 feet (no side yard shall be less than 25 feet).
2.
Plat map. The subdivider shall submit a plat map showing the development according to the requirements of the R-65 district as provided in the Schedule referenced in Section 16-8, and another plat map showing the development as modified in accordance with this subsection. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of 65,340 square feet per lot with a width of not less than 150 feet.
3.
Open space. If lands are proposed to be dedicated to the Township, the Planning Board shall condition final approval upon acceptance of such land by the Township Committee.
All open space areas of the tract may be dedicated and conveyed by the owner to the Township for public use in fee simple.
4.
Application review. The Planning Board shall review the plat utilizing modified lot design standards and thereafter decide upon the submission. The Board shall base its decision upon the modified lot design plat proposal with regard to the following:
(a)
Whether the proposal conforms to the comprehensive plan of the Township;
(b)
Whether the proposal furthers the intent and spirit of the adopted open space plan of the Township; and
(c)
Whether the proposal does comply with the intent and purpose of the modified lot design provision as described.
The Planning Board shall not be compelled to approve a proposal for modified size development if in its discretion the proposal does not further the orderly development of the area and the proposed open space does not relate to the comprehensive plan for development and provision of parks, conservation, preservation of natural features and natural drainage systems in the Township. |
c.
Senior Citizen Housing Development and Commercial Development Option and Use Standards.
1.
The objectives and standards set forth hereafter are designed to implement, in phases, the Town Center Master Plan Element. The uses and standards for development are permitted only within the zone designated R-65/SC as shown on the revised Official Zoning Map.
2.
Intent and purpose. The intent and purpose of the senior citizen-commercial use development option is to implement the Town Center Master Plan Land Use Element of the adopted Master Plan of Warren Township. This subsection provides for the phased implementation of the Town Center. The objectives are to provide and encourage development of senior citizen housing affordable to low and moderate income households as defined by C.O.A.H., as well as middle income senior citizen households.
Of substance to the Master Plan implementation is the issue of the number of senior citizen housing units needed to serve the Township's resident population. The absence of current data preempts a definitive estimate. Because of these facts, the Township's Master Plan shall be implemented in a phased manner and as established hereinafter.
3.
Senior citizen housing units - age restricted occupancy. Senior citizen dwelling units constructed pursuant hereto shall be occupied by families having a head of household of 55 years of age or greater.
4.
Development standards and requirements for senior citizen housing permitted in the R-65/SC district.
Maximum Density* (units per acre) | 7 dwelling units/acre |
Minimum Habitable Space | 650 square feet - 1 bedroom |
850 square feet - 2 bedrooms | |
Maximum Average Habitable Space | 1,000 square feet |
Minimum/Maximum Units Per Building | 3/5 units/structure |
Maximum Building Height | 2 1/2 stories/28 feet, whichever the lesser |
Setbacks:** | |
Front - Public Street Private Road | 25 feet from right-of-way 15 feet minimum from curb with average of 20 feet for all buildings within development |
Side - | 10 feet or 1/2 the height of adjacent buildings, whichever the greater |
Rear - | 25 feet |
Parking | 1.5 spaces/dwelling. Garage space, if any, shall be equivalent to 1/2 parking space |
Affordable Housing Requirement | 20% of all units shall be affordable to senior citizen households pursuant to Section 16-6 of this chapter. In addition, the said affordable units shall comply with all requirements of Section 16-6 of this chapter, as may be modified by State Statute. Further, the developer shall submit a proforma for the market unit portion of the total development demonstrating intent and objective to provide at least an additional 30% of total units affordable to median income households 125% of C.O.A.H. moderate income limit). The proforma shall include a proposal for instrument(s) (deed restriction, covenants, etc.) to run with the land ensuring initial and continued affordability and occupancy by median income households along with any other requirements of the Planning Board. The said proforma to be subject to the approval of the Planning Board and the Warren Township Committee. |
Occupancy Preference (other than affordable units) | The Developer shall make all reasonable efforts to make all market-price units available first to Warren residents or to those individuals who work in Warren and reside elsewhere. These efforts will be detailed in a plan which will be presented for the approval of the Planning Board and the Warren Township Committee. |
Streetscape | Sidewalks, street trees, fencing, decorative lighting and similar improvements shall be required in accord with Township standards. |
Site Amenities | Common gardening areas, sitting areas and as required by Planning Board in keeping with a senior citizen project |
Notes: | |
|---|---|
* | Density shall be reduced in proportion to the percentage of the development tract proposed for nonresidential use. The density computation shall be as follows: |
Units/Acre | Percentage of Tract Developed for Senior Citizen Housing |
|---|---|
7 | 100% |
6 | 80% |
5 | 60% (minimum required) |
Incremental computation shall be permitted. For example, if 70% of the tract is proposed for senior citizen dwellings, the maximum density shall be 5.5 dwellings per acre calculated as follows: |
% Nonresidential land area | x | incremental density reduction factor | = | density reduction |
30% | x | 5 units/acre | = | 1.5 units/acre reduction |
** | Setbacks apply to building(s) containing senior citizen dwellings and not individual units. |
*** | A rear yard of 50 feet shall be required adjacent to any ECR or RR zone. No structure shall be permitted therein. |
5.
Development standards for nonresidential uses within the R-65/SC district. A maximum of 40% of a total tract zoned R-65/SC shall be permitted for nonresidential use.
The development of the nonresidential portion of the tract shall comply with standards and requirements for the CB district inclusive of F.A.R. modification provided in subsection 16-13.6 except for the following:
Minimum Front Yard Depth - | 25 feet from public right-of-way |
15 feet from curb of private road | |
5 feet from driveway |
Design standards (subsection 15-7.3) for Town Center area shall apply and be determinant of commercial development character. |