[Added 12-19-2016 by Ord. No. 012-2016]
A. Purpose and intent.
1. The Town of Hammonton recognizes the need for affordable housing that can be offered as rentals for the target population who require smaller, more reasonably priced accommodations such as one-, two- and three-bedroom living facilities. It is the intent of this section to create a realistic opportunity for the construction of a portion of the low- and moderate-income housing obligation of the Town of Hammonton under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq.; the rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1 et seq. (the "Rules"); and the Mount Laurel Doctrine.
2. This section shall apply specifically to the existing rental development along 12th Street (Route 54) on Block 1201, Lots 5 & 5.01 (the "Property"), as shown on the concept plan prepared by Duffy Dolcy McManus & Roesch, dated October 15, 2015 ("Concept Plan"), attached as Exhibit "A".
3. This section acknowledges that 52 apartments currently exist on the property, and that it is the intent of this section to control development on the property for an additional 84 rental units (as defined herein) for a total no greater than 136 rental units. This section creates a IDZ implementing the Concept Plan referenced above, designed to increase an existing rental development to a total of up to 136 rental units, with a 15% set-aside of any new units that are constructed to be designated as affordable rentals that will be governed by controls on affordability that will terminate in accordance with the applicable Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC") requirements and the Rules.
B. General provisions. Because this section provides specialized regulations for housing types, land use, improvements, site planning, and building design within the IDZ, the standards and requirements of this section supersede and replace all conflicting provisions in the Town of Hammonton Developmental Ordinance and Zoning Ordinance, except for the stormwater management regulations found in Article XVII, the air quality, fire management, fish and wildlife, historic and cultural preservation, water quality, and wetlands regulations found in Article XII and Pinelands Development Credit regulations found in Article XIII of the Town of Hammonton Land Development Ordinance. Specifically, the following provisions of the Town of Hammonton Development Ordinances are applicable to the IDZ Zone: 1) Article XVII; 2) § 175-89(B)(1); 3) § 175-107(A); and 4) § 175-145(E)(12)(a). All ordinances of the Town of Hammonton that are inconsistent with the provisions of this section are superseded by the provisions of this section.
C. Permitted uses. The following uses are permitted in the IDZ Zoning District.
1. All uses permitted in the H-B Highway Business Zoning District.
2. Dwelling Unit/Apartment, Multiple -Family.
D. Accessory uses. The following accessory uses are permitted in the IDZ Zoning District.
1. All accessory uses permitted in the H-B Highway Business Zoning District.
2. In multi-family development, accessory uses may include:
a. Private, passive or active recreational facilities, including, but not limited to, a community building.
b. Stormwater facilities.
c. Signage subject to § 175-161(D)(4).
e. Parking subject to the New Jersey Residential Site Improvements Standards ("RSIS").
f. Other accessory uses and structures normally considered incidental to apartment and/or multifamily buildings, i.e., refuse enclosures, sheds for maintenance equipment and HVAC units.
g. Except as set forth herein, all accessory uses and structures shall be permitted within the setback areas for principal buildings and comply with § 175-87.
E. Signs. Signs for the multi-family residential development shall conform to § 175-161D(4), except that sign setbacks shall be no less than 15 feet from a right of way.
F. Bulk standards related to non-residential development shall be the same as those established in the H-B Highway Business Zoning District.
G. Bulk standards related to multi-family residential development:
1. Maximum residential density. 12 dwelling units per gross acre. This section acknowledges that there are currently 52 existing apartment units on the property. The maximum number of new units permissible in the zone is 84 units. The total maximum number of all units shall be no greater than 136 units.
2. Maximum impervious coverage: 75%
3. Minimum front yard setback for principal buildings: 65 feet
4. Minimum side yard setback for principal buildings: 40 feet
5. Minimum rear yard setback for principal buildings: 20 feet
6. Minimum parking setback: 10 feet (between buildings and parking areas)
7. Maximum building height: 45 feet or 3 stories
8. Minimum space between buildings: No building shall be closer than 50 feet to any other building.
9. Common open space. 15% of the gross tract area. All common open space shall be set aside as permanent common open space to be owned and/or maintained by the property owners or the management entity of the multifamily buildings.
10. Recreation area. A clubhouse or community building with a minimum size of 2,800 sf. and a tot lot shall be provided. Additional recreational activities may be provided. All recreational activities shall be subordinated to the residential character of the development, and no advertising shall be permitted. Architectural elevations and floor plans shall be provided at the time of application for site plan review for the clubhouse or community building.
11. On-site parking and site access.
a. Parking shall be regulated by New Jersey Residential Site Improvement Standards (RSIS).
b. On-site parking facilities shall be limited to passenger vehicles of permanent residents and their guests. Storage of trucks, boats, trailers, etc., shall be prohibited.
c. Design controls applicable for on-site parking facilities are set forth in the site plan and subdivision regulations found in § 175-118 except that in order to maintain the character of the existing community curbing is not required.
d. Sidewalks shall be provided to reasonably connect the residential units to the parking area and shall be consistent with the Concept Plan.
e. A secondary ingress/egress shall be provided on Commence Way.
f. Community Building. Parking spaces shall be no closer than five feet to the building. The drive aisle shall be no closer than 15 feet to the street line except for the access driveway.
12. Landscaping. Landscaping shall conform to § 175-136.
13. Lighting. Lighting shall conform to § 175-112, which includes the requirement to design lighting to prevent glare upon surrounding properties.
14. Refuse storage. The refuse storage areas shall be suitably located and screened and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle. Refuse storage structures may be erected in the side and rear yard areas only, and the required setback shall be 1/2 that required for principal buildings.
15. Buffer. The buffer area shall be provided in accordance with the requirements of § 175-91, except that storm drainage facilities may be located within the buffer area. The buffers shall be located along all side and rear lot lines. The width of the buffer shall be a minimum of 20 feet.
16. Building Design. The design of the new buildings and units shall be similar in appearance and style as the rendering attached as Exhibit "B".
17. Affordable Housing Requirements.
a. Fifteen percent (15%) of all new units constructed shall be provided as affordable housing units. The affordable housing units shall be constructed as rentals.
b. Affordable units shall comply with the New Jersey Barrier-Free Subcode accessibility requirements, N.J.A.C. 5:23.7, as required by the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301, et seq.
c. The affordable housing units shall be developed and rented in accordance with the applicable UHAC and COAH regulations adopted as of the date of the adoption of this section.
d. The affordable housing units shall be dispersed in various buildings throughout the multi-family development. The affordable units shall be phased consistent with N.J.A.C. 5:93-5.6(d).
e. Consistent with UHAC, the developer (or its agent) may act as the administrative agent to be responsible for the administering of the affordable housing program and reporting to the Municipal Housing Liaison or the Town's designated affordable housing entity.
f. Controls on affordability shall expire in accordance with the applicable UHAC and COAH regulations adopted as of the date of the adoption of this section.
H. Rehabilitation requirements for existing five buildings.
1. In conjunction with the new construction of the multi-family residential development contemplated under this section provision, the five existing multi-family residential buildings shall be rehabilitated to conform as much as practicable in light of the requirement for the elimination of cost-generative features. The rehabilitation of the existing buildings shall be phased with the new construction. For purposes of this section, rehabilitation shall mean cosmetic and architectural design features to the existing buildings exterior that complement the new construction style. The five existing buildings after rehabilitation shall look substantially similar to the elevation attached hereto as Exhibit "C".
2. The existing five buildings on the property shall be rehabilitated in accordance with the following phasing schedule:
New Building Certificate of Occupancy (CO) Issued | Required Completion of Rehabilitation of Existing Five Buildings |
Building #1 | 0 |
Building #2 | 1 of the existing buildings completed |
Building #3 | 3 of the existing buildings completed |
Building #4 | 5 of the existing buildings completed |
A Certificate of Occupancy shall not be issued for any of the new buildings constructed unless and until the corresponding number of existing buildings, in accordance with the chart above, have been completely rehabilitated. Notwithstanding the foregoing, deviations from the phasing schedule shall be permitted upon application to the Planning Board for good cause, so long as the rehabilitation of the existing buildings is completed before the last Certificate of Occupancy is issued for the new construction.
I. Cost-Generation and Development Review Process. The Planning Board shall conduct its review of any multi-family residential development application in the IDZ Zoning District in accordance with N.J.A.C. 5:93-10 et seq.
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