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Woodland Park City Zoning Code

§ 22-22

R-I RESIDENCE “I” DISTRICT INCLUSIONARY MULTI-FAMILY RESIDENTIAL.

[Added 3-6-2024 by Ord. No. 24-05]
a. 
Objectives.
1. 
To provide a realistic opportunity for inclusionary housing development.
b. 
Uses. In the R-I Residence "I" District, no lot shall be used, and no building shall be erected, altered, or occupied for any purposes other than the following:
1. 
Permitted Principal Uses. See the Schedule of Permitted Uses in Subsection 22-4.4.
2. 
Permitted Accessory Uses. See the Schedule of Permitted Uses in Subsection 22-4.4.
c. 
Bulk Regulations.
1. 
Minimum lot area: 30 acres.
2. 
Minimum tract setbacks:
(a) 
From an adjacent R-A or R-B District: 125 feet.
(b) 
From adjacent OSR District: 25 feet.
(c) 
From adjacent SCRD and R-H Districts as well as the City of Clifton: 50 feet.
3. 
Minimum distance between principal buildings: 75 feet.
4. 
Minimum distance between principal and accessory buildings: 25 feet.
5. 
Dimensional requirements:
(a) 
Maximum townhouse and stacked townhouse length: 160 feet.
(b) 
Maximum multiple-family dwelling building length: 200 feet.
(c) 
Minimum building to off-street parking spaces: 10 feet. This standard does not apply to a facade that contains garage doors.
6. 
Maximum building coverage: 40%.
7. 
Maximum lot coverage: 50%.
8. 
Maximum density: 12 units per acre.
9. 
Maximum building height:
(a) 
Townhomes: 2.5 stories and 35 feet.
(b) 
Stacked townhomes and multi-family dwellings: three stories and 42 feet.
d. 
Affordable Housing Requirements.
1. 
The R-I Residence District shall have an obligation to deed-restrict 20% of the units built as affordable units, regardless of tenure. Said units shall not be restricted to any type of household. The units shall meet the very-low, low-, and moderate-income split required by the Uniform Housing Affordability Controls and 13% of the required units shall be very-low-income as defined by the Fair Housing Act (30% of the region's median income).
2. 
Affordable units shall be dispersed throughout the site and designed to be architecturally compatible with the market-rate units.
3. 
The affordable units shall have at least a thirty-year deed restriction. Any such affordable units shall comply with Uniform Housing Affordability Controls, applicable COAH affordable housing regulations, the Fair Housing Act, any applicable order of the Court, and other applicable laws.
4. 
The units shall meet the bedroom distribution required by the Uniform Housing Affordability Controls.
5. 
The developer/owner shall be responsible for retaining a qualified administrative agent, subject to the reasonable approval of the Mayor and Council to oversee the sales/rentals of the affordable housing units, at the developer's sole cost and expense.
6. 
The affordable units shall be compliant with Chapter 34, Affordable Housing.
7. 
All necessary steps shall be taken to make the affordable units provided creditworthy pursuant to applicable law for purposes of addressing the Borough's affordable housing obligation.
e. 
Parking.
1. 
Off-street parking shall be subject to the requirements of Section 22-4.6.
2. 
Parking spaces shall measure nine feet wide by 18 feet long.
3. 
There shall be no parking of recreational vehicles, trailers, or boats.
4. 
There shall be no overnight parking of commercial vehicles or vehicles that are 8,000 pounds or greater in size.
5. 
Hairpin striping shall be utilized to delineate parking spaces.
f. 
Tract Setback Buffer.
1. 
A buffer shall be maintained in all required tract setback areas. Within this buffer no existing tree shall be cut or removed unless the tree is diseased, dead, or necessary for the installation of driveways, streets, or utilities. The only improvements permitted in this area are driveways, streets, illumination of driveways and streets, and utilities.
2. 
Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees, and shrubs to provide a natural looking buffer, while providing a visual screen.
3. 
Buffer plantings shall be a mixed planting and shall include the following:
(a) 
One shade tree for every 50 linear feet of buffer;
(b) 
One evergreen tree for every 25 linear feet of buffer; and
(c) 
Ten shrubs for every 50 linear feet of buffer.
(d) 
Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.
4. 
Buffer plants shall be the following sizes at the time of planting:
(a) 
Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 feet in height, balled and burlapped.
(b) 
Evergreen trees shall be planted at a minimum height of six to eight feet, balled and burlapped.
(c) 
Shrubs shall be planted at a minimum height of 24 inches. However, a minimum of 50% of the shrubs shall be taller than 24 inches at installation. Additionally, 50% of shrubs shall be evergreen.
(d) 
Shade trees shall be considered deciduous trees that mature to a height of 50 feet or greater. Evergreen trees shall be considered trees which mature to a height of 30 feet. Should narrower varieties of evergreens be proposed for buffer plantings, additional plants shall be required to achieve a visual screen.
5. 
No more than 25% of the plantings shall be of the same species and/or variety of plant.
6. 
Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.
7. 
All buffer plants shall be deer resistant.
g. 
Landscaping.
1. 
Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking areas, mitigate adverse visual impacts and enhance buffer areas. The landscape design shall create visual diversity and contrast through variation in size, shape, texture, and color. In determining the selection of plants, susceptibility to disease and insect damage, wind damage, habitat (wet-side, drought, sun, and shade tolerance), soil conditions, growth rate, maintenance requirements, etc., shall be considered.
2. 
Foundation plantings. The landscape plan shall include foundation plantings that provide an attractive visual setting for the development. These plantings shall include species that provide seasonal interest at varying heights to complement and provide pedestrian scale to the proposed architectural design of the buildings. The foundation planting shall incorporate evergreen shrubs and groups of small trees in order to provide human scale to the building facades and winter interest. Foundation plantings shall be planted along the front facades of all buildings and along/beside primary building access points.
3. 
Parking Lot Landscaping.
(a) 
For every 25 surface parking spaces, there shall be one landscaped area, which may include the end caps, that is at least 162 square feet.
(b) 
The landscape areas shall contain trees and/or shrubs.
(c) 
Trees shall be planted at a minimum 2 1/2 caliper.
(d) 
Shrubs shall be planted at a minimum height of 24 inches.
4. 
Landscaping within sight triangles shall not exceed a mature height of 30 inches.
5. 
The landscape plan shall be prepared by a certified landscape architect certified by the New Jersey State Board of Landscape Architects.
6. 
Each application within the Residence "I" District shall be accompanied by a tree removal plan. The plan shall identify all trees six inches or greater dbh (diameter at breast height) to be removed.
h. 
Open space. A minimum of 5% of the tract shall be open space for the use of the site's residents. This may be linear walking paths, passive spaces, active recreation areas, playgrounds or the like. The minimum open space area shall not include the required tract buffers.
i. 
Signs.
1. 
The following types of signs are permitted in the Residence "I" District:
(a) 
Monument Signs.
(1) 
One sign per street frontage is permitted.
(2) 
The maximum sign area, excluding the base, shall be 20 square feet per side.
(3) 
The maximum sign height shall be four feet above grade.
(4) 
Monument signs shall be setback a minimum of 10 feet from any property line and located outside of any sight triangles.
(5) 
Monument signs may be externally or internally illuminated.
j. 
Architectural Standards.
1. 
Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as balconies, canopies and recesses shall be used to add architectural interest and variety and to relieve the visual effect of a simple, long wall.
2. 
The maximum spacing between building wall offsets shall be 30 feet.
3. 
The minimum projection or depth of any individual vertical offset shall not be less than 1 1/2 feet.
4. 
Roofline offsets, which include dormers and gables, shall be provided to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum spacing between roof offsets shall be 40 feet.
5. 
The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent regarding style, materials, colors, and details.
6. 
Building facades shall consist of brick, stone, cast stone, vinyl, cementitious plank siding or other high-quality material.
7. 
Stucco is prohibited as the primary facade material for any building. However, stucco may be used as an accent material.
8. 
Gable and hipped roofs shall be used to the greatest extent possible. Both gable and hipped roofs shall provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall. Flat roofs are permitted provided that all visibly exposed walls have an articulated cornice that projects horizontally from the vertical building wall plane.
9. 
Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned.
10. 
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.
11. 
Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties.
12. 
All rooftop mechanical equipment shall be screened from view.
k. 
Lighting.
1. 
Parking lot lighting shall be no more than 20 feet in height.
2. 
A minimum average of at least 0.5 footcandles shall be maintained within parking lots and over all pedestrian walkways.
3. 
Footcandles at the tract boundary shall not exceed 0.5 footcandle, except where there are entrance/exit driveways.
4. 
Parking lot fixtures shall be full cut-off.
5. 
Low-pressure sodium or mercury vapor lighting is prohibited.
l. 
Fences and walls. In addition to the requirements provided in § 22-34.1, the following regulations shall also apply to fences and walls:
1. 
The use of retaining walls should be in the form of terraces to accommodate severe grade changes, rather than single, tall retaining walls. No individual retaining wall shall exceed a height of 10 feet. Where provided, retaining walls shall be screened with a variety of landscaping materials, in groupings, rather than utilizing hedges or uniform plant species and spacing. Retaining walls shall be offset from one another so the face of each retaining wall is no closer than five feet.
2. 
Where retaining walls are utilized, natural stone, interlocking masonry blocks, or concrete shall be the construction material. Wood retaining walls are prohibited.
3. 
Fences and walls shall not be located in any required sight triangles.
4. 
Fences or walls around trash receptacles or compactors may be a maximum of eight feet tall.
m. 
Trash.
1. 
Trash and recycling receptacles and compactors shall not be visible from any public street.
2. 
All trash and recycling receptacles and compactors shall be screened by a solid fence or solid decorative masonry wall on three sides and heavy-duty gate closures on the fourth side.
3. 
The trash and recycling enclosure shall be surrounded and screened on three sides by a mixture of deciduous and evergreen plant species.
n. 
Access. Access to Weaseldrift Road shall be limited to emergency vehicles.
o. 
Utilities. All utilities shall be underground.
p. 
Off-tract improvements.
1. 
Off-tract improvements are required whenever an application for development requires the construction of off-tract improvements that are clearly, directly and substantially related to or necessitated by the proposed development. The Planning Board, as the case may be, shall require as a condition of final site plan or subdivision approval that the applicant provide for such off-tract improvements. Off-tract improvements shall include water, sanitary sewer, drainage, traffic signals, and street improvements, including such easements as are necessary or as may otherwise be permitted by law.
2. 
Determination of Cost. When off-tract improvements are required, the Borough Engineer shall calculate the cost of such improvements in accordance with the procedures for determining performance guaranty amounts in N.J.S.A. 50:55-D-53.4. Such costs may include, but not be limited to, any or all costs of planning, surveying, permit acquisition, design, specification, property and easement acquisition, bidding, construction, construction management, inspection, legal, traffic control and other common and necessary costs of the construction of improvements. The Borough Engineer shall also determine the percentage of off-tract improvements that are attributable to the applicant's development proposal and shall expeditiously report his findings to the board of jurisdiction and the applicant.
3. 
Improvements required solely for the application's development. Where the need for an off-tract improvement is necessitated by the proposed development and no other property owners receive a special (i.e., more than incidental) benefit therefrom, or where no planned capital improvement by a governmental entity is contemplated, or the improvement is required to meet the minimum standard of the approving authority, the applicant shall be solely responsible for the cost and installation of the required off-tract improvements. The applicant shall elect to either install the off-tract improvements or pay the municipality for the cost of the installation of the required off-tract improvements.
4. 
Improvements required for the applicant's development and benefiting others. Where the off-tract improvements would provide capacity in infrastructure in excess of the requirements in paragraph p3 above, or address an existing deficiency, the applicant shall elect to either install the off-tract improvements, pay its pro rata share of the cost to the Borough, or pay more than its pro rata share of the cost to facilitate the construction of the improvement(s) and accept future reimbursement so as to reduce its payment to an amount equal to its pro rata share. If a developer elects to address the required off-tract improvement(s) by making a payment, such payment shall be made prior to the issuance of any building permit. If the applicant elects to install the off-tract improvements or to pay more than its pro rata share of the cost of the improvements, it shall be eligible for partial reimbursement of costs of providing such excess. The calculation of excess shall be based on an appropriate and recognized standard for the off-tract improvement being constructed, including but not limited to gallonage, cubic feet per second and number of vehicles. Nothing herein shall be construed to prevent a different standard from being agreed to by the applicant and the Borough Engineer. The process, procedures and calculation used in the determination of off-tract costs shall be memorialized in a developer's agreement to be reviewed and approved by the Borough Attorney, who may request advice and assistance from the Board Attorney. Future developers benefiting from the excess capacity provided or funded by the initial developer shall be assessed in their pro rata share of off-tract improvement cost based on the same calculation used in the initial calculation. Such future developers shall pay their assessment, plus a 2% administration fee not to exceed $2,000, to the Borough at the time of the signing of the final plat or final site plan as a condition precedent to such signing. The Borough shall forward the assessment payment to the initial developer, less any administration fee, within 90 days of such payment.
5. 
Performance Guaranty. If the applicant elects to construct the improvements, the applicant shall be required to provide, as a condition of final approval, a performance guaranty for the off-tract improvements in accordance with N.J.S.A. 50:55D-53. All off-tract improvements are subject to the review and approval of the municipal engineer.
6. 
Certification of Costs. Once the required off-tract improvements are installed and the performance bond released, the developer shall provide a certification to the Borough Engineer of the actual costs of the installation. The Borough Engineer shall review the certification of costs and shall either accept them, reject them, or conditionally accept them. In the review of costs, the Borough Engineer shall have the right to receive copies of invoices from the developer sufficient to substantiate the certification. Failure of the developer to provide such invoices within six months of the Borough Engineer's request shall constitute forfeiture of the right of future reimbursement for improvements that benefit others.
7. 
Time limit for reimbursement. Notwithstanding any other provisions to the contrary, no reimbursement for the construction of off-tract improvements providing excess capacity shall be made after 10 years has elapsed from the date of the acceptance of the certification of costs by the Borough Engineer.