§ 244-51.2. MF-AH-8 Mixed Residential-Affordable Housing-8 Zone., Article VI. Non-Pinelands Area Zoning District Regulations, Chapter 244. Land Use and Development Regulations, Part II. General Legislation, Code of Ordinances, Jackson

Intent. The intent of the MR-AH-8 Zone is to provide a suitable location(s) for the construction of inclusionary housing, which will provide the construction of between 192 and 220 low- and moderate-income households in a manner that is consistent with the Township's duly-adopted Housing Element and Fair Share Plan for the period 1999 to 2025.

Permitted principal uses of buildings and structures are as follows:

(1)

Detached single-family dwellings.

(2)

Two-family dwellings.

(3)

Multifamily dwellings.

(4)

Open space and recreational uses and facilities.

(5)

Retention drainage basin(s) and related structures; provided, however, that said basin(s) is (are) designed and used as an amenity and for aesthetic purposes, as well as for drainage, flood control, water recharge and fire-protection purposes.

(6)

Essential services.

(7)

Clubhouses/community buildings for social and recreational uses.

[Added 3-13-2018 by Ord. No. 03-18]

Permitted accessory uses of buildings and structures are as follows:

(1)

Fences and walls, subject to the provisions of § 244-190.

(2)

Gatehouses.

(3)

Off-street parking and garages, subject to the provisions of § 244-197 and § 244-198.

(4)

Satellite dish antennas, subject to the provisions of § 244-165.

(5)

Sheds (garden, storage or tool): A maximum of one shed shall be permitted per residential lot.

(6)

Signs, subject to the provisions of § 244-207.

(7)

Buildings or structures necessary for the administration and/or maintenance of the infrastructure, streets, off-street parking facilities, drainage facilities, recreational facilities, open space areas and other facilities and areas that are the maintenance responsibility of a homeowners' association for the development.

(8)

Other customary accessory buildings, which are clearly incidental to the principal use and buildings and for the exclusive use of residents of the development, and which shall be limited to social and recreational uses.

Conditional uses, subject to the provisions of Article VIII of this chapter, are as follows:

(1)

Public utilities subject to § 244-51.2; however, the minimum lot size for a pump station shall be 20,000 square feet with minimum lot width of 100 feet.

[Amended 3-13-2018 by Ord. No. 03-18]

Area, yard and building requirements are as follows:

(1)

The minimum tract area for a mixed residential development shall be 100 contiguous acres under a single ownership or control.

(2)

The minimum tract frontage of a mixed residential development shall be 250 continuous feet along an existing minor arterial or major collector as identified in the Circulation Plan Element of the Jackson Township Master Plan.

(3)

The minimum tract width of a mixed residential development shall be 250 feet.

(4)

The minimum tract depth of a mixed residential development shall be 250 feet.

(5)

The maximum number of dwelling units in the MR-AH-8 Zone shall be 1,100 units.

(6)

The minimum unoccupied open space in a mixed residential development shall be 30%.

(7)

All parking areas and other aboveground improvements, with the exception of access drives or access roadways, landscaping and screening areas, and permitted signs shall be set back a minimum of 35 feet from the exterior tract boundary of the mixed residential development.

(8)

Principal buildings shall be set back a minimum of 50 feet from the exterior tract boundary of the mixed residential development.

(9)

The following standards shall apply to multifamily residential buildings in a mixed residential development:

(a)

The maximum principal building height shall be 45 feet and not more than three stories, subject to the provisions of § 244-156.

(b)

The maximum building length viewed from any elevation shall be 200 feet.

(c)

No multifamily residential building shall contain more than 24 units.

(d)

No multifamily residential building containing more than 16 units shall be located within 100 feet of any exterior boundary of the mixed residential development.

(e)

No multifamily residential building shall be located closer than 30 feet to any access drive or internal roadway.

(f)

No multifamily residential building shall be located closer than 20 feet to any parking area, except for access aisles or driveways to garages and/or carports that serve the multifamily residential building.

(g)

The minimum distances between multifamily residential buildings and other principal buildings shall be as follows:

[1]

Any building side wall to side wall shall have a minimum distance of 30 feet between the midpoint of said side walls, and/or a minimum distance of 25 feet between the side wall corners.

[2]

Any building side wall to front or rear building walls shall be a minimum distance of 40 feet between the midpoint of said walls and/or a minimum distance of 30 feet between the side wall building corner and front or rear wall building corner.

[3]

Any front-to-rear, front-to-front or rear-to-rear building wall shall have a minimum distance of 50 feet between the midpoint of said walls and/or a minimum distance of 40 feet between the building wall corners.

(10)

Area, yard and building requirements for detached single-family development and two-family development shall be as follows:

[Amended 3-13-2018 by Ord. No. 03-18]

(a)

Single-family dwellings:

[1]

Lot area: 9,000 square feet.

[2]

Lot width: 75 feet.

[3]

Lot frontage: 60 feet.

[4]

Lot depth: 120 feet.

[5]

Front yard setback: 30 feet.

[6]

Rear yard setback: 30 feet.

[7]

One side yard setback: 10 feet.

[8]

Combined side yard setback: 20 feet.

[9]

Maximum building height: 35 feet.

[10]

Maximum accessory building height: 15 feet.

[11]

Maximum building coverage: 30%.

[12]

Maximum lot coverage: 70%.

[13]

Environmentally constrained areas may be considered as a portion of a 9,000 square foot lot; however, no development shall be permitted on the environmentally constrained area(s).

(b)

Two-family dwellings:

[1]

Lot area: 14,000 square feet.

[2]

Lot width: 110 feet.

[3]

Lot frontage: 90 feet.

[4]

Lot depth: 120 feet.

[5]

Front yard setback: 30 feet.

[6]

Rear yard setback: 30 feet.

[7]

Side yard setback: 15 feet.

[8]

Maximum building height: 35 feet.

[9]

Maximum accessory building height: 15 feet.

[10]

Maximum building coverage: 30%.

[11]

Maximum lot coverage: 70%.

(c)

Notwithstanding the bulk requirements for lots for two-family dwellings that are set forth in this section, fee simple units on a duplex lot shall be permitted, provided that the combined lots for each duplex building shall meet the bulk requirements of Subsection E(10)(b) above and further provided that one side yard may be zero.

(d)

No accessory building shall be located in any required front yard area on single-family residential and two-family residential lots.

(e)

Environmentally constrained areas may be considered as a portion of a 14,000 square foot lot; however, no development shall be permitted on the environmentally constrained area(s).

(11)

The maximum building height for clubhouses/community buildings shall be 35 feet.

[Added 3-13-2018 by Ord. No. 03-18]

Affordable housing requirements.

[Amended 3-13-2018 by Ord. No. 03-18]

(1)

Twenty percent of the residential units within a mixed residential development, but no less than 192 units, shall be set aside for low- and moderate-income households without court approval. A minimum of 17% of the low- and moderate-income units shall be set aside for very-low-income households per court-approved settlement agreement, the Jackson Township Housing Element and Fair Share Plan, COAH regulations and the Uniform Housing Affordability Controls. The required very-low-income unit requirement for the purposes of determining satisfaction of the required 20% set-aside.

(2)

No fewer than 40% of the required low- and moderate-income units shall be located in any given section of a mixed-residential development.

Buffer requirements.

(1)

No use, building, or structure shall be constructed, placed, located or erected within 50 feet of an exterior boundary of the mixed residential development, with the exception of entrance roadways, gatehouses, signs, utilities, fences or walls.

(2)

No portion of the tract buffer area shall be part of a private residential or nonresidential lot, but instead shall be part of the common open space used and maintained by the homeowners' association.

(3)

All buffer areas shall be in accordance with the provisions of § 244-50E(2), (3) and (4).

Solid waste storage.

(1)

For multifamily residential units, without attached garages, solid waste storage shall be provided in accordance with the provisions of § 244-208.

(2)

Solid waste storage areas shall be in accordance with the provisions of § 244-50S(2), (3) and (4).

Outdoor lighting.

(1)

All interior development roads, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, but in no case shall such lighting be less than is required to provide a minimum lighting level of 0.5 horizontal footcandle throughout such areas from dawn to dusk. Where necessary, lights shall be shielded to avoid glare disturbing to occupants of the buildings. Lighting shall be so arranged as to reflect away from all adjoining residential buildings.

Recreation.

[Amended 3-13-2018 by Ord. No. 03-18]

(1)

Passive and active recreation areas, such as pathways, natural woods and fields, seating areas and lawns, shall be provided and suitably arranged throughout the site.

Parking.

[Amended 3-13-2018 by Ord. No. 03-18]

(1)

Off-street parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1).

(2)

Off-street parking areas.

(a)

Shall be set back at least 25 feet from any road or drive aisle if no parking is provided in front of a multifamily building; or

(b)

Shall be set back 20 feet from the back of the curb if parking in front of a multifamily building is provided.

(c)

De minimus exceptions to these requirements may be granted by the Planning Board to avoid cost-generative improvements during the approval process.

Courtyards.

(1)

Courtyards bounded on three or more sides by wings of the same building or by the walls of separate buildings shall be a minimum court width of three feet for each one foot in height of the tallest building or building wing.

Garages and/or carports.

(1)

Garages and/or carports serving multifamily development, when provided in a mixed residential development, shall be in accordance with § 244-501, § 244-197 and § 244-198.

Homeowners' association.

[Amended 3-13-2018 by Ord. No. 03-18]

(1)

A homeowners' association, composed of all of the residents of a mixed residential development, shall be created and shall be responsible for all of the activities per § 244-50J; provided, however, that the association may obligate the owners or occupants of individual units to remove snow from driveways and sidewalks servicing their respective units.

Improvements.

(1)

Unless specified otherwise herein, all public and private improvements on the site of a mixed residential development shall comply with the standards, criteria and requirements of this chapter.

Landscaping.

(1)

Landscaping within a mixed residential development shall be provided in accordance with the requirements of § 244-193.

Laundry equipment.

(1)

No outside area or equipment shall be provided for the hanging or outside airing of laundry in any manner.

Sectionalization and staging plan.

(1)

A sectionalization and staging plan for the construction of a mixed residential development shall be submitted as part of the preliminary site plan application and shall comply with the requirements set forth in § 244-50Q.

Sidewalks and aprons.

[Amended 3-13-2018 by Ord. No. 03-18]

(1)

Sidewalks and aprons shall be provided in accordance with the RSIS standards.

(2)

De minimus exceptions to these requirements may be granted by the Planning Board to avoid cost-generative improvements during the approval process.

Dwelling units.

(1)

Unit elevations. Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination.

(2)

Unit offset.

[Amended 3-13-2018 by Ord. No. 03-18]

(a)

For townhomes and stacked townhomes, not more than two consecutive dwelling units in the same building measured horizontally shall be constructed without setbacks, offsets and/or breaks in the front and rear building elevations of at least two feet.

(b)

For multifamily buildings other than townhomes and stacked townhomes, not more than two consecutive dwelling units in the same building measured horizontally shall be constructed without setbacks, offsets and/or breaks in the front and rear building elevations of at least four feet; provided, however, the four-foot offset may be satisfied by a deck or patio for each unit.

(3)

Unit width. Each attached dwelling unit shall have a minimum width of 18 feet.

Utilities.

(1)

No individual wells or individual sewage disposal systems shall be permitted, and each building shall be serviced with said utilities by a central supply or disposal system, which is approved by the Jackson Township Board of Health, Jackson Township Municipal Utilities Authority and other controlling agencies. No building permit shall be issued unless and until plans for such facilities have been submitted to the proper authorities for approval and adequate provisions are made to ensure that such necessary facilities shall be installed.

(2)

All buildings shall be connected to an approved and functioning public water supply system and sanitary sewer system prior to the issuance of any certificate of occupancy.

(3)

All utility lines within the site of a mixed residential development shall be installed underground.

[Amended 3-13-2018 by Ord. No. 03-18]

(4)

Unless otherwise required by the respective utility companies, all utility lines leading to the site may be installed above ground.

[Added 3-13-2018 by Ord. No. 03-18]

General development plan approval permitted.

(1)

A developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a mixed residential development pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) may submit a general development plan to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board.

(2)

The general development plan shall set forth the permitted number and type of dwelling units for the mixed residential development, in its entirety, according to a schedule that sets forth the timing of the various sections of the development. The mixed residential development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.

(3)

The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection V(4) of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

(4)

In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider the number of dwelling units to be constructed; prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment; the developer's capability of completing the proposed development; and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.

(5)

The following details shall be submitted as part of the general development plan:

(a)

A general land use plan indicating the tract area and general location of the permitted uses and residential dwelling unit types to be included in the planned development at a scale of not smaller than one inch equals 200 feet. The total number of dwelling units proposed shall be set forth and the locations of same shall be provided.

(b)

A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access within the planned development and any proposed improvements to the existing transportation system outside the planned development.

(c)

An open space plan showing the proposed land area and a general location of open space and recreation and any other land areas to be set aside for conservation and purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks, recreational lands and community facilities.

(d)

A utility plan indicating the need for and showing the proposed location of sewage and water lines; any drainage facilities necessitated by the physical characteristics of the site; proposed methods for handling solid waste disposal; and a plan for the operation and maintenance of proposed utilities.

(e)

A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site.

(f)

An environmental inventory, including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features, and the probable impact of the development on the environmental attributes of the site.

(g)

A community facility plan indicating the scope and type of supporting community facilities, which may include but not be limited to educational or cultural facilities, historic sites, libraries, hospitals, firehouses and police stations.

(h)

A housing plan outlining the number of housing units to be provided and the extent to which the proposed development is consistent with the affordable housing requirements pursuant to the Jackson Township Housing Element and Fair Share Plan, COAH Rules, and the Uniform Housing Affordability Controls.

(i)

A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal.

(j)

A fiscal report describing the anticipated demand on municipal services to be generated by the mixed residential development and any other financial impacts to be faced by Jackson Township as a result of the completion of the development. The fiscal report shall also include a detailed projection of property tax revenues that will accrue to the county, Township and school district according to the timing schedule provided under Subsection V(5)(k) of this section, and following the completion of the planned development in its entirety.

(k)

A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the planned development prior to the completion of the development in its entirety.

(l)

A municipal development agreement, which shall mean a written agreement between Jackson Township and a developer relating to the proposed development.

(6)

Required findings of the Planning Board. Prior to approval of a general development plan, the Planning Board shall find the following facts and conclusions:

(a)

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards for mixed residential development.

(b)

That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.

(c)

That provisions, through the physical design of the proposed development, for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.

(d)

That the proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

(e)

In the case of a proposed development that contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(7)

In addition, the Board may set forth those conditions which it deems necessary to protect the interests of the general public and the residents of the mixed residential development. Such conditions shall be predicated on the following criteria:

(a)

That each stage of development shall include required open space in proportion to that part of the total residential units in the development. Such open space shall include both recreation and conservation uses accessible to the resident population within the development.

(b)

That the size and timing of successive stages of a mixed residential development shall be conditioned upon the availability and provision of suitable capacity of facilities such as arterial highways, primary roadways of Ocean County, primary roadways of Jackson Township, sewer, water, stormwater drainage, and other services whose capacities must be expanded as a result of the development.

(8)

General development plan; timing schedule modification. In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual need for residential units within Jackson Township and the region, and the availability and capacity of public facilities to accommodate the proposed development.

(9)

General development plan hearing on modifications required.

(a)

The developer may make amendments or revisions to the general development plan. However, the developer shall be required to gain the prior approval of the Planning Board if, after approval of the mixed residential development, the developer wishes to make any variation in the location of land uses or to increase the density of residential development.

(b)

Any variation in the location of land uses or increase in density proposed in reaction to a negative decision of or condition of development approval imposed by the Pinelands Commission pursuant to P.L. 1979, c. 111 (N.J.S.A. 13:18A-1 et seq.), or Department of Environmental Protection pursuant to P.L. 1979, c. 111 (N.J.S.A. 13:18A-1 et seq.), shall be approved by the Planning Board if the developer can demonstrate, to the satisfaction of the Planning Board, that the variation being proposed is a direct result of such determination by the Pinelands Commission or the Department of Environmental Protection, as the case may be.

(10)

General development plan on modifications not required. Once a general plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer approved by the Planning Board.

(11)

Certification upon completion; failure to complete or comply; termination of approval.

(a)

Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligation under the approved plan. For the purposes of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit as set forth in the approved general development plan and pursuant to Section 15 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-133).

[1]

If the Township does not receive such notification at the completion of any section of the development, the Township shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.

[2]

If a developer does not complete any section of the development within two years of the date provided for in the approved plan, or if at any time the Township has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Township shall notify the developer, by certified mail, and the developer shall have 30 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The Township thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the Township finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.

(b)

In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development that is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the Township shall have cause to terminate the approval.

(12)

General development plan satisfactory completion. In the event that a development that is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential unit in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all obligations pursuant to the approval.

(13)

General development plan approval procedure. The Planning Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute general development plan approval of the planned development.

Open space requirements. Every tract of land developed in the MF-AH-8 shall include common open space and active and passive recreation areas in accordance with the following:

[Added 3-13-2018 by Ord. No. 03-18]

(1)

Open space requirements: For the purposes of this section, the term "open space" is defined to mean any area of land (exclusive of buildings, streets, parking areas, stormwater retention basins and utility rights-of-way or water) which is open to the sky and which is set aside for active or passive recreational use. Buffers may be included as passive recreation.

(2)

A minimum of 25% of the gross tract acreage shall be set aside for private use for active and passive open space and recreational purposes and for common open space.

(3)

A minimum of 50% of the required open space shall be exclusive of the environmentally constrained areas as listed in § 244-199A(3)(a) through (d).

(4)

Lands used or deeded to public agencies for roads, streets or utilities, including utility easements, shall not be defined as common open space. Bodies of water located within the tract may be counted as common open space.

(5)

Any lands set aside for open space shall be available for the residents and guests of the residents to use for active and passive recreational activities.

(6)

There shall be a close visual and physical relationship between open space and dwelling units. Open space areas shall be an integral part of the development and shall be located to best suit the purposes for which they are intended.