Attachment 1: 23-3.4A. Schedule of Lot, Yard and Building Regulations
Attachmennt 2: 23-3.4B. Schedule of Lot, Yard and Building Regulations -- R-2A, R-2B, R-2C and R-3B districtsAttachment 3: 23-3.4C. Scotch Plains Schedule of Sign RegulationsAttachment 4: 23-3.4D. Schedule of Yard and Building Height Limitations for Detached Secondary Buildings in Residential DistrictsAttachment 5: Official MapAttachment 6 - Lidl Redevelopment PlanAttachment 7 - Redevelopment Plan for 475 Terrill RoadAttachment 8 - Redevelopment Plan for East Second StreetAtrtachment 9 - Redevelopment Plan 347 Park Avenue and 350 Forest Road
Attachmennt 2: 23-3.4B. Schedule of Lot, Yard and Building Regulations -- R-2A, R-2B, R-2C and R-3B districtsAttachment 3: 23-3.4C. Scotch Plains Schedule of Sign RegulationsAttachment 4: 23-3.4D. Schedule of Yard and Building Height Limitations for Detached Secondary Buildings in Residential DistrictsAttachment 5: Official MapAttachment 6 - Lidl Redevelopment PlanAttachment 7 - Redevelopment Plan for 475 Terrill RoadAttachment 8 - Redevelopment Plan for East Second StreetAtrtachment 9 - Redevelopment Plan 347 Park Avenue and 350 Forest Road[10-29-2018 by Ord. No.
2018-29[1]]
[1]
Editor's Note: This ordinance repealed former Ch. 23, Zoning,
adopted by Ord. No. 77-10, as amended.
a.
The purpose of this chapter is to encourage the most appropriate
use of land throughout the Township and to conserve the value of property,
with due consideration for the character of the zones and their peculiar
suitability for particular uses; all in accordance with a Comprehensive
Plan designed to lessen congestion in the streets; to secure safety
from fire, panic and other dangers; to promote health, morals, safety
and general welfare; to provide adequate light and air; to prevent
the overcrowding of land or buildings to avoid undue concentration
of population and, to that end, to regulate the height, design, appearance,
number of stories and size of buildings and other structures; the
percentage of the area of the lot that may be occupied; the size of
yards, courts, and other open spaces; the density of population, and
the location and use of buildings, structures, and land for trade,
industry, residence, or other purposes; and the height, size and location
of these uses within the limits of the Township; to encourage senior
citizens community housing construction consistent with provisions
permitting other residential uses of a similar density in the same
zoning district in accordance with the land use element of the Master
Plan as adopted by the Planning Board and implemented by the Township
Council. To encourage coordination of the various public and private
procedures and activities shaping land development with a view of
lessening the cost of such development and to more efficient use of
land.
b.
For the purpose of this chapter, all words used in the present tense
include the future tense. All words in the plural number include the
singular number, and all words in the singular number include the
plural number, unless the natural construction of the word indicates
otherwise. The word "shall" is mandatory and directory. The word "used"
includes "designed, intended, or arranged to be used."
a.
In its interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements adopted for the promotion
of the public health, safety, comfort, convenience and general welfare.
It is not intended by this chapter to repeal, abrogate, annul or in
any way to impair or interfere with any existing provisions of laws
or ordinances or any rules or regulations or permits previously adopted
or issued or which shall be adopted or issued pursuant to law relating
to the use of buildings or premises; nor is it intended by this chapter
to interfere with or abrogate or annul any easements, covenants or
other agreements between parties; provided, however, that where the
requirements of this chapter with respect to the use of buildings
or premises, the height of buildings, yards, courts, or other open
spaces are at variance with those required by such existing provisions
of law or ordinance, or by such rules, regulations or permits, or
by such easements, covenants or agreements, the more restrictive shall
control.
b.
Wherever the requirements of this chapter are at variance with the
requirements or any other lawfully adopted rules, regulations or ordinances,
the most restrictive of those imposing the higher standards shall
govern.
a.
Certificate of occupancy. Certificates of occupancy shall be issued
by the construction official in the manner prescribed in the Building
Code. On the serving of notice by the construction official to the
owner of any violation of any of the provisions or requirements with
respect to any building or use thereof or of land, as specified in
this chapter, the certificate of occupancy for such use shall be deemed
to be in violation of this chapter and subject to the penalties hereinafter
prescribed. A new certificate of occupancy shall be required for any
further use of such land or building. The fees for certificates of
occupancy shall be as specified in the Uniform Construction Code of
the Township.
b.
Records. It shall be the duty of the construction official to keep
a record of all applications for building permits, a record of all
permits issued, and a record of all certificates of occupancy, together
with a notation of all special conditions involved. He shall file
and safely keep copies of all plans submitted, and the same shall
form a part of the records of his office and shall be available for
the use of the officials of the Township. The construction official
shall prepare a monthly report for the Township Council, summarizing
for the period since his last report all building permits issued and
certificates countersigned by him. A copy of each such report shall
be filed with the Tax Assessor at the same time it is filed with the
Township Council.
c.
The administration and enforcement of this chapter is hereby conferred
upon the Zoning Officer or, if there is no duly appointed Zoning Officer,
the construction official of the Township; he and his duly appointed
assistants shall have such powers as are established by this chapter
or as may be reasonably implied. He or they shall be appointed by
the municipal manager of the Township and shall receive such compensation
as the Township Council may determine. In no case shall a permit be
granted for the construction, reconstruction or alteration of a building,
nor a certificate of occupancy issued for any building other than
by a written order of the approving authority.
In case any section or provision of this chapter, except as
far as the section or portion so declared invalid, shall be inseparable
from the remainder or any portion thereof.
For each and every violation of any provision of this chapter,
the owner, contractor, or other persons interested as general agent,
architect, building contractor, owner-tenant, or any other persons
who commit, take part, or assist in any violation of this chapter
or who maintain any building or premises in which any violation of
this chapter shall exist, and who shall have refused to abate the
violation within five days after written notice shall have been served
upon him either by mail or by personal service, shall for each and
every violation be imprisoned in the Union County Jail for a period
not exceeding 30 days or be fined not exceeding $500 or both, at the
discretion of the municipal judge before whom a conviction may be
had. Each and every day that such violation continues after such five-day
notice shall be considered a separate and specific violation of this
chapter.
The Township Council may, from time to time, in the manner provided
by law, amend, supplement, or change the regulations in districts
herein established. Prior to any such amendments, the Council shall
refer any such proposed amendment to the approving authority pursuant
to N.J.S.A. 40:55D-26. A protest against any proposed amendment or
revision of this chapter may be filed with the Township Clerk, signed
by the owners of 20% or more either of the area of the lots or land
included in such proposed change, or of the lots or land extending
200 feet in all directions therefrom inclusive of street space, whether
within or without the municipality. Such amendment or revisions shall
not become effective following the filing of such protest except by
the favorable vote of 2/3 of all members of the Township Council.
Any building permit heretofore issued pursuant to any ordinance
which provided for the erection of a building or structure in conformity
to the ordinance or ordinances to which this is an amendment and supplement
shall continue in full force and effect, provided that the holder
has established a vested right by undertaking such construction prior
to the date of adoption of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The relinquishment of property, or a cessation of the use
of the property, by the owner or lessee without any intention of transferring
rights to the property to another owner or of resuming the use of
the property.
A fully improved private street providing access to driveways
from an improved public street or private roadway.
A structure detached from a principal building Located on
the same lot and customarily incidental and subordinate to the principal
building or use.
A portion of a single-family dwelling with separate housekeeping facilities in accordance with the conditions set forth in Subsection 23-2.3p of this chapter and approved by the Zoning Officer subsequent to the submission of the notice of intent to establish accessory suite.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use.
An area or land which includes a total of 43,560 square feet.
The Zoning Officer of the Township of Scotch Plains.
As described herein shall mean a private residential community
comprised of single-family detached dwellings and accessory uses intended
for, and limited and restricted to, use and occupancy of:
Any person of the age of 55 years or over;
A husband or wife, regardless of age, residing with his or her
spouse, provided the spouse of such person is of the age of 55 years
or over;
The child or children residing with a permissible occupant,
provided the child or children is or are of the age of 19 years or
over; or
The individual or individuals, regardless of age, residing with
and providing physical or economic support to a permissible occupant.
Occupancy of any dwelling shall be restricted to persons of
the age of 55 years or over; provided, however, that a husband or
wife, regardless of age, residing with his or her spouse may occupy
such dwelling so long as such spouse is of the age of 55 years or
over. Further, no dwelling may be occupied by any child under the
age of 19 years. In the event that an owner of a lot dies, testate
or intestate, leaving as heirs one or more persons who do not qualify
as to age, these restrictions shall in no way be deemed to restrict
the ownership of said lot by the heirs; provided, however, that said
heir or heirs, their successors or assigns shall not reside in the
dwelling until he or she meets the age requirements, together with
such other requirements that may be contained herein.
The foregoing occupancy restrictions shall not be construed
to prohibit the occupant of any unit in an ACP from entertaining guests,
of any age, in their units, including temporary residency not to exceed
three months with no financial or other pecuniary consideration to
be paid therefor.
A travelway used to give immediate access to adjoining parking
spaces from another aisle, driveway, passageway or private garage.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement
whether by extension of a side or by increasing in height or by moves
of the building from one location or position to another.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
A street that connects and distributes traffic to and from
minor streets with access control, channelized intersection and restricted
parking.
Attics may be finished not to exceed 1/3 of the of the habitual
space of the story below; this language shall be consistent with the
UCC (Uniform Construction Code).[3]
Premises on which are held at periodic times auction sales
of merchandise or any other personal property.
A story partly underground and having 1/2 or more of its
clear ceiling height above the average level of the adjoining ground.
The Board established pursuant to N.J.S.A. 40:55D-69 et seq.
An area unoccupied by any structures, parking spaces, driveways,
containers used for garbage, heating, ventilating or air-conditioning
equipment and the like, or any other objects other than trees, plants
or other growing materials. The buffer area shall be totally within
the lot lines of the subject property and in no case shall the right-of-way,
street or other public area be used for the buffer area. The provision
of fencing and/or shrubbery or other landscaping in the buffer area
or as screening in lieu of the required ten-foot or twenty-foot buffer
area provided for in this chapter shall be to the satisfaction of
the approving authority and shall be adequate to provide a barrier
to reduce light and noise transmission to the adjacent property and
shall be properly maintained in conformance with the ordinances of
the Township.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
The square footage by which all buildings occupy a lot as
measured in a horizontal plane around the periphery of the facades,
and including the area under the roof of any structure.
The vertical dimension measured from the average elevation
from the finished lot grade at the front of the building to the highest
point of ceiling of the roof rafters of the top story of a flat roof,
to the top of a deckline of a mansard roof, and to the top of the
rafters of the ridge of a gable, hip, or gambrel roof.
A line formed by the intersection of the most projected portion
of the foundation wall with the ground of each side of the building,
cantilevered sections of a building, overhangs, or other projections,
unroofed porches, and steps, and chimneys shall not be considered
in determining the building line unless they project more than three
feet beyond the foundation. All yard requirements shall be measured
to the building line.
An establishment which offers a product or merchandise for
sale to the public, or offers a service to the public for which a
fee is paid.
A business establishment which does not offer a product or
merchandise for sale to the public but offers a service to the public.
However, personal services, such as barbershops and beauty shops,
and repair services, such as radio and television repair shops, are
not to be included within the definition of business office.
Wherever in this chapter the terms "business zone" or "commercial
zone" appear, they are to be considered as one and the same.
A designated location either operated by a licensed retailer
for adult use or a permit holder for dispensing medical cannabis for
which both a state and local endorsement have been obtained, that
is either:
An indoor structurally enclosed area of the cannabis retailer
for adult use or permit holder that is separate from the area in which
retail sales of cannabis items for adult use or the dispensing of
medical cannabis occurs; or
An exterior structure on the same premises as the cannabis retailer
or permit holder, either separate from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical either
obtained from the retailer or permit holder, or brought by a person
to the consumption area may be consumed.
[Added 5-18-2021 by Ord.
No. 2021-9]
Any licensed person or entity that grows, cultivates or produces
cannabis in this state and sells and may transport this cannabis to
other cannabis cultivators or useable cannabis to cannabis manufacturers,
cannabis wholesalers or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 1 cannabis cultivator's license.
[Added 5-18-2021 by Ord.
No. 2021-9]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 cannabis
delivery license.
[Added 5-18-2021 by Ord.
No. 2021-9]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 cannabis distributor's
license.
[Added 5-18-2021 by Ord.
No. 2021-9]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to the other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer's
license.
[Added 5-18-2021 by Ord.
No. 2021-9]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to the consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 cannabis retail license.
[Added 5-18-2021 by Ord.
No. 2021-9]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 cannabis wholesaler
license.
[Added 5-18-2021 by Ord.
No. 2021-9]
A governmental acquisition of real property or major construction
project.
A story partly underground and having more than 1/2 of its
clear ceiling height below the average level of the adjoining ground.
A certificate issued by the Zoning Officer or the construction
official upon completion of construction, alterations, or change in
use of a building. The certificate shall acknowledge compliance with
all requirements of this chapter or such adjustments thereto granted
by the approving authority and that the building was constructed in
accordance with the plans and specifications filed with the construction
official and meets all other applicable Township regulations.
A building or group of buildings, including customary secondary
uses and buildings designed or intended for public worship. For the
purpose of this chapter, the word "church" shall include chapels,
congregations, temples, cathedrals, and similar designations as well
as rectories, parish houses, convents, day cares and such secondary
uses, incidental to the primary use.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, waterways, railways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
Development other than planned development.
A composite of the Master Plan for the physical development
of the county in which the municipality is located with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the county Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
The Planning Board of the County of Union.
A dead-end street with a turnaround at the end.
The officially established grade of the curb in front of
the midpoint of the lot or, in the absence of an officially established
curb level, the mean level of any existing curb or of the lot at the
street line.
Calendar days.
Fences which may extend to a height of not more than eight
feet, with supporting posts allowed to extend an additional six inches
for a total allowable height of eight feet six inches above grade.
Deer fences and poles may be dark brown, dark green, or black to blend
with landscaping. Deer fences shall be permitted to provide protection
of property of residents of the Township of Scotch Plains. Deer fences
may be erected in the front yard of a property in order to protect
individual, isolated landscaping.
[Added 8-18-2020 by Ord.
No. 2020-15]
De minimis changes shall be allowed to be reviewed and approved
by the Traffic Safety Officer, Engineer, Assistant Engineer or Zoning
Officer as it relates to development. Any changes that shall be deemed
de minimis shall not create any negative effect that shall diminish
health, safety, welfare or traffic safety as it relates to the development.
"De minimis" shall mean inconsequential, insignificant, meager,
moderate, modest, negligible, of minor importance, of no account,
paltry, petty, obscure, scanty, slight, trifling, trivial, unworthy
of serious consideration.
The permitted number of dwelling units per gross area of
land to be developed.
Optional reduction in otherwise specified lot sizes and setbacks in a one-family residential development, in exchange for the dedication of common open space either to the Township where the Township so determines, or to a neighborhood association formed on a compulsory basis of the purchasers of homes in the development, such that there is not more than the number of homes which could be developed under the zoning otherwise specified. This number shall be determined by comparing subdivision plans to be prepared by the developer with and without such reduction in lot size. Minimum tract size for the application of density zoning shall be 10 acres, and shall be permitted only where determined by the approving authority to be appropriate for the reservation of common open space and to be compatible with the planning and design of adjoining and nearby presently or potentially developed areas. The common open space shall be appropriately improved for recreation use, or installation of detention ponds for flood and drainage control, or shall have appropriate protective measures or initial maintenance provided where conservation is proposed, before such open space is dedicated by the developer, as provided in the Subdivision Ordinance (Chapter 22 of this Code).
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alterations,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill and any use or change in the use
of any building or other structure, or land or extension of use of
land for which permission may be required pursuant to N.J.S.A. 40:55D-1
et seq. Development shall also include any modification to an existing,
approved site plan, including but not limited to parking lot modifications
and/or expansion, installation or modification of lighting improvements,
placement of trash receptacles, except that routine maintenance of
any improvement on a site shall not be considered a development.
A zoning ordinance, subdivision ordinance, site plan ordinance,
Official Map, ordinance or other Township regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to N.J.S.A. 40:55D-1 et seq.
The Division of State and Regional Planning in the Department
of Community Affairs.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
A travelway providing access from a public street or access
roadway to an aisle, passageway of a parking lot or private garage.
One or more rooms which are so designed as to provide living
facilities for one family to reside in and which functions as a single,
independent and separate housekeeping unit.
A detached building containing a dwelling unit designed for
or occupied exclusively by one family.
A municipal advisory body created pursuant to P.L. 1968,
C. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
One or more persons lawfully occupying a dwelling unit and
living as a single nonprofit housekeeping unit. Also permitted are
foster children placed with a family in a dwelling by the Division
of Youth and Family Services in the Department of Institutions and
Agencies or duly incorporated child-care agency and children placed
pursuant to law in single-family dwellings known as "group homes."
As used in this section, the term "group home" means and includes
any single-family dwelling used in the placement of children pursuant
to law recognized as a group home by the Department of Institutions
and Agencies in accordance with rules and regulations adopted by the
Commission of Institutions; provided, however, that no group home
shall contain more than 12 children.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials
erected for the enclosure or screening of yard areas or portions thereof.
The official action of the Planning Board or Board of Adjustment
when the Board of Adjustment has jurisdiction, taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The sum of the horizontal areas of the floor or floors of
a building which are enclosed and usable for human occupancy. These
areas shall be measured between the outside face of exterior walls,
or from the center line of walls separating two dwelling units. This
area shall not include unfinished areas below the average level of
the adjoining ground, garage space, or accessory building space.
The land lying along the right-of-way line of a street between
the street lot lines of a lot.
A secondary use or building in conjunction with a primary
building or a portion of a primary building which provides for the
parking or storage of motor vehicles and in which no occupation, business
or services for profit is carried on.
Any garage other than a private garage which is available
for or used for the parking and storage of motor vehicles, boats or
other such equipment.
Animal and vegetable waste resulting from the handling, storage,
sale, preparation, cooking, and serving of foods. See "solid waste."
A building or buildings containing four or more dwelling
units of not over two stories, other than one- and two-family dwellings,
with the habitable floor area of each being on a single level or on
two levels, one above the other, provided with a private interior
individual stairway.
A building or group of buildings designed to accommodate
a group of dwelling units within a single project and which is designed
so that the group of dwelling units utilize such common facilities
as pedestrian walks, parking and garage areas, open space recreation
areas and utility and service facilities.
An area of 100 or more contiguous acres containing a full-size
golf course, at least 18 holes in length, totaling a minimum to-green
length of 6,000 yards, together with such other secondary uses as
may be permitted by this chapter.
The chief legislative body of the municipality.
The development of existing oversized lots or properties
by subdividing existing lots without the benefit of extending existing
roads, streets, or culs-de-sac, as outlined on the Official Map.[4] Any new development or subdivision of existing properties
that are newly created lots having existing frontage on an existing
street, as indicated on the Official Map, or which creates any new
streets, roads, or culs-de-sac shall not be considered infill development.
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey; and
In the case of civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire, or
enjoy property is or may be affected by any action taken pursuant
to N.J.S.A. 40:55D-1 et seq. or under any other law of this state
or of the United States have been denied, violated or infringed by
an action or a failure to act under this act.
Any area or structure used or intended to be used for the
conducting and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, cordage or any
used or disabled fixtures, vehicles or equipment of any kind.
Includes improvements and fixtures on, above or below the
surface.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
The square footage by which all buildings and other surfaces cover a lot as measured in a horizontal plane to the limits of the area or areas. All surfaced parking areas, and all required parking areas which are permitted to remain unsurfaced, shall be included in the computation of total lot coverage. Lot coverage shall also include the area covered by all sheds and the like, swimming pools (both aboveground and in-ground), patios, and tennis courts; as well as unpaved stone, gravel, or semipervious, nonvegetative surfaces. Except in cases where the lot coverage exceeds the requirement as outlined in Subsection 23-3.2 by not more than 5%, an owner may choose to have system installed to control that excess designed by a licensed NJ engineer, reviewed and approved by the Township Engineer.
The horizontal distance between the side lot lines of a lot
measured to its depth, along a straight line parallel to the front
lot line at the minimum building setback. In no case shall a lot be
less than those indicated and calculated on Schedule 23-3.4A.[5]
A parcel of land at the junction of and fronting on two or
more intersecting streets.
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required pursuant
to N.J.S.A. 40:55D-1 et seq.
Any subdivision not classified as a minor subdivision.
The production or assembly of articles or finished products
from previously refined raw materials by giving them new forms or
qualities.
A composite of one or more written or graphic proposals for
the development of the Township as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
The chief executive of the Township. The term shall not mean
the municipal manager but shall mean the Mayor of the Township of
Scotch Plains.
A license holder's cannabis business that has a smaller
footprint than a standard cannabis business, with respect to its business
operations, capacity, and quantity of product pursuant to N.J.S.A.
24:6I-36.f. A microbusiness shall meet the following requirements
regarding owners, passive investors, principals, and employees:
[Added 10-18-2022 by Ord.
No. 2022-27]
One hundred percent of the ownership interest in the microbusiness
license applicant or license holder shall be held by current New Jersey
resident(s) who has resided in the state for at least the past two
consecutive years, at the time of application.
At least 51% of the total number of persons included in the
microbusiness license applicant or license holder, including all owners,
principals, and employees, shall be residents of either the municipality
in which the microbusiness is or will be located, or of a municipality
directly bordering such municipality, at the time of the application.
The microbusiness license applicant or license holder shall
employ no more than 10 employees at one time.
A microbusiness facility shall occupy an area of no more than
2,500 square feet; the microbusiness facility shall include all areas
within the premises that are part of the microbusiness physical plant.
A microbusiness cannabis cultivator shall have a total cannabis
grow area that does not exceed 2,500 square feet, measured on a horizontal
plane, and 24 feet measured vertically above that plane and possess
a total of no more than 1,000 cannabis plants each month.
A microbusiness cannabis manufacturer shall acquire no more
than 1,000 pounds of usable cannabis each month.
A microbusiness cannabis retailer shall acquire for retail sale
no more than 1,000 pounds of usable cannabis, or equivalent amount
in any form of cannabis product or any combination thereof, each month.
A microbusiness holding an annual license shall not sell or
transfer its license. A microbusiness holding an annual license may
submit an application to convert from a microbusiness to a standard
cannabis business and expand beyond the requirements of this definition.
A subdivision of land that does not involve the creation
of more than three lots, planned development, any new street or extension
of any off-tract improvement.
A building or use which is designed or intended to be used
for the servicing, repair, maintenance, or cleaning of motor vehicles
or other automotive equipment, excluding any use which is defined
as a "private garage" by this chapter. In addition, business, properties,
structures in conjunction with the process of:
Sales and dispensing of motor vehicle fuels, sales of products
associated with motor vehicles, repair of motor vehicles as well as
retail convenience stores as outlined in Subsection 23-5.2e.
A building containing three or more dwellings units, including
units that are located one over another.
The municipal approving authority, or the governing body
of the municipality, when acting pursuant to N.J.S.A. 40:55D-1 et
seq., and any agency which is created by or responsible to the Township
when such agency is acting pursuant to N.J.S.A. 40:55D-1 et seq.
The Township of Scotch Plains.
Any undesired audible sound.
A building or structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of this
chapter, but which fails to conform to the requirements of the zoning
district in which it is located by reasons of such adoption, revision
or amendment.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the zoning ordinance
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
Such lot shall be able to be developed in all cases as long as the
development meets the minimum requirements as it relates to the requirements
listed in Subsection 23-3.4A, Schedule of Yard, Lot and Building Regulations.[6]
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
The specific purpose for which land or a building is used,
designed or maintained.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
The map, with changes and additions thereto, with changes
and additions thereto adopted and established from time to time, by
resolution of the Board of Chosen Freeholders[7] of Union County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
et seq.[8]
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
An off-street space available for the parking of a motor
vehicle and which, in this chapter, is held to be an area nine feet
wide and 18 feet long, 162 square feet exclusive of aisles, driveways
and passageways appurtenant thereto and giving access thereto.
For the purposes of notice any applicant for development,
the owners of the subject property and all owners of property and
government agencies entitled to notice pursuant to N.J.S.A. 40:55D-12
et seq.
Any security which may be accepted by a municipality, including
cash, provided that a municipality shall not require more than 10%
of the total performance guarantee in cash.
An area of not less than three acres, to be developed according
to a plan as a single entity containing one or more structures with
appurtenant common areas to accommodate commercial or office uses,
or both, and any residential and other uses incidental to the predominant
use as may be permitted.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
An area of not less than five acres, to be developed according
to a plan as a single entity containing one or more structures with
appurtenant common areas to accommodate industrial uses and other
uses incidental to the predominant use as may be permitted by ordinance.
An area not less than 10 acres, to be developed as a single
entity according to a plan, containing one or more residential clusters
or planned unit residential developments and one or more public, quasi-public,
commercial or industrial areas in such ranges or ratios of nonresidential
uses to residential uses as shall be specified in this chapter.
An area not less than 10 acres or more, to be developed as
a single entity according to a plan containing one or more residential
clusters, which may include appropriate commercial, or public or quasi-public
uses all primarily for the benefit of the residential development.
The Planning Board of the Township of Scotch Plains, established
pursuant to N.J.S.A. 40:55D-23 et seq.
A map or maps of subdivision or site plan.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
N.J.S.A. 40:55D-48 and N.J.S.A. 40:55D-49 prior to final approval
after specific elements of a development plan have been agreed upon
by the approving authority and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form,
its scope, scale and relationship to its site and immediate environs.
The main or principal activity taking place or intended to
take place in a building or on a lot.
The office of a member of a recognized profession maintained
for the conduct of that profession. The definition shall be limited
to the professions of medicine, law, architecture, engineering and
such similar professions which require a comparable degree of formal
education and experience.
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water to safeguard the public against flood damage, sedimentation,
and erosion.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency, or other
public body for recreational or conservational uses.
The majority of the full authorized membership of a municipal
agency.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building. However, a snack bar at a public or a community playground,
playfield, park or swimming club operated solely by the agency or
group operating the recreational facilities and for the sole use of
patrons of the facility shall not be deemed to be a restaurant.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant part of the
consumption takes place outside the confines of the restaurant, and
where ordering and pickup of food may take place from an automobile.
Takeout restaurants also encompass restaurants that sell food from
drive-up windows.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
As applied to garden apartment projects, shall mean and be
defined as a living room, a dining room, a kitchen or a bedroom. A
kitchenette, which does not include space for eating, or a dining
area of which one full wall is open into a living room shall be counted
as 1/2 room. A bathroom shall not count as a room.
A building subordinate to and located on the lot with the
principal building, the use of which is clearly incidental to that
of the principle building or to the use on the land. By way of example
sheds, barns, detached garages, stables and pool houses. An attached
private garage shall not be an accessory or secondary building.
A building subordinate to and located on the same lot with
a principal building, the use of which is clearly incidental to that
of the principal building or to the use of the land, and which is
not attached by any part of a common wall or common roof to the principal
building. An attached private garage is not an accessory building.
A subordinate use of a lot or building, the purpose of which
is incidental to that of the primary use and which is located on the
same lot.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A restaurant with tables and chairs on the sidewalk in front
or on the side of the premises.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes, waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping structures, and signs, lighting,
screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to an
ordinance requiring review and approval of site plans by the approving
authority adopted pursuant to N.J.S.A. 40:55D-37 et seq.
Unwanted or discarded material, including waste material
with insufficient liquid to be free-flowing.
That which creates the light, that is, the bulb, arc, flame,
etc.
An educational institution, either public or private, which
has been approved by the State of New Jersey Department of Education
exclusively for children with disabilities, to provide special education
and related services in accordance with federal and state law or regulation
(N.J.A.C. 6A:14 et seq.).
It is recognized that it may be in accordance with the purposes
of the Land Use and Development Ordinances of the Township of Scotch
Plains[9] and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.)
to permit activities for a limited period of time, under very specific
conditions, which activities may be prohibited by other provisions
of the aforesaid ordinance, if such uses are of such a nature and
are so located that at the time of petition.
A four-sided structure with doors, windows and roof.
Standards adopted by ordinance pursuant to N.J.S.A. 40:55D-65d,
regulating noise levels, glare, earthborne or sonic vibrations, heat,
electronic or atomic radiation, noxious odors, toxic matters, explosives
and inflammable matters, smoke and airborne particles, waste discharge,
screening of unsightly objects or conditions and such other similar
matters as may be reasonably required by the municipality; or required
by applicable federal or state laws or municipal ordinances.
A structure or any portion thereof as a secondary use for
the storage of goods, wares, merchandise, raw materials, agricultural
or manufactured products.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above it, then the space between any floor and the ceiling next above it. A "split level" story shall be considered a second story only if its floor level is six feet or more above the floor of the level next below it. Finished attics shall be exempt as long as they meet the requirements of the definition as listed as "attic, finished" (see Subsection 23-6.1).
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half story. A basement
shall also be included as a half story.
The limits of the land area covered by the waters in a stream
under conditions of an average twenty-five-year storm.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
or which is shown upon a plat heretofore approved pursuant to law;
or which is approved by official action as provided by N.J.S.A. 40:55D-1
et seq.; or which is shown on a plat duly filed and recorded in the
office of the county recording officer prior to the appointment of
an approving authority and the grant to such approving authority of
the power to review plats; and includes the land between the street
lines, whether improved or unimproved, and may comprise pavement shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines.
The land lying along the right-of-way line of a street between
the street lot lines of a lot.
That line determining the limit of the highway rights of
the public, either existing in fact or law, or contemplated as expressed
by an official act of the Township or as may otherwise be provided
by law.
A street with a single common ingress and egress.
Any streets that complies in width and construction with
municipal standards or a street meeting lesser standards that a municipality
agrees to accept.
A street that connects and distributes traffic to and from
minor arterials, with access controls, channelized intersections and
restricted parking. (Comment: Major arterials carry regional traffic
between communities at higher speeds and with traffic volumes of 10,000
vehicles per day.)
A street that interconnects and links arterials and distributes
traffic from collector streets. [Comment: Minor arterials overlap
major collectors to some extent. Traffic volumes between 5,000 and
10,000 vehicles per day (ADT) with speeds of 30 to 35 miles per hour.]
A street that has never been built but is shown on an approved
plan, subdivision plat, tax maps, or official map.
A street that has not been accepted by the municipality or
other governmental entity.
A road primarily serving as access to abutting building lots
in areas with densities of less than one dwelling unit per acre. (Comment:
Rural streets usually have rights-of-way of 40 feet and cartways of
18 feet to 20 feet without curbs and sidewalks. Parking may be permitted
on one side of the street only.)
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter, if no new streets are created: divisions
of land found by the approving authority or subdivision committee
thereof appointed by the Chairman to be for agricultural purposes
where all resulting parcels are five acres or larger in size, divisions
of property by testamentary or intestate provisions, divisions of
property upon court order, and conveyances so as to combine existing
lots by deed or other instrument. The term "subdivision" shall also
include the term "resubdivision."
A swimming pool operated as a secondary use to a residential
dwelling unit or units and located on an individual residential lot.
A structure or dwelling unit in a structure, containing three
or more dwelling units, arranged side by side or in clusters, so that
one dwelling unit is not above or below another dwelling unit. (See
"affordable housing" definition in Subsection 23-3.19).
The specific purpose for which land or a building is designated,
arranged, intended or for which it is or may be occupied or maintained.
Permission to depart from the literal requirements of this
chapter pursuant to N.J.S.A. 40:55D-60, 40:55D-40b, and 40:55D-70c
and d.
An open space, unoccupied by structures, on the same lot
with the principal building, extending the full width of the lot and
situated between the street line and the front line of the building
projected to the sidelines of that lot. Setback line shall be synonymous
with the rear limit of the required front yard area.
An open space unoccupied by structures, extending across
the full width of the lot and lying between the rear line of the lot
and the nearest line of any building on the same lot. The depth of
a rear yard shall be measured at right angles to the rear line of
the lot or, if the lot is not rectangular, then in the general direction
of its side building lines.
An open space, unoccupied by structures, between the sideline
of the lot and the nearest line to the building and extending from
the front yard to the rear yard or, in the absence of either side
yards, to the street or rear lot lines as the case may be. The width
of a side yard shall be measured at right angles to the sideline of
the lot.
Shall be the administrative officer designed to administer
this chapter and issue zoning permits of the Township of Scotch Plains.
A document signed by the administrative officer which is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of the municipal zoning ordinance or variance therefrom duly authorized
by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 70.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[3]
Editor's Note: See N.J.A.C. 5:23 et seq.
[4]
Editor's Note: Said map is included as an attachment to this chapter.
[5]
Editor's Note: Said Schedule is on file in the office of the
Township Clerk.
[6]
Editor's Note: Said Schedule is on file in the office of the
Township Clerk.
[7]
Editor's Note: Effective 1-1-2021, said Board will be renamed
"Board of County Commissioners." See N.J.S.A. 40:20-1.
[8]
Editor's Note: Said map is included as an attachment to this chapter.
[10-29-2018 by Ord. No.
2018-29]
No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged,
nor shall any land be used for any purpose other than those included
among the uses listed as permitted uses in each zone by this chapter
and meeting the requirements set forth in the appended schedule, nor
shall any open space contiguous to any building be encroached upon
or reduced in any manner, except in conformity to the area and bulk
requirements, off-street parking requirements, and all other regulations
designated in the schedule and this chapter for the zone district
in which such building or space is located. In the event of any such
unlawful encroachment or reduction, such building or use shall be
deemed to be violation of this chapter and the certificate of occupancy
shall become void.
a.
No structure shall be built within 50 feet of a stream bed which
carries water on an average of six months of the year, or on land
which is subject to periodic overflow of a stream.
b.
No person, firm or corporation shall strip, excavate, or otherwise
remove topsoil for sale or other use other than on the premises from
which taken, except in connection with the construction or alteration
of a building or such premises and excavating or grading incidental
thereto, or except as may be permitted by the Township Earth Removal
Ordinance.
c.
Existing natural features such as trees, brooks, drainage channels,
and views shall be retained. Whenever such features interfere with
the proposed use of the property, the Township Engineer may authorize
their removal or relocation, provided that there will be, in his opinion,
no substantial adverse effect upon other property values in the area,
and an alternate is not feasible.
a.
No lot shall have erected upon it more than one principal residential
building and no yard or other open space provided about any building
for the purpose of complying with the provisions of this chapter shall
be considered to provide a yard or open space for any other building
except in the case of multifamily townhouse and garden apartment developments.
b.
Every principal building, except townhouse, condominiums and garden
apartment structures, shall be built upon a lot with frontage upon
a public street improved to meet the Township's requirements, or for
which such improvements have been insured by the posting of a performance
guarantee pursuant to the Land Subdivision Ordinance of the Township
of Scotch Plains,[1] unless relief has been granted by the Board of Adjustment,
pursuant to N.J.S.A. 40:55D-36. In the case of townhouse and garden
apartment complexes, every building shall be built such that all access
is to an improved public street or improved private roadway connecting
with an improved public street.
c.
Where a building lot has frontage on a street which the Master Plan
or the Official Map of the Township[2] indicates is proposed for right-of-way widening, the required
front yard shall be measured from such proposed right-of-way line.
[2]
Editor's Note: Said map is included as an attachment to this chapter.
d.
No front yard shall be used for open storage of boats, trailers,
vehicles or equipment except for passenger automobile parking on driveways.
All open storage areas in other yard shall be suitably screened from
view from a public street.
e.
Business establishments or uses shall not display goods for sale
purposes nor shall coin-operated vending machines of any type be installed
in any location which would infringe upon the required yard areas
specified in this chapter.
f.
All yards, open space, off-street parking, and required landscaping
shall be contained within the zone in which the use is permitted.
g.
No commercial or construction vehicle(s) in excess of 10,000 pounds
gross vehicle weight shall be parked overnight or on Sunday in any
residential zone. In the R-1 and R-2 Zones, one commercial or construction
vehicle of 10,000 pounds gross vehicle weight or less may be parked
overnight or on Sunday, provided that it is parked in a fully enclosed
garage such that it is not visible from the street or neighboring
properties. No vehicle for commercial or other advertising purposes
shall be parked in any zone in the Township at any time.
h.
A secondary building or structure attached to a primary building shall comply in all respects with the yard, height and other requirements of this chapter applicable to the primary building. Detached secondary buildings shall not be placed in any front yard as defined in Subsection 23-1.8. No secondary building shall be placed in any other location that violates the front yard of any adjacent property, either developed or undeveloped as it relates/applies to Subsections 23-3.4A and 23-3.4B, and with the provisions of Subsection 23-3.4D.[3] This subsection shall apply to all lots and all configurations,
but not limited to culs-de-sac, corner lots, through streets, and
any other configuration that may apply.
i.
For the purpose of regulating the locations of buildings on lots
extending through between two parallel streets, all portions of a
through lot which fronts on a public street shall be subject to the
front yard requirements of the zone district in which the lot is located.
j.
When a new lot is formed so as to include within its boundaries any
part of a former lot on which there is an existing building or use,
the subdivision must be carried out in such a manner as will not infringe
upon any of the provisions of this chapter either with respect to
any existing structures or use and any proposed structures or use.
k.
The provisions of this chapter shall not apply to customary local
utility distribution or collection lines for water, gas, telephone
or electric service. All facilities such as pumping stations, repeater
stations and electric substations which require a structure above
grade in excess of 100 square feet or 10 feet in height shall be subject
to the provisions of this chapter with respect to conditional uses
as indicated in each of the respective zones.
l.
Off-street parking facilities shall adhere to the following:
1.
Off-street parking space shall be further specified in this chapter
and shall be furnished with necessary aisles, driveways, and passageways.
All such space shall be deemed to be required space on the lot on
which it is situated, and shall not be encroached upon or reduced
in any manner. All parking areas consisting of aisles, parking spaces
and passageways shall be constructed, clearly marked for car spaces
and adequately drained as approved by the Township Engineer. All driveways
(except when provided in connection with one-family and two-family
residences) shall be surfaced with an all-weather pavement, equal
to at least a two-inch bituminous wearing course over a minimum four-inch
bituminous stabilized base course and a four-inch-thick layer of Type
5 Class A subbase material (3/4 inch quarry-processed stone) clearly
marked for traffic operation. Parking areas and driveways for single-
or two-family residential properties shall be constructed of six inches
of 3/4 inch quarry-processed stone subbase and two inches of bituminous
concrete surface course (FABC) as a minimum. Parking areas and driveways
for other uses, except industrial, shall be constructed of four inches
of 3/4 inch quarry-processed stone subbase, four inches of bituminous
stabilized base course (BSBC) and 1 1/2 inches of bituminous
concrete surface course (FABC) as a minimum. Parking areas and driveways
for industrial uses shall be as approved by the municipal engineer.
2.
None of the off-street parking facilities as required in this chapter
shall be required for any existing building or use, unless said building
shall be enlarged or the use changed, in which case the provisions
of this chapter shall apply both to the existing and enlarged portion
of the building or new use.
3.
No off-street parking space shall be located within a required front
yard in any zone. In the case of townhouse and garden apartment complexes,
no parking spaces shall be provided within 20 feet (30 feet for the
B-1A Zone) from the edge of pavement of any access roadway. For the
purpose of this requirement, residential driveways shall not be considered
parking spaces.
4.
Construction plans for all one- and two-family dwellings, townhouses
and condominiums shall include an enclosed private garage of not less
than 12 feet by 20 feet. This section shall not apply to garden apartments,
nor second- and third-floor apartments over commercial or professional
buildings. All driveways associated with dwelling units shall be capable
of parking at least two additional vehicles.
5.
All parking areas and appurtenant aisles, driveways and passageways serving other than one-family and two-family residential uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation and at other times when required for the safety and security of the premises. The lighting shall not adversely affect others outside the site. Site lighting for uses other than detached single-family residential homes shall comply with the standards set forth in Chapter 21, Site Plan Review.
6.
No parking shall be permitted during nonbusiness hours on a motor
vehicle service establishment, unless the vehicle has become inoperable
in the process of mechanical repairs being performed on the premises.
7.
Should the approving authority decide that there is sufficient parking
by means of the ability of parking space in an adjoining or other
municipal parking lots, the applicant if approved shall be responsible
to pay to the municipality on an annual basis $150 per space per year.
This initial rate shall be fixed for the first three years. After
the first three years, the rate shall be increased by $100 per space
for each five years thereafter. This rate shall be calculated and
separate bill shall be provided by the Tax Collector of the Township
of Scotch Plains. Billing shall be made with the same billing as currently
exists on a quarterly basis for tax collection purposes. This calculation
and payment to the Township of Scotch Plains does not entitle the
payee to reserved spaces in any municipal lot.
8.
Prior to establishing a change of use of an existing commercial, industrial or multifamily residential structure(s), the owner or operator of such proposed use shall apply for and receive a permit from the Zoning Enforcement Officer. Prior to determination that such use is permitted, the owner or operator shall first pay the fees prescribed in Chapter 19, Subsection 19-3.4.
9.
In any business or industrial zone, any part of a building or structure
designed for the purpose of parking vehicles shall be constructed
so as to screen vehicles from view by means of a wall designed as
an integral part of the structure at least three feet in height, except
that nothing herein shall be construed so as to prevent a suitable
means of ingress and egress to such area. In addition, the approving
authority may require landscaping improvements in order to suitably
screen such parking facilities.
m.
All new subdivisions that are created which have less than 24 newly
created lots shall be accessed by a new road, with cul-de-sac termination.
Newly formed culs-de-sac shall not have a total average daily traffic
count exceeding 250 trips a day, based upon the RSIS Standard, Table
4.3 and Table 4.1, the Average Daily Motor Vehicle Traffic Trip Generation
per dwelling unit, which is based upon the peak rate of 10.1, which
calculates to a rate of 250, based upon the RSIS Standard.
n.
The limitations of sign area as set forth by this chapter for the
business and industrial zones shall not apply to parking lot markers,
directional signs, entrance and exit signs and other such signs which
are erected on the premises, provided that such signs do not exceed
four square feet in area on any one side.
o.
Fences may be erected, installed, altered or reconstructed to a height
of nominally four feet above ground level when located in a front
yard area, or to a height of nominally six feet above ground level
if located elsewhere on the lot, except that in no case shall any
fence be higher than nominally four feet above ground level when located
beyond a projection of any front building line of any adjacent improved
lots or the setback line of any adjacent unimproved lots. Fences may
be installed with an air space at the bottom to prevent decay and
deterioration, which fence shall not exceed four feet three inches
and six feet three inches. Fences shall be installed with the finished
side towards any neighboring property. In case of any question as
to which side is the finished side, the Zoning Officer shall determine
which side is the finished side based on manufacturer's literature
and industry standards.
[Amended 8-18-2020 by Ord. No. 2020-15]
1.
Exception: Deer fences shall be permitted to provide protection of property of the residents of the Township of Scotch Plains. Deer fences shall be allowed to extend to a height of eight feet and fence supporting posts shall be allowed to extend an additional six inches, for a total height of eight feet six inches above grade. (See Subsection 23-1.8, Definition No. 28.5.[4])
2.
This subsection shall not apply to fences erected for tennis courts
nor fences associated with the protection of any utility company property
where the utility may be subject to danger or harm from outside sources.
"Utilities" shall be defined under this section as electric, telephone,
including cell sites, water, sewer, gas, video, radio transmission,
and the like.
p.
Family accessory suite. The establishment of an accessory suite with
separate housekeeping facilities (including kitchen facilities) within
an existing single-family dwelling for not more than two blood relatives
over the age of 55 of the owner of the aforementioned household shall
not be considered a violation of the single-family residence zone
restrictions, provided that each and every one of the following conditions
are met:
1.
The existing residence is situated in any of the following zones:
R-1, R-2, R-2A, R-2B, R-2C, R-3, R-3A.
2.
Family accessory suite shall not comprise more than 750 square feet
of floor area of the dwelling.
3.
No enlargement of the established residence shall be permitted, except
that entrance and exit facilities may be altered to permit separate
access to the accessory suite, provided that there shall at all times
remain the opportunity for a continuous and unrestricted flow between
the accessory suite and the remainder of the residence.
4.
The accessory suite shall not at any time be used for profit or financial
gain.
5.
The accessory suite, as well as the remainder of the residence, shall
meet all housing code requirements as prescribed elsewhere in this
chapter.
6.
The lot upon which the residence is situated shall meet all area
and dimension requirements of the chapter for the zone in which it
is located unless the lot is a preexisting, nonconforming lot or a
nonconforming lot by prior approval.
7.
The existing residence shall comply with all yard requirements for
the zone in which it is situated unless the existing residence is
situated on a preexisting, nonconforming lot or a variance from any
of the required side, rear, and front yards has been obtained.
8.
A bathroom containing only a toilet, sink, and tub or stall shower
shall be permitted in the accessory suite.
9.
The applicant shall be required to submit to the Zoning Officer prior
to commencement or establishment of the proposed accessory suite the
notice of intent to establish accessory suite.
10.
The premises shall continue to be regarded as a single-family dwelling
for all purposes, including taxation.
11.
The permit for the accessory suite shall commence after the application
is approved by the Zoning Officer and shall terminate upon the sale
or transfer of the title to the property.
12.
A violation of any of the above conditions shall constitute a violation
of this chapter, entitling the Township to all available legal or
equitable remedies, in addition to the revocation of any permit issued
by the Township.
q.
Prohibited uses. Any use not specifically permitted in the zoning
district established by this chapter is hereby specifically prohibited
from that district, and further provided that the following uses and
activities shall be specifically prohibited in any zone in the Township:
1.
Class 1 - licensed cannabis cultivator; Class 2 - licensed cannabis
manufacturer; Class 3 - licensed cannabis wholesaler; Class 4 - licensed
cannabis distributor; Class 5 - licensed cannabis retailer; Class
6 - licensed cannabis delivery service; licensed cannabis microbusiness.
[Added 5-18-2021 by Ord. No. 2021-9; amended 10-18-2022 by Ord. No. 2022-27]
2.
Trailer coach parks.
3.
Automobile wrecking yards, junkyards or the sorting and baling of
scrap metal, paper, rags or other scrap material.
4.
Airports, heliports, helistops or other facilities required for landing
or departure of airborne vehicles.
5.
Dumps or sanitary landfills, incinerators, pyrolysis or high-temperature
combustion plants or composting plants or other methods for the disposal
of garbage, trash, refuse, junk or other waste materials.
6.
Coin-operated vending machines where they are not in an enclosed
building.
7.
The parking, storing, or keeping of dismantled, inoperative or discarded
motor vehicles or any parts thereof, unless within an enclosed building.
8.
Any use which has an objectionable industrial waste which is discharged
into a municipal sewer system or stream.
9.
Adult bookstores, businesses showing x-rated movies or live acts,
massage parlors and other businesses dealing primarily with indecent
or obscene materials, acts or paraphernalia.
r.
Aboveground fuel storage.
[Added 2-25-2020 by Ord.
No. 2020-2]
1.
Schools, churches, charter membership, charitable, religious, and
eleemosynary organizations; or any use associated with a public utility
company, or any utility use as defined as electric, telephone (including
cell site), water, sewer, gas, video, radio transmission and the like,
shall be specifically permitted to use any and all fuels for the operation
of any fueled generation systems, either above or below the ground.
This shall include, but not be limited to, gasoline, diesel, natural
gas and propane, as long as all of the necessary permits are obtained
and the installation is performed in accordance with the applicable
section or sections of the Uniform Construction Code.
2.
Fuel oil storage tanks.
(a)
Fuel oil storage tanks shall be permitted to be installed above
the ground in all residential zones for the purpose of storing home
heating fuel only. The minimum tank size shall be 60 gallons, and
the maximum shall be 660 gallons.
(b)
The proposed tanks shall be located not less than 20 feet from
each side lot line of the property. Aboveground storage tanks shall
only be located in the rear yards. Aboveground storage tanks shall
be located a minimum of five feet from the primary dwelling unit in
conformance with NFPA 31, and shall be placed on a minimum of a four-inch
concrete slab, with a minimum of four inches of crushed stone placed
on grade, and a layer of six-millimeter polypropylene. In addition
to the slab, there shall be a minimum of an eight-inch curb placed
on top of the slab on all four sides.
(c)
The tank shall be protected by a weatherproof cover aesthetically
compatible to the dwelling unit to which it is adjacent. It shall
be removable and consist of a minimum of three sides and a roof. The
slab shall be large enough to contain the proposed tank and shall
not exceed 10 feet in distance away from the primary structure.
s.
Special use permits.
1.
It is recognized that it may be in accordance with the purposes of
the Land Use and Development Ordinances of the Township of Scotch
Plains[5] and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.)
to permit activities for a limited period of time, under very specific
conditions, which activities may be prohibited by other provisions
of the aforesaid ordinance, if such uses are of such a nature and
are so located that at the time of petition they would:
(a)
Not exert a substantially detrimental effect upon the uses of
land and activities normally permitted in the district in which the
activity is proposed;
(b)
Contribute materially to the good and welfare of the Township
or its residents;
(c)
Be temporary/seasonal in nature and not substantially undermine
the Township Master Plan and/or Land Use and Development Ordinances;
and
(d)
Be located in a B-2 Business Zone or B-3 Highway Business Zone;
and
(e)
Not substantially intrude into areas under Planning Board or
Board of Adjustment control.
2.
In the event the Township Council finds the above to exist, the Township
Council of the Township of Scotch Plains may, in its sole discretion,
grant a special use permit for such activity, and no other application
or action shall be required of the petitioner in receipt of such special
use permit. The Township Council may refer such special use permit
request to any agency, department or board prior to its decision for
comment, but the Township Council shall not be bound by the same.
The Township Council shall limit the time period for which the special
use permit shall be valid, which time period shall not exceed 90 days
in the case of a special use permit issued for the erection, mounting
or other display of a sign, and one year in all other cases for which
a special use permit is issued, unless otherwise extended by the Township
Council. The Township Council may impose such other conditions upon
the special use permit as it deems appropriate.
3.
If required by the Township Council, the applicant for a special
use permit shall give notice of the application to the owners of all
real property, as shown on the current tax duplicate, within 200 feet
in all directions of the property which is the subject of the application
by lot and block and street address and shall contain a description
of what use the applicant is requesting and also at what meeting the
application will be heard (address, date, and time of meeting) and
that the recipient of the notice shall have the right to be heard
relative to the application. Notice shall be given by personally serving
a copy thereof on the property owner as shown on said tax duplicate
or his agent in charge of the property; or mailing a copy thereof
by certified mail to the property owner at the address as shown on
said tax duplicate.
4.
The applicant for a special use permit shall pay to the Township
an application fee of $35 to cover the Township's administrative expenses
in processing the application.
(a)
Applicants filing for an SUP shall make their application a
minimum of 45 days in advance of the date of the event.
(b)
The application fee is due at the time the application is filed and is nonrefundable. An applicant seeking a special use permit, which special use permit is substantially identical in all respects to a special use permit previously granted to the applicant by the Township Council pursuant to this section, shall file an application for same. The requirements set forth in Subsection 23-2.3s for an initial application for a special use permit shall apply to a renewal application, except that any requirement for notice shall be sent by certified mail, or personal service, 10 days prior to the hearing date with the applicant being required to file with the Township a certification of service.
5.
Sidewalk cafe permits. Notwithstanding anything to the contrary in
the above provisions, application for a special use permit for a sidewalk
cafe shall be made to the Zoning Officer, and such special use permit
may be issued by the Zoning Officer, subject to the requirements of
this subsection. The application shall be made in the form and manner
determined by the Zoning Officer and shall include such information
as may be required by the Zoning Officer to evaluate the application,
including but not limited to the name and address of the applicant;
the name and address of the owner of the property if other than the
applicant, and authorization of the owner for such application; a
drawing prepared by or on behalf of the applicant, depicting the proposed
location of tables, chairs, and other temporary structures or equipment
forming the sidewalk cafe, including proposed trash receptacles, if
any; the seating capacity of the proposed sidewalk cafe; and such
other information as may be reasonably required by the Zoning Officer.
Appeals from a decision of the Zoning Officer may be made to the Township
Council. In addition to any specific conditions imposed by the Zoning
Officer, sidewalk cafes shall be subject to the following requirements:
(a)
Sidewalk cafes shall be in the B-2 or B-3 Zone.
(b)
Pedestrian traffic shall not be impeded by the sidewalk cafe.
(c)
Acceptance of the permit by the applicant shall operate as consent
for the health, fire, police and Building Officials of the Township
to inspect the sidewalk cafe for continued compliance with the terms
and conditions of the permit and any federal, state, county or local
ordinance affecting the same.
(d)
Each holder of a sidewalk cafe permit shall be responsible for
keeping the area of the sidewalk cafe and adjacent sidewalk clean,
and free and clear of any debris or litter occasioned by the cafe.
t.
A zoning permit, as defined in Subsection 23-1.8 of this chapter, is hereby required by the Township of Scotch Plains for miscellaneous items, as listed herein, not normally associated with, or in conjunction with, a building permit. The purpose of a zoning permit is to ensure that the installation of said items is in conjunction with, and in conformance with, the plans that have been submitted, reviewed, and approved by the administrative officer who has the authority to issue the zoning permit for those installations. The fee for this zoning permit shall be $50. The fee associated with the installation of any of the items listed shall be waived if the item listed is approved by the Board of Adjustment.
1.
2.
Additionally, zoning permits shall be required for any nonresidential
use, building or structure, located in any zone. A complete and detailed
outline and proposal shall be submitted to the administrative officer,
on forms prescribed by the administrative officer, prior to occupying
any space in any zone. Only after review and approval by the administrative
officer shall occupancy be permitted. In a case where other permits
are required (building, plumbing, electric, fire or elevator), a zoning
permit must be obtained as a condition prior to the application for
such permits from the Building Department. The fee for the zoning
permit shall be $50.
3.
Failure to apply for and receive a zoning permit from the administrative
officer prior to occupancy shall result in a penalty in the amount
of $500 against the tenant, operator or owner of such establishment.
Any instance of failure to pay such fines or penalties shall be referred
to the Municipal Court of the Township of Scotch Plains.
a.
Any rezoning request made by a property owner or by the beneficial
owner of any property within the Township (other than for a rezoning
initiated by the Township or any of its constituent boards, bodies
or agencies or by any instrumentality of the county or of the State
of New Jersey) shall be made in writing to the Township Clerk and
be accompanied by the following fees:
b.
The fees set forth above shall be drawn as separate checks made payable
to "Township of Scotch Plains." The applicant shall be required to
replenish any planning escrow if the escrow posted is insufficient
to cover the planner's fees and costs. Any unexpended escrow shall
be refunded to the applicant.
c.
If the Township Council authorizes the Township Attorney to draft
a rezoning ordinance, the applicant shall post an additional $500
to cover the costs of drafting such ordinance. The applicant shall
be required to replenish said attorney escrow if the escrow posted
is insufficient to cover the Township Attorney's fees and costs. Any
unexpended escrow shall be refunded to the applicant.
d.
The applicant shall reimburse the Township for its actual out-of-pocket
costs if notice is required under N.J.S.A. 40:55D-62.1 in connection
with such request for rezoning.
[10-29-2018 by Ord. No.
2018-29]
[Amended 7-16-2019 by Ord. No. 2019-14; 7-16-2019 by Ord. No. 2019-15]
For the purpose of this chapter, the Township is hereby divided
into the following zones:
|
R-1
|
Residence Zone
|
|
Density Zoning
| |
|
R-2
|
Residence Zone
|
|
R-2A
|
Residence Zone
|
|
R-2B
|
Residence Zone
|
|
R-2C
|
Residence Zone
|
|
R-3
|
Residence Zone
|
|
R-3A
|
Residence Zone
|
|
B-1
|
Office and Multifamily Residence Zone
|
|
B-1A
|
Business-Research and Multifamily Residence Zone
|
|
B-2
|
Business Zone
|
|
B-3
|
Highway Business Zone
|
|
M-1
|
Industrial Zone
|
|
M-2
|
Industrial Zone
|
|
P
|
Public Zones - Existing
|
|
C
|
Conservation Zone
|
|
ML-1
|
Multifamily Zone
|
|
ML-2
|
Multifamily Zone
|
|
ML-3
|
Multifamily Zone
|
|
ML-4
|
Multifamily Zone
|
|
R-3B
|
Residence Zone
|
The boundaries of all zone districts shall be shown on a map
attached to and made a part of this chapter entitled "Township of
Scotch Plains, Union County, New Jersey, Zoning Map," dated January
1, 1985. The map and all explanations and references thereon are hereby
incorporated into and declared to be a part of this chapter.[1]
a.
Zone exchanges.
1.
Vacant land end of King Street from Old Raritan Road in Edison Block
16402 Lot 1 from R-1 to R-2 Zone.
2.
Vacant land end of paper Webb Street Block 16302 Lots 7, 8 and 9
from R-2 to R-1 Zone.
5.
The property known as "Lot 18.01" in Block 13501 and Lot 19.01 in
Block 13501 (as designated on the Tax Map of the Township of Scotch
Plains) is hereby rezoned from the R-1 Zone to the R-2 Zone.
6.
A portion of the property known as "Lot 33" in Block 4602 (as designated
on the Tax Map of the Township of Scotch Plains) is hereby rezoned
from the R-2 Zone to the R-3A Zone, as more particularly described
on Schedule A attached hereto.[4]
[4]
Editor's Note: Said Schedule A may be found on file in the
office of the Township Clerk, attached to and made a part of Ordinance
No. 89-28.
7.
The property known as "Lots 12, 16, 17, 18, 19, 20 and 21" in Block
6102 (as designated on the Tax Map of the Township of Scotch Plains)
is hereby rezoned to the new SC-2 Zone.
8.
The property known as "Lots, 9, 10 and 11" in Block 4802 (as designated
on the Tax Map of the Township of Scotch Plains) is hereby rezoned
to the new ML-1 Zone.
9.
The property known as "Lot 3" in Block 4901 (as designated on the
Tax Map of the Township of Scotch Plains) is hereby rezoned to the
new ML-2 Zone.
10.
The property known as "Lots 4, 5, 6" Block 6101, "Lots 13, 14 and
15" Block 6102, "Lots 1, 7, 8, 9 and 10" Block 6103, "Lots 1, 6, 7
and 8" Block 6104, "Lot 3," Block 6105 (as designated on the Tax Map
of the Township of Scotch Plains) is hereby rezoned to the new MFR-1
Zone.
11.
The property known as Lot 14 in Block 12801 is hereby rezoned from
the P-Public Zone to the new SC-1 (Senior Citizen Zone) Zone.
12.
The following lands are hereby removed from the B-1 Office and Multifamily
Residence Zone:
|
Block
|
Lots
|
|---|---|
|
101
|
3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 17, 18 and portions of Shepard
Street and Gables Street as shown on the attached sketch.[5]
|
[5]
Editor's Note: The attached sketch referred to herein may
be found on file in the office of the Township Clerk attached to Ordinance
No. 93-23.
13.
The following lands are hereby placed in the B-2 Business Zone:
|
Block
|
Lots
|
|---|---|
|
101
|
3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 17, 18 and portions of Shepard
Street and Gables Street as shown on the attached sketch.[6]
|
[6]
Editor's Note: The attached sketch referred to herein may
be found on file in the office of the Township Clerk attached to Ordinance
No. 93-23.
15.
The following lands are hereby removed from the M-1 Industrial (Industry)
Zone.
|
Block
|
Lots
|
|---|---|
|
4303
|
9, 10, 11, 12
|
16.
The following lands are hereby placed in the B-1 Office and Multifamily
Residence Zone:
|
Block
|
Lots
|
|---|---|
|
4303
|
9, 10, 11, 12
|
17.
The property known as "Block 405, Lot 1" shall be rezoned from the
R-3A Zone to the C-Conservation Zone.
18.
The properties listed below shall be rezoned from the SC-2 and MFR-1
Zones to the R-3B Zone.
|
Block
|
Lots
|
|---|---|
|
6102
|
12, 13, 14, 15, 16, 17, 18, 19, 20, 21
|
|
6103
|
1, 7, 8, 9, 10
|
|
6104
|
1, 6, 7, 8
|
|
6105
|
3, 4
|
|
6201
|
4, 5, 6
|
19.
The property known as "Block 7802, Lots 1 and 12," shall be rezoned
from the P (Public) Zone to the C (Conservation) Zone.
20.
The property known as "Lot 12" in Block 4303 shall be rezoned from
the B-1 Zone to the P (Public) Zone.
21.
The property known as "Block 4001, Lot 13 (portion)," shall be rezoned
from the B-2 Zone to the R-3A Zone. (Portion of Block 4001, Lot 13
which is 50 feet in width with an approximate lot size of 6,517.2
square feet.)
22.
The property known as "Lot 1.01" in Block 3401 shall be rezoned from
the P (Public) to the C (Conservation) Zone.
23.
A portion across the rear of Lot 24 in Block 6102 containing 1,500
square feet +/- shall be rezoned to R3-B.
24.
A portion across the rear of Lot 25 in Block 6102 containing 325
square feet +/- shall be rezoned to R3-B.
25.
A portion across the rear of Lot 4 in Block 6201 averaging 31 feet
in width, and a portion in the southwesterly corner of Lot 5 in Block
6201 approximately 10 feet by 13 feet in size, and a portion running
along the most southwesterly property line of Lot 6 in Block 6201
averaging 10 feet in width, for a total containing 7,086 square feet
+/-, shall be rezoned from R3-B to M-1.
26.
The property known as "Lot 27" in Block 7704 shall be rezoned from
the P (Public) to the C (Conservation) Zone.
27.
The property known as "Lot 2" in Block 14702 shall be rezoned from
the P (Public) to the C (Conservation) Zone.
28.
Lot 58.02, known as "1821 Front Street," which is approximately 10,120
square feet, shall be rezoned to B-2.
29.
The property known as "Lot 1.03" in Block 1105 shall be rezoned from
the P to the B-2 Zone.
30.
The property known as "Lot 1, Block 14702," shall be rezoned from
the R-1 Zone to the C or (Conservation) Zone.
31.
The property known as "Lot 1.03" in Block 1105 shall be rezoned from
the P (Public) to the B-2 (Retail Business) Zone.
33.
The 2,787-square-foot portion of proposed Lot 12.09 in Block 15701
as depicted by hatch mark on Exhibit A attached hereto is hereby rezoned
from the R-1 Zone District to the R-2A Zone District.
34.
The property known as "Lot 2" in Block 12001, 1311 Terrill Road,
is rezoned from the R-1 Zone to the P (Public) Zone.
35.
The lands known as "Block 12001, Lots 4, 5, 6, 7 and 24," are hereby
designated as the Parker Gardens Redevelopment Zone District in accordance
with the provisions of the redevelopment plan.
[Added 12-11-2018 by Ord.
No. 2018-40]
36.
The lands known as "Block 6201, Lots 13, 16.02," and a portion of
the vacated Van Orden Place right-of way are hereby designated as
the Jerusalem Road Redevelopment Zone District in accordance with
the provisions of the redevelopment plan.
[Added 3-5-2019 by Ord.
No. 2019-1]
37.
The lands known as "Block 4802, Lots 9, 10, 11 and 12," are hereby
designated as the Bowcraft Amusement Park Redevelopment Zone District
in accordance with the provisions of the redevelopment plan.
[Added 3-19-2019 by Ord.
No. 2019-3]
38.
The lands known as "Block 4401, Lot 13.02"; "Block 6101, Lots 1,
2, 3, and 4"; "Block 6102, Lots 4, 5, 6, 22, 23, 24, and 25"; "Block
6201, Lots 8.01, 8.02, 15, and 16.01"; and "Block 6305, Lots 5 and
6," are hereby designated as the Jerusalem Road Overlay Zone District
in accordance with the provisions of the Housing Element and Fair
Share Plan.
[Added 5-21-2019 by Ord.
No. 2019-9]
39.
The lands known as "Block 6503, Lots 9.01, 10, and 11"; "Block 6801,
Lots 20, 21, 22, 23, 24, 25, 27.01, 28, 29, and 31.01"; "Block 6901,
Lots 23, 24, 25, 26, 27, 28, 29"; and "Block 7201, Lots 9, 10, 11,
12, and 14," are hereby designated as the Waldheim Avenue and Beryllium
Road Overlay Zone District in accordance with the provisions of the
Housing Element and Fair Share Plan.
[Added 5-21-2019 by Ord.
No. 2019-10]
40.
The lands known as "Block 13501, Lot 21.01," are hereby designated
as the ML-3 Multifamily Zone District in accordance with the provisions
of the Addendum to the Master Plan Reexamination Report and Housing
Element and Fair Share Plan.
[Added 7-16-2019 by Ord.
No. 2019-15]
41.
The lands known as "Block 8301, Lot 7," are hereby designated as
the ML-4 Multifamily Zone District in accordance with the provisions
of the Addendum to the Master Plan Reexamination Report dated August
27, 2018, and Housing Element and Fair Share Plan dated September
27, 2018.
[Added 7-16-2019 by Ord.
No. 2019-14]
42.
The properties known as "Block 8301, Lots 5 and 6," shall be rezoned
from the R-3 or Residence Zone to C or Conservation Zone.
[Added 7-16-2019 by Ord.
No. 2019-16]
43.
The lands known as "Block 803, Lot 1," are hereby designated as the
"Lidl Redevelopment Plan" in accordance with the provisions of the
redevelopment plan.
[Added 11-12-2019 by Ord.
No. 2019-23; amended 2-15-2022 by Ord. No. 2022-9]
44.
Downtown Affordable Housing Overlay Zone - Tier 1.
[Added 8-18-2020 by Ord.
No. 2020-9]
|
The properties in Tier I are known as:
|
|
Block 803, Lot 1 (250 Park Ave);
|
|
Block 1001, Lots 44 (302 Park Ave), 45 (310 Park Ave), 47 (322
Park Ave), 48 (328 Park Ave), 49.01 (336 Park Ave), 51 (350 Park Ave),
52 (356 Park Ave), 53 (360 Park Ave), 54.0101 (366 Park Ave), 56 (1829
Front Street), 57 (1825 Front Street), 58.01 (1819 Front Street),
59 (1815 Front Street), 60 (1805 Front Street), 61 (1803 Front Street),
and 62 (1801 Front Street);
|
|
Block 1001.08, Lots 1 (320 Park Ave) and 2 (320 Park Ave);
|
|
Block 1104, Lots 1.01 (1819 E. 2nd Street), 15 (1824 Front Street),
16 (430 Senger Place), And 17.01 (436 Senger Place);
|
|
Block 1105, Lots 1.02 (430 Park Ave), 1.03 (440 Park Avenue),
2 (450 Park Ave), 3 (454-460 Park Ave), 4 (1831 E Second Street),
and 5 (1827 East Second Street);
|
|
Block 1201, Lots 30.01 (1810 East Second Street), 31.01 (1818
East Second Street), 31.02 (1830 East Second Street), 32 (1832 East
Second Street), 33 (1838 East Second Street), and 34 (514 Park Ave);
|
|
Block 1401, Lots 1 (1928 Westfield Ave), 2 (1926 Westfield Ave),
3 (1924 Westfield Ave), 4 (1922 Westfield Ave), 5 (1910 Westfield
Ave), 6 (501-503 Park Ave), 7 (501 Park Ave), 8 (509 Park Ave), 9
(511 Park Ave)
|
|
Block 1501, Lots 1 (451 Park Ave), 2 (441 Park Ave), 3.01 (437
Park Ave), 3.02 (435 Park Ave), 4 (431 Park Ave), 5.01 (429 Park Ave),
5.02 (425 Park Ave), 6 (419 Park Ave), 7 (413 Park Ave), 8 (403A to
409B Park Ave), 9 (401 Park Ave), 10 (1919 Westfield Ave), 11 (1916
Bartle Ave), 12 (1920 Bartle Ave), 13 (1924 Bartle Ave), 14 (1928
Bartle Ave), 15 (1930 Bartle Ave), 16 (412 Forest Road), 17 (416 Forest
Road), 18 (420 Forest Road), 19 (426 Forest Road), 20 (1937 Westfield
Ave), 21 (1923 Westfield Ave), 22 (1915 Westfield Ave), and 23 (1911
Westfield Ave);
|
|
Block 1601, Lots 1 (393 Park Ave), 2 (389 Park Ave), 3 (387
Park Ave), 4 (381 Park Ave), 5 (377 Park Ave), 6 (373 Park Ave), 7
(365 Park Ave), 8 (361 Park Ave), 9 (347 Park Ave), 9.01 (361 Park
Ave), 9.02 (350 Forest Road), 13 (1927 Bartle Ave), and 14 (1917 Bartle
Ave);
|
|
Block 1802, Lots 12 (223 Park Ave), 13 (219 Park Ave), and 14
(211 Park Ave);
|
|
Block 1803, Lots 1 (237 Park Ave), 21 (245 Park Ave), and 22
(253 Park Ave);
|
|
are hereby designated as the "Downtown Affordable Housing Overlay
Zone Tier 1 District" in accordance with the provisions of the Housing
Element and Fair Share Plan.
|
45.
Downtown Affordable Housing Overlay Zone - Tier 2.
[Added 8-18-2020 by Ord.
No. 2020-10]
|
The properties in Tier II are known as:
|
|
Block 401, Lots 1 (1578 East Second Street), 2 (1582 East Second
Street), 3 (1586 East Second Street), 4.01 (1590 East Second Street)
and 4.02 (1594 East Second Street)
|
|
Block 402, Lots 1 (1602 East Second Street), 2 (1608 East Second
Street), 3.01 (1612 East Second Street) and 21 (511 Beverly Ave)
|
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Block 403, Lots 1.01 (1626 East Second Street), 3 (1632 East
Second Street), 4 (1636 East Second Street)
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Block 404, Lots 1 (1700 East Second Street), 2.01 (1718-1720
East Second Street), 2.02 (1716 East Second Street)
|
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Block 501, Lots 15.01 (1595 East Second Street), 17 (1589 East
Second Street), 18 (1583 East Second Street), 19 (1577 East Second
Street)
|
|
Block 502, Lots 14 (1635 East Second Street), 15 (1629-1631
East Second Street), 16 (1625 East Second Street), 17 (1623 East Second
Street), 18 (1619 East Second Street), 19 (1613 East Second Street),
21 (467 Grant Ave)
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Block 503 Lots 15 (1723 East Second Street), 16 (1711 East Second
Street), 17 (1707 East Second Street), 18 (1703 East Second Street)
and 19 (1701 East Second Street)
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Block 1101, Lots 1 (1747 East Second Street), 2 (1741 East Second
Street), 3 (1735 East Second Street) and 4 (1729 East Second Street)
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Block 1102, Lots 1 (1765-1767 East Second Street), 2 (1761 East
Second Street), 3 (1757 East Second Street), 4 (1755 East Second Street)
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Block 1103, Lots 1 (1793 East Second Street), 2 (1791 East Second
Street), 3 (1783 East Second Street), 4.01 (1781 East Second Street)
and 6 (1773 East Second Street)
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Block 1104, Lots 2 (1811 East Second Street) and 3.01 (1801
East Second Street)
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Block 1201, Lots 12 (1730 East Second Street), 13 (1732 East
Second Street), 14 (1734 East Second Street), 15 (1742 East Second
Street), 16 (1750 East Second Street), 17 (1754 East second Street),
18 (1762 East Second Street), 19 (1764 East Second Street), 20 (1766
East Second Street), 21 (1770-1772 East Second Street), 22 (1774-1778
East Second Street), 23 (1782 East Second Street), 24 (1786 East Second
Street), 25 (1788 East Second Street), 26 (1794 East Second Street),
27 (1800 East Second Street), 28 (1802 East Second Street) and 29
(1806 East Second Street)
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are hereby designated as the "Downtown Affordable Housing Overlay
Zone - Tier 2 District" in accordance with the provisions of the Housing
Element and Fair Share Plan.
|
46.
Downtown Affordable Housing Overlay Zone - Tier 3.
[Added 8-18-2020 by Ord.
No. 2020-11]
|
The properties in Tier III are known as:
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|
Block 101, Lots 1.01 (375 Terrill Road), 2 (1509 Front Street),
4 (363 Terrill Road), 5 (1508 Gables Street), 6 (1514 Gables Street),
10(1513 Gables Street), 11 (349 Terrill Road), 12 (347 Terrill Road),
13 (345 Terrill Road), 17 (325 Terrill Road Rear) and 18 (325 Terrill
Road)
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Block 201, Lots 22 (401 Terrill Road), 23.01 (1508 Front Street)
and 23.02 (425 Terrill Road)
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|
Block 203, Lots 3.01 (445 Terrill Road) and 3.02 (451 Terrill
Road)
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Block 204, Lot 5 (475 Terrill Road)
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Block 301, Lots 2 (1520 East Second Street), 3 (514 Martin Place),
4 (505 Terrill Road), 5 (511 Terrill Road), 7 (519 Terrill Road),
8 (521 Terrill Road), 9 (525 Terrill Road), 10 (529 Terrill Road),
11 (531 Terrill Road), 12 (535 Terrill Road), 13 (Rear 520 Martin
Place) and 14 (520 Martin Place)
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are hereby designated as the "Downtown Affordable Housing Overlay
Zone - Tier 3 District" in accordance with the provisions of the Housing
Element and Fair Share Plan.
|
47.
Block
204, Lot 5.
[Added 3-15-2022 by Ord.
No. 2022-8]
48.
Block 1201, Lots 21, 22 and 23.
[Added 7-19-2022 by Ord.
No. 2022-17]
49.
Block 1601, Lot 9.02 and a portion of Lot 9.
[Added 12-13-2022 by Ord.
No. 2022-33]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
a.
Zone boundary lines are intended to follow the center line of streets,
railroad rights-of-way, streams, and recorded property lines, except
where indicated otherwise by dimension or other notation on the Zoning
Map of the Township.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
b.
Where zone boundaries are not fixed by dimension or other notation
and where they approximately follow property lines or other natural
features and do not scale more than 25 feet distant therefrom, such
property line or natural feature shall be deemed to be the location
of the zone boundary.
c.
In unsubdivided land, where the zone boundary divides a property
and the location of such boundary is not fixed by dimension or other
notation on the Zoning Map[2], then the location of such boundary shall be obtained
through the use of the graphic scale, and the administrative officer
shall so use the scale.
[2]
Editor's Note: Said map is included as an attachment to this chapter.
a.
The Schedule of Lot, Yard and Building Regulations, included as Subsections
23-3.4A and 23-3.4B, sets forth the regulations of this chapter with
respect to minimum lot size, yard dimensions, maximum lot coverage,
maximum height and number of stories for each of the various zones.
Unless modified elsewhere in this chapter, such standards shall be
the minimum or maximum permitted, as the case may be, in each of the
several zones.
Editor's Note: Schedules 23-3.4A and 23-3.4B, schedules of lot,
yard and building regulations, may be found as an attachment to this
chapter.
b.
The Schedule of Sign Regulations, included as Subsection 23-3.4C,
sets forth the regulations of this chapter with respect to permitted
signs, sign sizes and other regulations controlling the erection of
signs in all zones established by this chapter, except for conditional
uses which are set forth in those sections governing such uses. The
maximum square footage shown in Column II shall be the maximum amount
of square footage when all signs on the premises are combined and
calculated together. All signs not specifically permitted are prohibited.
Editor's Note: Schedule 23-3.4C, the Schedule of Sign Regulations,
may be found as an attachment to this chapter.
c.
Special regulations.
1.
With regard to property known as "Lot 11" in Block 11603 to the extent
that development on said premises is regulated by a developer's agreement
executed by the Township of Scotch Plains to implement its Fair Share
Housing Plan, and where there may be a conflict between the developer's
agreement and this section, the developer's agreement shall control;
specifically, average lot size shall be 13,500 square feet, and the
required rear yard setback shall be 40 feet, and the required front
yard setback shall be 30 feet.
2.
With regard to property known as "Lot 2" in Block 11301 to the extent
that development on said premises is regulated by a developer's agreement
executed by the Township of Scotch Plains to implement its Fair Share
Housing Plan, and where there may be a conflict between the developer's
agreement and this section, the developer's agreement shall control;
specifically, average lot size shall be 13,500 square feet, including
all public and private roads, easements, and/or rights-of-way which
are dedicated as part of a subdivision (6.01510 acres/18 lots), lot
width 60 feet at building setback on a lot fronting a cul-de-sac and
68 feet at building setback on all other lots, front yard 35 feet,
side street corner lot 20 feet, side yard nine feet, total side yards
20 feet and maximum lot coverage 30%. Requirements for rear yard,
lot coverage, building height and number of stories shall be the same
as the requirements for the R-2 Zone.
d.
Stormwater management uses and the like are permitted when such facilities
are installed and maintained by a homeowners' association which has
been created by master deed.
a.
Permitted primary uses.
1.
One-family dwellings.
2.
Customary and conventional limited farming operations, including
the raising of flowers and vegetables and horticultural materials
but not including the use of commercial greenhouses nor the raising
of any animals except customary household pets.
(a)
Beekeeping shall be encouraged in accordance with applicable
standards and requirements for beekeeping.
3.
Municipal parks and playgrounds, buildings and uses which are deemed
appropriate and necessary by the Township Council of the Township.
4.
Golf clubs.
5.
One-family dwelling, using density zoning. Applicable to tracts being
subdivided of 10 acres or more, subject to Planning Board approval.
b.
Permitted secondary buildings and uses.
1.
Private garages not in excess of 1,200 square feet of building area,
including detached and attached garages.
2.
Customary residential storage buildings not in excess of 200 square
feet of building area.
3.
Shelters for domestic pets not in excess of 50 square feet of building
area, exclusive of runs.
4.
Other customary residential secondary structures, such as private
swimming pools, private tennis courts, fireplaces, trellises, post
lights, secondary structures customarily associated with a swimming
pool on the premises, not exceeding 200 square feet and providing
that no residential living quarters are contained therein, and the
like.
5.
Customary farm buildings for the storage of products or equipment
located on the same property as the primary use.
6.
Off-street parking spaces shall be provided to all dwelling units
in the R-1 Residence Zone subject to the following criteria: each
unit shall be provided with not fewer than three off-street spaces,
one of which parking spaces, if applicable (see Subsection 23-2.3l4),
shall be within a garage and the remaining parking spaces to be located
in the driveway leading thereto.
6.1.
Residential professional offices and other uses,
such as artists, music teachers both vocal and instrumental, etc.,
shall provide at least one off-street parking space for each 100 square
feet of floor space devoted to such office use, but in no case fewer
than three such spaces. Said parking space to be to the rear of the
building line. Residential professional offices shall be limited to
those of the practice of medicine, dentistry, law, architecture and
engineering. The conduct of such profession shall permit the employment
of not more than one employee and shall be limited to 1/4 of the gross
floor area of the building. The balance of the area shall be occupied
by the professional practitioner as his principal residence.
8.
The following secondary buildings and uses are permitted in conjunction
with a permitted golf club, provided that the operation of such facilities
is clearly incidental and subordinate to the operation of the golf
club.
(a)
Clubhouse facilities, including dining and refreshment facilities.
(b)
Caretaker dwellings, including not less than 600 square feet
of floor space.
(c)
Buildings for the storage of maintenance equipment and supplies.
(d)
Supplemental recreational facilities, such as swimming pools,
tennis courts and other similar facilities.
9.
The keeping of horses or ponies shall be permitted in the R-1 Residence
Zone only, subject to the following standards, and further subject
to the requirement that a certificate of occupancy be obtained from
the Zoning Officer, certifying that the following standards have been
met:
(a)
Not more than two horses and/or ponies are allowed per acre.
(b)
Not less than 20,000 square feet shall be provided for the first
horse or pony.
(c)
Horses shall be safely corralled. Corral shall not be less than
20 feet from the side lot line, stable shall not be less than 30 feet
from the side lot line, and stable or corral shall not be less than
50 feet from any neighboring dwelling.
10.
Chickens/hens not to exceed six chickens and coops not to exceed 100 feet shall be permitted subject to the requirements of § 5-10 and Subsection 23-2.3t1(e) of the Code of the Township of Scotch Plains.
d.
Other provisions and requirements.
1.
Residential uses shall provide not less than two off-street parking
spaces for each dwelling unit, one of which shall be a garage and
the second may be a driveway leading thereto.
2.
Outdoor storage of produce, fertilizer or equipment in connection
with an agricultural use shall not be located within 60 feet of a
street line or within 200 feet of any adjoining residence.
3.
Farm operations shall have a minimum lot area of five acres, exclusive
of the lot area required for one-family residence, if both uses are
included.
4.
No building erected in conjunction with a permitted golf course shall
be located closer than 200 feet to a street or property line of the
lot on which the use is located.
d.
Other provisions and requirements.
2.
Residential professional offices shall provide at least one off-street
parking space for each 100 square feet of floor space devoted to such
office use, but in no case fewer than three such spaces, said parking
space to be to the rear of the building line. Residential professional
offices shall be limited to those of the practice of medicine, dentistry,
law, architecture and engineering. The conduct of such profession
shall permit the employment of not more than one employee and shall
be limited to 1/4 of the gross floor area of the building. The balance
of the area shall be occupied by the professional practitioner as
his principal residence.
Berwyck Chase and Sterling Chase.
a.
Permitted primary uses.
1.
One-family detached dwellings, including zero-lot line units, with
attached garages. A "zero-lot line unit" is defined as a one-family
detached dwelling located on a separate lot with setbacks on the front,
rear and one side.
2.
A homeowner's association created by master deed may install and
maintain recreational facilities such as pools, tennis courts and
accessory structures and uses and stormwater management uses.
b.
Permitted secondary uses and buildings.
1.
Customary residential storage buildings not in excess of 200 square
feet of building area.
2.
Shelters for domestic pets not in excess of 50 square feet of building
area, exclusive of runs.
3.
Other customary residential secondary structures and buildings, such
as private swimming pools, private tennis courts, fireplaces, trellises,
post lights, recreational apparatus, secondary structures and buildings
customarily associated with a swimming pool on the premises (not exceeding
200 square feet and providing that no residential living quarters
are contained therein), and the like (unless prohibited by the master
deed or bylaws of a homeowners' association).
c.
Other provisions and requirements.
1.
Residential uses shall provide not fewer than two off-street parking
spaces for each dwelling unit, one of which shall be a garage and
the second of which may be a driveway leading thereto.
2.
Any common open space shall be dedicated to the Township or maintained
by the developer or by an association for the ownership and maintenance
of the open space, as required in N.J.S.A. 40:55D-43. The Township
Council is not obligated to accept any offer of dedication of common
open space.
3.
Development in the R-2A Zone shall also be regulated by a developer's
agreement signed by the Township to implement its Fair Share Housing
Plan, and where there may be a conflict between the developer's agreement
and this subsection, the developer's agreement shall control. If any
other section of this chapter or Code of the Township of Scotch Plains
conflict with this Subsection 23-3.6A or the developer's agreement,
this Subsection 23-3.6A and the developer's agreement shall control.
4.
Portions of lots may be within the wetlands or 100-year floodplains
of streams, provided that no building or land disturbance shall occur
within those areas, unless permitted by the appropriate agencies.
d.
Schedule of lot, yard, building and site requirements.
1.
In this zone district, all roads shall be private and shall have
a right-of-way width of at least 30 feet, a paved width of 28 feet,
pavement thickness of eight inches thick composition, two inches mix
No. 5, six inches mix No. 1 and granite block curbing. No sidewalks
shall be required. Turnaround radius of dead-end streets shall not
be required to exceed 40 feet.
2.
The street line shall be considered as the rear of the curb.
3.
Minimum lot and yard dimensions:
(a)
Minimum lot size: 7,500 square feet.
(b)
Minimum lot width: 65 feet.
(c)
Front yard: 25 feet (front-entry garage); 20 feet (side-entry
garage).
(d)
Side yards: 12 feet (zero-lot line lots — one side only);
six feet (non-zero lot line lots — two side yards).
(e)
Rear yard: 15 feet.
(f)
Maximum height: 35 feet.
(g)
Maximum stories: 2 1/2.
(h)
Maximum lot coverage: 35%.
(i)
Maximum density: three units per acre.
(j)
Signs: same as permitted in R-1 Zone District.
Shirewood.
a.
b.
Permitted secondary uses.
1.
Private garages not in excess of 1,200 square feet of building area,
including detached and attached garages.
2.
Customary residential storage buildings not in excess of 200 square
feet of building area.
3.
Shelters for domestic pets not in excess of 50 square feet of building
area, exclusive of runs.
4.
Other customary residential secondary structures and buildings, such
as private swimming pools, private tennis courts, fireplaces, trellises,
post lights, recreational apparatus, secondary buildings and structures
customarily associated with a swimming pool on the premises (not exceeding
200 square feet and providing that no residential living quarters
are contained therein), and the like (unless prohibited by the master
deed or bylaws of a homeowners' association).
Pitching Way.
a.
b.
Permitted secondary uses.
1.
Private garages not in excess of 1,200 square feet of building area,
including detached and attached garages.
2.
Customary residential storage buildings not in excess of 200 square
feet of building area.
3.
Shelters for domestic pets not in excess of 50 square feet of building
area, exclusive of runs.
4.
Other customary residential secondary structures, such as private
swimming pools, private tennis courts, fireplaces, trellises, post
lights, recreational apparatus, secondary structures and buildings
customarily associated with a swimming pool on the premises (not exceeding
200 square feet and providing that no residential living quarters
are contained therein), and the like (unless prohibited by the master
deed or bylaws of a homeowners' association).
Woodland Estates.
a.
The purpose and intent of the R-2D Mixed Residence Zone is to comply
with the opinion of the Council of Affordable Housing (Docket No.
COAH 92-407) dated November 10, 1993, entitled "In re: Scotch Plains
Township/Woodland Estates," requiring the rezoning of Block 15801,
Lots 4, 5, 9 and 10, and to further comply with the Mount Laurel doctrine
which requires municipalities to foster affordable housing.
b.
The following regulations are applicable in the R-2D Mixed Residence
Zone:
1.
Permitted primary uses.
(a)
One-family detached dwellings, including zero-lot line units
with attached garages. A "zero-lot line unit" is defined as a one-family
detached dwelling located at a separate lot with setbacks on the front,
rear and one side.
(b)
Two-family dwellings (duplex and flat).
(c)
A homeowners' association created by master deed may install
and maintain recreational facilities such as pools, tennis courts,
and accessory structures and uses and stormwater management uses.
Such installation of improvements shall require an application for
site plan approval.
2.
Permitted secondary uses.
(a)
Customary residential storage buildings not in excess of 200
square feet of building area.
(b)
Shelters for domestic pets not in excess of 50 square feet of
building area, exclusive of runs.
(c)
Other customary residential secondary structures, such as decks,
swimming pools, patios, fireplaces, trellises, post lights and the
like, unless prohibited by the master deed or bylaws of a homeowners'
association.
3.
Other provisions and requirements.
(a)
One-family detached dwellings and two-family dwelling shall
provide not fewer than two off-street parking spaces for each dwelling
unit, one of which shall be a garage and the second of which may be
a driveway leading thereto.
(b)
Any common open space shall be maintained by the developer or
by an association for the ownership of the open space, as required
in N.J.S.A. 40:55D-43. The Township Council is not obligated to accept
any offer of dedication of common open space.
(c)
Development in the R-2D Zone shall also be regulated by a developer's
agreement signed by the Township to implement its Fair Share Housing
Plan, and where there may be a conflict between the developer's agreement
and this subsection, the developer's agreement shall control.
(d)
Portions of lots may be within steep slopes, wetlands or 100-year
flood plans of streams, provided that no building or land disturbance
shall occur within those areas, unless permitted by the appropriate
agencies.
4.
Schedule of lot, yard, building and site requirements. See Schedule.
(a)
In this zone district, all roads shall be public or private
and shall have a right-of-way width of at least 32 feet, with a minimum
of one foot on each side and ten-foot utility and shade tree easements,
and a paved width of at least 30 feet. Cul-de-sac lengths in this
district shall not exceed 1,300 feet.
(b)
Minimum lot and yard dimensions:
(2)
Minimum lot width: 65 feet.
(3)
Front yard: 25 feet (front-entry garage); 20 feet (all other
primary structures).
(4)
Side yards: 12 feet (zero lot line lots — one side only);
10 feet (non-zero line lots — two side yards).
(5)
Rear yard: 30 feet.
(6)
Maximum height: 35 feet.
(7)
Maximum stories (one- and two-family): 2 1/2.
(8)
Maximum lot coverage: 30%.
(10)
Signs: same as permitted in R-1 Zone.
Broadway. The R-3B Residence Zone is hereby established to carry
out the purposes and plan known as the "Broadway Redevelopment Plan,"
as amended and heretofore adopted by the Township Council. The R-3B
Zone is intended to provide for the comprehensive planning and development
of detached single-family dwellings, together with appropriate site
improvements and recreational facilities, based upon the recommendations
and standards contained in the aforesaid redevelopment plan.
a.
Permitted primary uses.
1.
Detached one-family dwellings.
2.
Municipal parks and playgrounds, buildings and uses which are deemed
appropriate and necessary by the Township Council.
3.
Private recreation facilities, including swimming pools, a community
building or clubhouse, and open space, provided that all such uses
shall be owned and maintained by a homeowners' association, and further
provided that no commercial activity shall be permitted. The total
building area associated with any recreation use shall be limited
to 4,000 square feet. It is the intent of this subsection to provide
for comprehensively planned recreation facilities and open space to
be approved by the Planning Board as part of the redevelopment of
the Broadway Redevelopment Area. No swimming pool shall be permitted
on an individual residential lot within the R-3B Zone. The private
recreation facility shall be open for use by nonmember residents or
groups from Scotch Plains on a reasonable basis for public-related
purposes or groups of any age by mutual arrangement between the association
and Township or the particular group.
4.
Stormwater management facilities and utility structures related to
residential development within the R-3B Zone.
b.
Permitted secondary uses.
1.
Customary residential storage buildings not to exceed 200 square
feet in building area, provided that no such storage building shall
be located in the front yard of any lot and further provided that
no such storage building shall be located closer to a side or rear
lot line than two feet.
2.
Shelters for domestic pets not to exceed 50 square feet in building
area, exclusive of runs, provided that no such shelter or runs shall
be located within the front yard of any lot and further provided that
no such shelter or runs shall be located closer to a side or rear
lot line than two feet.
3.
Trellises, post lights, patios and decks, provided that decks and
patios shall comply with applicable setback requirements. Fences shall
comply with applicable ordinance requirements.
4.
Signs shall be permitted as follows:
(b)
For real estate signs, see Subsection 23-3.4b1 through 5 and
Subsection 23-3.4C, Schedule of Sign Regulations.
(c)
Development signs shall be permitted in connection with a development
in the R-3B Zone in accordance with the following:
(1)
One sign indicating the name of the development shall be permitted
on common land owned and maintained by the homeowners' association,
provided that it shall not exceed an overall height of four feet above
grade, including any mounting or support structure. The sign size
shall be limited to a total of 12 square feet in area. No internally
illuminated sign shall be permitted. If illuminated, lighting shall
be from an indirect source that shall not cause glare onto adjoining
properties or pose a hazard to motorists.
(2)
One nonilluminated sign shall be permitted on the facade of
a community building or clubhouse in association with a recreation
facility, provided that such sign shall not exceed a total of 24 square
feet in area, nor shall it protrude above or extend beyond any portion
of the facade of the building.
c.
Conditional uses. None.
d.
Other provisions and requirements.
1.
Adult community. With the exception of dwellings proposed with frontage
and driveway access from the westerly end of Waverly Place, all residential
dwellings located within the R-3B Zone shall be subject to a deed
restriction that limits the marketing, sale, and occupancy of such
residential dwellings to the terms of an adult community as defined
herein. It is the intention that this be an age-restricted zone and
shall comply with all terms and provisions of the federal Fair Housing
Act,[2] and any other applicable federal and state statutes.
[2]
Editor's Note: See 42 U.S.C. § 3601 et seq.
2.
Adult communities; purposes. It having been determined that there
is a need for alternative housing in the Township of Scotch Plains
for the adult population who no longer maintain a residence for their
children and which is comprehensively designed to meet the needs of
adults. Adult communities are hereby authorized to be developed in
those residential zones in which adult communities are recognized
as a permitted use, upon compliance with the design criteria set forth
in this subsection and approval of the general development plan, preliminary
and final subdivision/site plan approvals, including developer's agreements,
from the Planning Board of the Township of Scotch Plains as hereinafter
described.
3.
ADULT COMMUNITY PROJECT (ACP)
(a)
(b)
(c)
(d)
(e)
(f)
DETACHED UNIT
UNIT
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
As described herein shall mean a private residential community
comprised of single-family detached dwellings and accessory uses intended
for, and limited and restricted to, use and occupancy of:
Any person of the age of 55 years or over;
A husband or wife, regardless of age, residing with his or her
spouse, provided the spouse of such person is of the age of 55 years
or over;
The child or children residing with a permissible occupant,
provided the child or children is or are of the age of 19 years or
over; or
The individual or individuals, regardless of age, residing with
and providing physical or economic support to a permissible occupant.
Occupancy of any dwelling shall be restricted to persons of
the age of 55 years or over; provided, however, that a husband or
wife, regardless of age, residing with his or her spouse may occupy
such dwelling so long as such spouse is of the age of 55 years or
over. Further, no dwelling may be occupied by any child under the
age of 19 years. In the event that an owner of a lot dies, testate
or intestate, leaving as heirs one or more persons who do not qualify
as to age, these restrictions shall in no way be deemed to restrict
the ownership of said lot by the heirs; provided, however, that said
heir or heirs, their successors or assigns shall not reside in the
dwelling until he or she meets the age requirements, together with
such other requirements that may be contained herein.
The foregoing occupancy restrictions shall not be construed
to prohibit the occupant of any unit in an ACP from entertaining guests,
of any age, in their units, including temporary residency not to exceed
three months with no financial or other pecuniary consideration to
be paid therefor.
As used herein shall mean a unit which is not physically
connected to any other unit.
As used herein shall mean a single-family residence.
4.
Site improvements. All streets, stormwater management, and other
site improvements, including off-street parking, shall be provided
in accordance with New Jersey Residential Site Improvement Standards.
Each dwelling on a lot less than 5,000 square feet in area shall include
a private garage of not less than 12 feet by 20 feet. Each dwelling
on a lot equal to or greater than 5,000 square feet in area shall
include a private two-car garage of not less than 24 feet by 20 feet.
5.
Recreation area off-street parking. Off-street parking shall be provided
in association with recreational facilities or community buildings.
All off-street parking areas shall be adequately landscaped and shall
be located at least 10 feet from any street right-of-way line and
five feet from any other property line.
6.
Landscaping. To the extent practical, existing trees on the site
shall be preserved and protected during construction. Substantial
landscape plantings shall be provided along perimeter tract lines
to screen adjoining uses wherever a proposed lot or proposed recreational
facilities adjoin any existing use. The Planning Board may approve
fencing in conjunction with any such screening requirement. Any site
plan or subdivision plan shall be accompanied by a landscape plan
specifying details for tree-protection measures, proposed landscape
plantings, and street trees to be provided in accordance with ordinance
requirements, and/or contract of sale or developer's agreement.
7.
Homeowners' association. A homeowners' association shall be established
for the purpose of owning and maintaining all of the common elements
of any development in the R-3B Zone, including but not limited to
open space, stormwater management facilities, off-street parking areas,
and recreation improvements. No final subdivision or site plan for
development in the R-3B Zone shall be approved unless the documents
necessary to establish a homeowners' association to carry out the
purposes of this section have been approved by the Planning Board
attorney and the Township Attorney.
a.
Permitted primary uses.
1.
Business and professional offices and uses.
2.
Municipal parks, playgrounds, buildings and uses deemed appropriate
and necessary by the Township Council.
3.
Townhouse developments at a density of not over 12 units per acre,
including recreation and parking facilities for the exclusive use
of residents and their guests.
4.
Garden apartments of a density of not over 12 units per acre, including
recreation and parking facilities for the exclusive use of residents
and their guests.
d.
Other provisions and requirements.
1.
Off-street parking space shall be provided as follows:
(a)
Townhouses and garden apartments shall provide not fewer than
two off-street parking spaces for each dwelling unit.
(1)
For townhouses and garden apartments, all off-street parking
shall be located behind the required front building setback line,
and no parking space shall be provided within 20 feet of the edge
of pavement of any access roadway.
(2)
No parking spaces shall be located closer than five feet to
a townhouse or garden apartment buildings except where parking spaces
are located in the building.
(b)
Business and professional office uses shall provide not less
than one space for each 200 square feet of gross floor area unless
the property is located within Tier 1, Phase 1, Tier 1, Phase 2, Tier
1, or Tier 2, Phase 4 as depicted on the Township's Downtown
Redevelopment Area Map dated October 14, 2022, attached as Exhibit
A[1] in which case the required parking shall be one space
for each 400 square feet of gross floor area.
[Amended 12-13-2022 by Ord. No. 2022-37]
[1]
Editor's Note: Exhibit A is on file in the Township offices.
2.
For townhouses, not more than six dwelling units shall be located
in a single structure.
3.
For garden apartments, not more than 16 dwelling units shall be located
in a single building, and there shall be a setback in the building
facade of at least four feet for not over each eight units.
4.
Minimum tract size for townhouses and garden apartments shall be
one acre.
5.
Maximum building coverage for townhouses and garden apartments shall
be 40%.
6.
Maximum height for townhouses and garden apartments shall be 40 feet and three stories, notwithstanding the definition of "garden apartment" in § 23-1.8.
7.
Minimum gross floor area for townhouse and garden apartment units
shall be 600 square feet.
8.
No apartment unit shall be located in a basement or cellar.
9.
Separate exterior front entrances shall be provided to each townhouse
and garden apartment unit. Individual rear entrances shall also be
provided for every townhouse unit, but may be combined in garden apartments
to serve more than a single unit, provided that such rear entryway
is not from a common foyer or hallway with a front entryway.
10.
A resident superintendent shall be provided in any garden apartment
development with more than 25 dwelling units.
11.
For townhouse and garden apartment buildings, the minimum distance
between buildings front to front or front to rear shall be 30 feet.
The minimum distance end to end shall be 10 feet. The minimum distance
front to side shall be 15 feet, and the front facade of a building
shall not overlap the side wall of an adjoining building by more than
eight feet. The nearest point of any individual townhouse or garden
apartment buildings shall be a minimum of 20 feet from edge of pavement
of any access roadway. Interior courts shall be at least 30 feet wide
and shall be no longer than twice their width.
12.
For townhouses and garden apartments, at least 10% of the site area
shall consist of landscaped open space exclusive of building area,
parking area, and access drives. For garden apartments, at least 5%
of the site area (which may be included in the foregoing 10%) shall
be common open space developed for active or passive recreation use
of the residents of the project, including sitting areas, play areas,
and the like; for townhouses, at least 10% of the site area shall
be so developed, but may include individual patios.
13.
Wherever any use except a one-family dwelling in this zone is on
a lot which abuts a residence zone, a ten-foot-wide buffer area shall
be provided adjacent to the zone boundary in a manner approved by
the Planning Board. Such buffer area shall be suitably planted and
maintained with landscape materials of such species and sizes so as
to form an effective visual screen.
14.
To comply with the statewide electric vehicle supply/service equipment
(EVSE) and Make-Ready parking spaces law as per P.L. 2021, c. 171,
subject to the determination by the Township approving authority that
there is sufficient available capacity by means of the ability of
a parking space in an adjoining or other municipal parking lots, the
applicant, if approved, shall be responsible to pay a one-time payment
as determined by a cost estimate provided by the Township Engineer
per deficient EVSE or Make-Ready parking space. The intent of this
payment is to provide for EVSE and Make-Ready parking spaces to be
supplied in any municipal parking lot only after it has been determined
by the Township Council or Land Use Board, whichever may be applicable,
that the applicant has insufficient area to install the required number
of EVSE or Make-Ready parking spaces on the subject property. If the
applicant provides the required number of EVSE or Make-Ready parking
spaces per state regulation on the subject property, then no payment
is required under this section. This rate shall be calculated, and
a separate bill shall be provided by the Tax Collector of the Township
of Scotch Plains. This calculation and payment to the Township of
Scotch Plains does not entitle the payee to reserved spaces in any
municipal lot.
[Added 12-13-2022 by Ord.
No. 2022-37]
a.
Permitted primary uses.
1.
Townhouse developments at a density of not over 12 units per acre,
including recreation and parking facilities for the exclusive use
of residents and their guests.
2.
Garden apartments of a density of not over 12 units per acre, including
recreation and parking facilities for the exclusive use of residents
and their guests.
3.
Office buildings for executive, engineering, and administrative purposes.
4.
Scientific or research laboratories devoted to research, design and/or
experimentation and processing and fabricating incidental thereto,
provided no materials or finished products shall be manufactured,
processed or fabricated on said premises for sale, except such as
are incidental to said laboratory, research, design or experimentation
conducted on the premises.
5.
Municipal parks, playgrounds, buildings and uses deemed appropriate
and necessary by the Township Council.
6.
The depositing of leaves or other vegetation and composting of same
by the Township, its agents, or any person, firm, or corporation acting
for or on behalf of the Township pursuant to a written agreement with
the Township.
d.
Other provisions and requirements.
1.
Off-street parking space shall be provided as follows:
(a)
Townhouses and garden apartments shall be provided with not
fewer than two off-street parking spaces for each dwelling unit, and
such spaces shall be located in close proximity to the unit for which
they are intended.
(1)
All off-street parking shall be located behind the required
front building setback line.
(2)
No parking spaces shall be located closer than five feet to
a townhouse or garden apartment structure, except where parking spaces
are located in the building.
(3)
No parking space shall be provided within 30 feet of the edge
of pavement of any access roadway.
(b)
For office buildings, one off-street parking space shall be
provided for each 200 square feet of gross floor area.
(c)
For laboratories and research uses, at least one off-street
parking space shall be provided for each employee and visitor on the
maximum work shift provided at no time shall the use result in parking
on a public street for any reason. The burden of proof for establishing
and always providing an adequate amount of required off-street parking
area shall be upon the original applicant for the building permit
and certificate of occupancy and subsequent owner, occupier or user
of the premises.
2.
For townhouse developments, not more than six dwelling units shall
be located in a single structure.
3.
For garden apartment projects, not more than 16 dwelling units shall
be located in a single structure, and there shall be a setback in
the building facade of at least four feet for not over each eight
units.
4.
No apartment unit shall be located in a basement or cellar.
5.
Separate exterior front entrances shall be provided to each townhouse
and garden apartment unit. Individual rear entrances shall also be
provided for every townhouse unit, but may be combined in garden apartments
to serve more than a single unit, provided that such rear entryway
is not from a common foyer or hallway with a front entryway.
6.
A resident superintendent shall be provided in any garden apartment
development with more than 25 dwelling units.
7.
For townhouse and garden apartment buildings, the minimum distance
between buildings from front to front or end to end shall be 20 feet.
The minimum distance front to side shall be 20 feet, and the front
facade of a building shall not overlap the side wall of an adjoining
building by more than eight feet. The nearest point of any individual
townhouse or garden apartment building shall be a minimum of 30 feet
from edge of pavement of any access roadway. Interior courts shall
be at least 30 feet wide, and shall be no longer than twice their
width. Accessory garages shall be a minimum of 30 feet from the townhouse
and apartment building unless located within such buildings.
8.
For townhouse developments and garden apartments, at least 30% of
the site area shall consist of landscaped open space exclusive of
building area, parking areas, and access drives. At least 10% of the
site area (which may be included in the foregoing 30%) must be common
open space developed for active or passive recreation of residents
of the townhouse or garden apartment complex, including play areas,
sitting areas, swimming pools, patios and the like.
9.
Wherever a use permitted in the zone is on a lot which abuts a residence
zone, or wherever a nonresidential use in this zone is on a lot which
abuts an existing or potential residential use in this zone, a twenty-foot-wide
landscaped buffer area shall be provided adjacent to the residence
zone or residential use lot line in a manner approved by the approving
authority. Such buffer area shall be suitably planted and maintained
with landscape materials of such species and sizes so as to form an
effective visual screen.
a.
Permitted primary uses.
1.
Retail business establishments limited to the following:
(a)
Hardware, paint, glass and wallpaper stores.
(b)
Department stores and variety stores.
(c)
Dry goods store.
(d)
Retail bakeries, grocery stores and dairy stores and other similar
food establishments.
(e)
Apparel and accessories stores.
(f)
Furniture, home furnishings and equipment stores.
(g)
Radio, television, and music stores.
(h)
Restaurants.
(i)
Drugstores.
(j)
Antique stores.
(k)
Liquor stores.
(l)
Book and stationery stores.
(m)
Jewelry stores.
(n)
Florist stores.
(o)
Cigar stores and newsdealers.
(p)
Camera, photographic supply and art supply stores.
(q)
Gift, novelty and souvenir stores.
(r)
Sporting goods, bicycle and hobby stores.
(s)
Optical goods stores.
(t)
Luggage and leather goods stores.
(u)
Take-out food establishments and drive-throughs.
2.
Personal service establishments limited to the following:
(a)
Banks and fiduciary institutions and drive-throughs.
(b)
Credit agencies.
(c)
Security and commodity brokers.
(d)
Real estate and insurance offices.
(e)
Holding and investment company offices.
(f)
Laundry and dry-cleaning stores and processing stores.
(g)
Photographic studios.
(h)
Barbershops and beauty shops.
(i)
Shoe repair shops.
(j)
Garment pressing alteration and repair and tailor shops.
(l)
Motion-picture theaters, except outdoor.
(m)
Martial arts studios, gymnastics schools, fitness centers, dance
studios and schools, performing arts centers, art schools, and the
like.
(n)
Medical and health services, including veterinarian services;
this does not include boarding or any provision for overnight stays.
(o)
Legal services.
(p)
Engineering and architectural services.
(q)
Accounting and bookkeeping services.
(r)
Business offices.
3.
Municipal parks, playgrounds, buildings and uses deemed appropriate
and necessary by the Township Council.
b.
Permitted secondary uses.
1.
Off-street parking facilities for the use of customers and employees.
2.
Garage space for the storage of commercial vehicles used in conjunction
with a permitted business; provided, however, that any commercial
vehicles stored and garaged on the premises shall be clearly incidental
and subordinate to the business conducted thereon. By way of example,
but not of limitation, a trucking or hauling business may not store
its commercial vehicles on a lot with its business office in this
zone.
4.
Apartments shall be permitted on both the second and third floors
of existing and new commercial structures, with all means of ingress
and egress being separate and distinct from the principal use(s) on
the first floor of said structures. There shall be no mixed uses (apartments
and offices) on either the second or third floors of said structures.
[Amended 7-20-2021 by Ord. No. 2021-16]
5.
Propane filling and exchange stations, used in conjunction with permitted uses as listed in Subsection 23-3.11a1(a), (b), (d), (f), (k), and (r), and 2(k) and c2. All propane filling and exchange stations shall comply with standards listed in N.J.A.C. 5:18 and the NFPA, and must apply for and obtain an annual zoning permit as provided in Subsection 23-2.3t.
d.
Other provisions and requirements.
1.
Truck loading and unloading facilities shall be provided on the property
in other than the front yard area in sufficient amount to permit the
transfer of goods in other than a public street.
2.
Wherever a use in this zone is on a lot which abuts a residence zone
or P Public Zone ,a ten-foot-wide landscaped buffer area shall be
provided adjacent to the residence zone boundary in a manner approved
by the approving authority. Such buffer area shall be suitably planted
and maintained with landscaping materials of such species and sizes
so as to preclude any detrimental effect upon the adjacent residence
zone.
[Amended 7-20-2021 by Ord. No. 2021-16]
3.
Off-street parking space for the use of customers and employees shall
be provided as follows (this required parking may be considered to
be met by an adjoining public parking facility subject to the determination
by the approving authority that there is sufficient available capacity):
[Amended 12-13-2022 by Ord. No. 2022-37]
(a)
Retail business uses: one space for each 200 square feet of
gross floor area unless the property is located within Tier 1, Phase
1, Tier 1, Phase 2, or Tier 2, Phase 4 as depicted on the Township's
Downtown Redevelopment Area Map dated October 14, 2022, attached as
Exhibit A, in which case the required parking shall be one space for
each 400 square feet of gross floor area.
(b)
Personal and business service establishments: one space for
each 200 square feet of gross floor area unless the property is located
within Tier 1, Phase 1, Tier 1, Phase 2, or Tier 2, Phase 4 as depicted
on the Township's Downtown Redevelopment Area Map dated October
14, 2022, attached as Exhibit A, in which case the required parking
shall be one space for each 400 square feet of gross floor area.
(c)
Professional and business offices: one space for each 200 square
feet of gross floor area unless the property is located within Tier
1, Phase 1, Tier 1, Phase 2, or Tier 2, Phase 4 as depicted on the
Township's Downtown Redevelopment Area Map dated October 14,
2022, attached as Exhibit A, in which case the required parking shall
be one space for each 400 square feet of gross floor area.
(d)
Restaurants: one space for each three seats, plus one space
for each two employees unless the property is located within Tier
1, Phase 1, Tier 1, Phase 2, or Tier 2, Phase 4 as depicted on the
Township's Downtown Redevelopment Area Map dated October 14,
2022, attached as Exhibit A, in which case the required parking shall
be one space for each 400 square feet of gross floor area.
(e)
Theaters and other similar places of public assembly: one space
for each three persons of permitted occupancy unless the property
is located within Tier 1, Phase 1, Tier 1, Phase 2, or Tier 2, Phase
4 as depicted on the Township's Downtown Redevelopment Area Map
dated October 14, 2022, attached as Exhibit A, in which case the required
parking shall be one space for each 400 square feet of gross floor
area.
(f)
Apartments over commercial establishments: off-street parking
facilities shall be provided at the rate of 1 1/2 spaces for
each apartment unit. All off-street parking spaces shall be located
behind the front building line. Parking facilities required for the
commercial use shall not be deemed to satisfy this requirement.
4.
First-floor facades of newly constructed buildings shall provide
at least 75% transparency. Rear facades of newly constructed buildings
shall provide at least 50% transparency. First-floor ceiling elevation
shall have a minimum of 15 feet of clear ceiling height.
5.
In any building containing primary and secondary uses, the parking
for the primary and secondary uses located on the ground level that
is located under the building's upper levels shall be a permitted
primary use provided that:
[Added 7-20-2021 by Ord.
No. 2021-16]
(a)
The parking is located to the rear or side of the primary use
on the ground level.
(b)
The parking is enclosed with a wall that is at least 40 inches
in height and the exterior of the wall is constructed with the same
building materials and architectural design as the main portion of
the front building elevation.
(c)
The primary use on the ground level shall meet the requirements
under Subsection 23-3.11d6.
6.
In any building containing primary and secondary uses, the gross
floor area of the primary use on the ground level shall be at least
1/3 of the total gross floor area of the secondary uses in the building.
[Added 7-20-2021 by Ord.
No. 2021-16]
7.
To comply with the statewide electric vehicle supply/service equipment
(EVSE) and Make-Ready parking spaces law as per P.L. 2021, c. 171,
subject to the determination by the Township approving authority that
there is sufficient available capacity by means of the ability of
a parking space in an adjoining or other municipal parking lots, the
applicant, if approved, shall be responsible to pay a one-time payment
as determined by a cost estimate provided by the Township Engineer
per deficient EVSE or Make-Ready parking space. The intent of this
payment is to provide for EVSE and Make-Ready parking spaces to be
supplied in any municipal parking lot only after it has been determined
by the Township Council or land use board, whichever may be applicable,
that the applicant has insufficient area to install the required number
of EVSE or Make-Ready parking spaces on the subject property. If the
applicant provides the required number of EVSE or Make-Ready parking
spaces per state regulation on the subject property, then no payment
is required under this section. This rate shall be calculated, and
a separate bill shall be provided by the Tax Collector of the Township
of Scotch Plains. This calculation and payment to the Township of
Scotch Plains does not entitle the payee to reserved spaces in any
municipal lot.
[Added 12-13-2022 by Ord.
No. 2022-37]
a.
Permitted primary uses.
2.
Class
l - licensed cannabis cultivator.
[Added 5-18-2021 by Ord. No. 2021-9]
3.
Class
2 - licensed cannabis manufacturer.
[Added 5-18-2021 by Ord. No. 2021-9]
4.
Class
3 - licensed cannabis wholesaler.
[Added 5-18-2021 by Ord. No. 2021-9]
5.
Class
4 - licensed cannabis distributor.
[Added 5-18-2021 by Ord. No. 2021-9]
6.
Class
5 - licensed cannabis retailer (with or without a state and locally
endorsed cannabis consumption area).
[Added 5-18-2021 by Ord. No. 2021-9]
7.
Class
6 - licensed cannabis delivery service.
[Added 5-18-2021 by Ord. No. 2021-9]
8.
Licensed
cannabis microbusiness.
[Added 10-18-2022 by Ord.
No. 2022-27]
d.
Other provisions and requirements.
1.
Off-street parking space for the use of customers and employees shall
be provided as specified in Subsection 23-3.11d3.
2.
Wherever a use in this zone is on a lot which abuts a residence zone,
a ten-foot-wide landscaped buffer area shall be provided to the residence
zone boundary in a manner approved by the approving authority. Such
buffer area shall be suitably planted and maintained with landscape
material of such species and size so as to form an effective visual
screen.
3.
Each use located in this zone shall provide truck loading and unloading
space on the same lot and in other than the required front yards so
as to permit the transfer of goods in other than a public street.
a.
Permitted primary uses.
1.
Office buildings for executive, engineering, and administrative purposes.
2.
Scientific or research laboratories devoted to research, design and/or
experimentation and processing and fabricating incidental thereto,
provided no materials or finished products shall be manufactured,
processed or fabricated on said premises for sale, except such as
are incidental to the laboratory research, design or experimentation
conducted on the premises.
3.
Any light manufacturing, processing, packaging or assembly use, research
laboratory, or other similar industrial uses which can demonstrate
the capability to maintain the following performance standards at
all times in their operation.
(a)
Any noise produced on the premises shall not be in excess of
the standards listed below when measured at any property line of the
lot on which the use is located.
|
Frequency
|
Band Hz
|
Sound Pressure Level Decibels re 0.0002 dyne/cm2
|
|---|---|---|
|
20
|
75
|
69
|
|
75
|
150
|
54
|
|
150
|
300
|
47
|
|
300
|
600
|
41
|
|
600
|
1,200
|
37
|
|
1,200
|
2,400
|
34
|
|
2,400
|
4,800
|
31
|
|
4,800
|
10,000
|
28
|
(b)
If the noise is not smooth and continuous but is of an impulsive
or periodic character, the decibel levels indicated above shall be
reduced by 5%.
(c)
Any smoke emitted from any source on the premises shall not
be of a density greater than that density described as No. 1 on the
Ringlemann Chart, as published by the United States Bureau of Mines.
(d)
No fly ash, dust fumes, vapors, gases or other forms of air
pollution which can cause any damage to health, to animals or vegetation,
or damage or soil to other forms of property shall be permitted.
(e)
There shall be no emissions of odors in such quantities as to
be offensive at lot boundary lines.
(f)
No activity shall be maintained on the premises which will produce
heat or glare beyond any property line.
(g)
No machinery or operation shall be permitted which shall cause
perceptible vibration discernible to the human sense of feeling at
the property lines of the lot on which the site is located.
(h)
No activity shall be maintained on the premises which may result
in or cause hazard of fire, explosion, radiation, disease or other
physical hazard to persons, plant growth, buildings or other property.
4.
Contractors' storage buildings and storage yards and other such outdoor
storage of equipment and vehicles, provided that no such area is within
the existing or required front yard area, whichever is smaller, and
is screened by fencing or landscaping from public view from a public
street or from an adjacent residential zone, or as the approving authority
requires. Any building constructed or used on the premises shall meet
all applicable bulk requirements of this chapter.
5.
Municipal parks, playgrounds, buildings and uses deemed appropriate
and necessary by the Township Council.[1]
[1]
Editor's Note: Former Subsection a.6, regarding cannabis businesses,
added 5-18-2021 by Ord. No. 2021-9, which immediately followed this
subsection, was repealed 6-21-2022 by Ord. No. 2022-14.
d.
Other provisions and requirements.
1.
One off-street parking space shall be provided for each visitor and
each employee on the maximum work shift, provided that at no time
shall the use result in parking on a public street for any reason.
The onus and burden of proof for establishing and always providing
adequate amount of required off-street parking area shall be upon
the original applicant for the building permit, or any subsequent
owner of the premises.
2.
Parking areas may be located in any of the required yard areas other
than the front yard, provided they are not less than 20 feet from
the boundary of a residential zone or street line.
3.
Each use located in this zone shall provide truck loading and unloading
space on the same lot and in other than the required front yard so
as to permit the transfer of goods in other than a public street.
4.
Each use established in this zone shall set aside 10% of the tract
for seeding and landscaping, and use this area for no other purpose.
5.
Wherever a use in this zone is on a lot which abuts a residence zone,
a ten-foot-wide buffer area shall be provided adjacent to the residence
zone boundary. Such buffer area shall be suitably planted and maintained
with landscape materials of such species and sizes, in a manner approved
by the approving authority, as will preclude any detrimental effect
upon the adjacent residence zone.
6.
All industrial activities or processes shall take place within an
enclosed building. Incidental storage of materials and equipment out
of doors shall be shielded from any adjacent public streets or residential
areas by fencing, landscaping or other appropriate measures and shall
not be within the existing or required yard areas facing the street
or streets; except that crushing of waste material may be conducted
on site with portable crushing equipment. Crushing shall not be considered
a primary use of the property and shall be considered as a secondary
use to a permitted use in the M-1 Zone; by way of example, a contractors
storage yard; between the hours of 7:00 a.m. and 4:00 p.m. Monday
through Friday only. No weekend activity shall be permitted. Crushing
of material needs to be kept wet down during the operation. Proper
permits must be received from the DEP and annal record submissions
must be provided to the Township of Scotch Plains for the purpose
of gaining recycling credits.
[Amended 7-19-2022 by Ord. No. 2022-16]
7.
The following uses or activities are specifically prohibited in this
zone:
(a)
Auction markets.
(b)
Automobile wrecking yards, junkyards, or disassembly yards,
or the sorting or baling of scrap metal, paper, rags or other scrap
material.
(c)
Gas (illuminating or heating) storage, except for consumption
on premises.
(d)
Incineration, reduction, storage or dumping of slaughterhouse
refuse, rancid fats, garbage, trash, refuse, junk, dead animals or
offal, except by the municipality or its agents.
(e)
Outdoor sales of new or used motor vehicles or trailer coaches.
(f)
Petroleum or its derivatives except when stored in underground
tanks and not in excess of 40,000 gallons of fuel oil or 20,000 gallons
of gasoline or kerosene.
(g)
Residential dwelling units.
d.
Other provisions and requirements.
1.
One off-street parking space shall be provided for each visitor and
each employee on the maximum work shift, provided that at no time
shall the use result in parking on a public street for any reason.
The onus and burden of proof for establishing and always providing
an adequate amount of required off-street parking area shall be upon
the original applicant for the building permit or any subsequent owner,
occupier or user of the premises.
2.
Parking areas may be located in any of the required yard areas, provided
they are not less than 50 feet from the boundary of any residential
zone or a street line, and employee parking shall be behind the setback
line.
3.
Each use located in this zone shall provide truck loading and unloading
space on the same lot and in other than the required front yard so
as to permit the transfer of goods in other than a public street.
4.
Each use established in this zone shall set aside 20% of the tract
for seeding and landscaping, and use this area for no other purpose.
5.
Wherever a use in this zone is on a lot which abuts a residence zone,
a twenty-foot-wide buffer area shall be provided adjacent to the residence
zone boundary. Such buffer area shall be suitably planted and maintained
with landscape materials of such species and sizes, in a manner approved
by the approving authority, as will preclude any detrimental effect
upon the adjacent residence zone or adjacent residential property.
6.
All industrial activities or processes shall take place within an
enclosed building. Incidental storage of materials out of doors shall
be shielded from any adjacent public streets or residential areas
by fencing, landscaping or other appropriate measure.
7.
The uses enumerated as prohibited uses in Subsection 23-3.14d7 are
hereby prohibited in this zone.
a.
Permitted primary uses:
1.
Senior citizen multifamily developments at a density not to exceed
16 dwelling units per acre, including recreation and parking facilities
for the exclusive use of residents, their guests and employees.
2.
Minimum gross floor area shall be 540 square feet per unit.
3.
No dwelling unit shall be located in a basement or cellar.
4.
The proposed use shall be located on an arterial, primary or secondary
street as established by the Township Master Plan.
b.
Other provisions and requirements:
1.
Parking: A minimum 0.50 parking space shall be provided for each
dwelling unit. Any site plan submitted for approval shall include
an area or areas for any potential additional parking spaces so that
the additional parking could be provided if required by the approving
authority or if same becomes necessary when the proposed development
is occupied.
2.
All parking areas may be located in any of the required yard areas,
provided they are at least 40 feet from a property line or a street
line, and shall otherwise comply with all general requirements of
this chapter concerning parking areas. Employee parking areas shall
be behind the setback lines.
3.
Landscape plantings shall be provided in sufficient quantity and
locations to preclude the transmission of headlight glare or other
lighting to adjacent properties and to screen the view of the parking
area from a public street.
4.
At least 10% of the site shall consist of landscaped open space exclusive
of building area, parking areas, and access drives and shall be common
open space developed for active or passive recreation use of the residents
of the project, including sitting areas and the like.
5.
A ten-foot-wide buffer area shall be provided adjacent to driveway
entrance in a manner approved by the approving authority. Such buffer
area shall be suitably planted and maintained with landscaped materials
of such species and sizes so as to form an effective visual screen.
6.
Truck loading and unloading facilities shall be provided on the property
in other than the front yard in sufficient amount to permit the transfer
of goods.
7.
Two freestanding signs may be permitted, which may be illuminated
by nonflashing light. Such signs shall not be located within 10 feet
of a street or property line nor in any such manner which would create
a hazard. Such sign shall not exceed 24 square feet on either of two
sides.
8.
Signs. All signs denied a construction permit due to a violation
of this chapter shall require the approval of the approving authority,
it shall consider whether the proposed sign:
(a)
Is reasonably necessary to locate the senior citizen complex
located on or about to be located on the property in question.
(b)
Is aesthetically compatible with the surrounding neighborhood.
(c)
Is or may tend to be harmful to the peaceful and quiet enjoyment
of the surrounding property owners.
(d)
Is depreciating or may tend to depreciate the value of surrounding
properties.
9.
Limited retail sales for occupants, guests and employees shall be
permitted. Total floor area shall not exceed 1,000 square feet.
c.
Schedule of lot, yard and building regulations.
1.
Minimum lot and yard dimensions:
(a)
Primary use: senior citizen multifamily dwellings.
(b)
Area: minimum seven acres.
(c)
Width: 300 feet.
(d)
Area: minimum seven acres (corner lot).
(e)
Width: 300 feet (corner lot).
(f)
Front yard: 40 feet.
(g)
Minimum side street corner lot: 50 feet.
(h)
Side yard: 50 feet.
(i)
Total both side yards: 100 feet.
(j)
Rear yard: 50 feet.
(k)
Maximum lot coverage: 30%.
(l)
Maximum number of stories: four.
a.
The areas of public facilities, which are of a permanent nature,
including all administrative, educational, service and recreational
lands in the Township of Scotch Plains.
b.
In the event a property located in the P Zone either owned directly or under the jurisdictional authority of the municipality or the SPFBoE becomes vacant and is no longer used for its intended use, the restrictions on the property shall be the same as the criteria of the R-1 Zone as outlined in Subsection 23-3.5. Schedule of lot block and building regulations It is the intent of this subsection for the Township to use any property in question for the highest and best use. The Planning Board shall make a recommendation to the Mayor and Council should a zone change be required for the highest and best use on the property for all of the residents within the Township of Scotch Plains.
The C-Conservation Zone is established to provide for the designation
and recognition of certain parcels of land that, by reason of their
natural condition or environmental features, are best left in their
natural state as permanent open space for the enjoyment and benefit
of all citizens. All lots so designated shall either be owned or under
the control of the Township of Scotch Plains, or an authorized agency
thereof, and shall be left in their natural condition and shall remain
undeveloped. Nothing herein shall prevent the Township or an authorized
agency thereof, nor shall it prevent the Township or an authorized
agency thereof, from periodically inspecting any lot so designated,
nor performing any necessary maintenance related to public safety,
including, but not limited to, the clearing of any drainageway, easements
or the removal of debris or any part of said property for the use
of public purpose, in order to create or correct health or safety
hazards and/or create and/or construct for the public good, safety,
and welfare.
a.
Permitted uses:
3.
Additional principal and secondary uses for ML-2 Zone (Donato) (Lot
3, Block 4901, only):
(a)
Buildings for business offices and professional offices, as specifically defined in Subsection 23-1.8, and including standards in accordance with the standards for said business office and professional office uses only as set forth in the B-4 Office Zone, and that it is the specific intent that all other uses permitted in the aforementioned B-4 Office Zone are not permitted uses on this parcel.
(b)
Off-street parking facilities in conjunction with a permitted
office use, subject to the following:
b.
Density and bulk requirements:
1.
Density. Density shall be in accordance with the following schedule
to produce the number of low/moderate units set forth:
|
Site
|
Acres
|
Density
|
Low/Moderate Units
|
|---|---|---|---|
|
Donato Site (Block 4901, Lot 3)
|
7.71*
|
16 units per acre
|
16
|
|
Bowcraft Site (Block 4802, Lots 9, 10, 11)
|
13*
|
16 units per acre
|
42
|
|
*
|
The size of each parcel is an estimated size, not to be relied
upon. The three sites are inclusionary sites and, pursuant to the
rules and regulations of the Council on Affordable Housing, shall
provide sufficient set-aside so as to yield the number of low and
moderate housing units indicated above.
|
2.
Bulk requirements.
(a)
There shall be the following minimum distances between buildings:
|
Description
|
Minimum Distance
(feet)
|
|---|---|
|
Windowless wall to windowless wall
|
20
|
|
Window wall to windowless wall
|
20
|
|
Front to front:
| |
|
Building height of up to 30 feet
|
50
|
|
Building height of up to 30 feet or more
|
75
|
|
Rear to rear
|
50
|
|
End to end
|
30
|
|
Any building face to local street curb face or edge of pavement
|
40
|
|
Any building face collector street curb face or edge of pavement
|
40
|
|
Any building face to arterial street curb face or edge of pavement
|
50
|
|
Any building face except garage face to common parking area
|
12
|
|
Garage face to common parking area
|
5
|
|
The Planning Board shall permit the above distances
to be reduced by not more than 1/3 if there is an angle of 20°
or more between buildings and if extensive landscaping or buffers
are placed between buildings.
| |
(b)
Coverage: The maximum coverage by buildings shall not exceed
25%. The maximum coverage by all impervious surfaces, including buildings,
shall not exceed 50%.
(c)
Buffer areas: No building, driveway or parking area shall be
located within 20 feet of any property boundary line abutting a single-family
residential use or a single-family residential zone.
c.
Parking requirements:
2.
Parking spaces in common parking areas shall be located within 150
feet of the dwelling unit served.
3.
All required parking shall be provided off-street, except that nothing
herein shall be construed to prohibit required parking spaces from
being placed perpendicular to a one- or two-way local street, or at
an angle on a one-way local street, provided that both the pavement
width of the street and the length of each parking space meet the
requirements set forth in this subsection.
4.
No arterial or collector street shall provide direct access to an
individual required parking space.
5.
Secondary buildings, structures and uses shall be permitted in the
front yard.
d.
Street specifications; stormwater detention; utilities/solid waste
removal.
3.
Right-of-way width (if public): 50 feet.
5.
Utilities/solid waste removal. Same as contained in the following
subsections:
|
Subsection No.
|
Subject
|
|---|---|
|
22-6.3
|
Storm drains, sanitary sewage and utilities
|
|
22-6.5
|
Streetlighting
|
|
22-6.10
|
Electric and telephone utilities
|
|
21-5.1a21
|
Site lighting
|
|
21-5.1a34
|
Garbage and recycling
|
[Added 7-16-2019 by Ord.
No. 2019-15]
a.
Intent and purpose. The intent and purpose of the ML-3 Multifamily
Zone District is to provide a realistic opportunity to develop an
inclusionary affordable housing project to meet present and prospective
housing needs, with particular attention to very-low-, low-, and moderate-income
housing, in conformance with the requirements of the New Jersey Council
on Affordable Housing ("COAH"), the settlement agreement entered into
between the Township of Scotch Plains, Fair Share Housing Center ("FSHC"),
Lamberts Mill, Amberg, ATA Developers, and SP Reserve on January 15,
2018 (hereinafter "settlement agreement"), and the court order approving
same, which was entered by the court on April 20, 2018, after a properly
noticed fairness hearing, and the Township's conditional declaratory
judgment of compliance and repose entered by the Superior Court of
New Jersey on January 9, 2019, and filed by the Court on January 11,
2019, which approved the land use regulations and affirmative devices
in the Township's Housing Element and Fair Share Plan dated September
27, 2018, to comply with the Township's constitutional obligation
with respect to affordable housing under Mount Laurel doctrine.
1.
The standards found herein are based on the terms agreed to in the
settlement agreement. Per the aforementioned agreement, the Amberg
Site shall be generally in accordance with and Exhibits I and J of
the settlement agreement.
b.
Permitted principal uses.
1.
Multifamily residential housing consisting of up to 125 family rental
dwelling units, in a minimum of three and up to five buildings, including
a minimum 15% or a maximum of 19 units set aside for very-low-, low-,
and moderate-income family rental units. No market-rate three-bedroom
units or greater are permitted.
c.
Permitted accessory uses.
1.
Parking garages, surface parking, private driveways;
2.
Common outdoor public or private spaces, plazas and terraces;
3.
Active and passive recreation facilities;
4.
Maintenance facilities;
5.
Gardens, hardscape patio areas, landscape features, and courtyards;
6.
Streetscape improvements;
7.
Pedestrian walking paths;
8.
Green building techniques and green roofs;
9.
Mechanical equipment and trash enclosures;
10.
Emergency access driveways;
11.
Stormwater management systems; and
12.
Signs.
d.
Bulk requirements.
|
Description
|
Requirement
|
|---|---|
|
Maximum density (tract)
|
125 total dwelling units
|
|
Minimum lot area
|
245,025 feet2.
|
|
Minimum lot width
|
470 feet
|
|
Minimum street frontage
|
490 feet
|
|
Maximum building coverage (%)1
|
30%
|
|
Maximum impervious lot coverage (%)2
|
60%
|
|
Principal building setbacks and requirements3
| |
|
Minimum front yard setback (Lamberts Mill Road)
|
50 feet
|
|
Minimum one side yard setback (fronting on Spruce
Mill Road)
|
50 feet
|
|
Minimum one side yard setback (adjacent to B 13601,
L 1)
|
30 feet
|
|
Minimum rear yard setback
|
50 feet
|
|
Maximum building height (stories) (principal)
|
3 1/2 stories4
|
|
Maximum building height (feet) (principal)
|
50 feet
|
|
Minimum distance between buildings
|
45 feet
|
|
Minimum distance: building front to building corner
|
60 feet
|
|
Minimum distance: building front to building side
|
60 feet
|
|
Minimum distance: building side to building side
|
50 feet
|
|
Parking area requirements
| |
|
Minimum number of off-street parking spaces
|
RSIS5
|
|
Driveway circulation dimensions
|
RSIS
|
|
NOTES:
| |
|---|---|
|
1
|
Gazebos shall be exempt from building coverage calculations
as it relates to this subsection.
|
|
2
|
Gazebos shall be exempt from impervious coverage calculations
as it relates to this subsection.
|
|
3
|
Architectural features and appurtenances such as window bays,
fire features, porch entrances, balconies, covered entranceways, door
surrounds, decks, porticos, patios, stairs, or pediments which project
no greater than five feet into any building setback are permitted.
|
|
4
|
The height of the building shall be measured from the proposed
average grade to the peak of the roof. The building height shall not
exceed 3 1/2 stories or 50 feet to the peak of the roof on a
pitched roof, 32 feet at the predominant roof eave, and 40 feet to
the midpoint of the pitched roof. Basements, lofts, and attics, if
permitted by the Planning Board, shall not be utilized as a bedroom
space. Purely decorative roof appurtenances, such as decorative lanterns,
chimneys, cupolas, parapets, among others, shall not increase the
building height by greater than 10%.
|
|
5
|
Residential Site Improvement Standards, N.J.A.C. 5:21-4.14,
Parking: number of spaces.
|
e.
Site plan and building requirements.
1.
Parking and circulation.
(a)
All residential projects shall conform to RSIS standards.
(b)
All required off-street parking and loading spaces shall be
provided on-site.
(c)
Parking spaces shall be a paved area clearly marked as an area
at least nine feet wide by 18 feet long, exclusive of aisles, driveways
and passageways appurtenant thereto and giving access thereto.
(d)
Accessible parking spaces shall be provided in every parking
lot. Such spaces shall meet FHA design standards and shall be located
close to barrier-free walkways and entranceways.
(e)
Where sidewalks occur in parking areas, parked vehicles shall
not overhang or extend over the sidewalk unless an additional two
feet is provided in order to accommodate such overhang.
(f)
In order to count towards the off-street parking requirements,
the minimum length of surface parking spaces located in front of garages
shall be 18 feet.
(g)
The project shall contain two points of ingress/egress into
the site. One ingress/egress shall be located off of Spruce Mill Lane,
and the second off of Lamberts Mill Road.
2.
Infrastructure. Any required utility or infrastructure improvements
to accommodate the development shall be the sole responsibility of
the developer.
3.
Streetscape. New sidewalks, curbing, crosswalks, street trees and
similar design items shall be constructed along the Lamberts Mill
Road and Spruce Mill Lane roadway frontages to the satisfaction of
the Planning Board Engineer.
4.
Open space and landscape buffer.
(a)
The development shall include a centrally located open space
area consisting of a minimum of 22,000 square feet that shall be available
to all of the residents of the community. Amenities that serve the
residents such as a clubhouse, terrace, or patio area constructed
of high-quality materials may be incorporated into this 22,000-square-foot
area. The type of amenity, size, location, and materials used shall
be subject to Planning Board approval.
(b)
A landscape buffer shall be provided along the property line
which borders Block 13601, Lot 1, and the property's frontage along
Lamberts Mill Road. This landscaped buffer area shall consist of a
mixture of deciduous and evergreen plantings. This landscaped buffer
area shall be a minimum of 10 feet in depth. To the extent practical,
existing trees on the site shall be preserved and protected during
construction. The Planning Board may approve fencing in conjunction
with any such screening requirement.
5.
Any site plan or subdivision plan shall be accompanied by a landscape
plan prepared by a licensed landscape architect, specifying details
for tree-protection measures, proposed landscape plantings, and street
trees to be provided in accordance with ordinance requirements, and/or
contract of sale or developer's agreement.
6.
Architectural design guidelines.
(a)
Similar building materials and architectural design shall be
used on all four building elevations of all buildings.
(b)
The use of a mixture of stone, brick, and HardiePlank® siding is encouraged. The use of vinyl siding
on any building elevation is prohibited.
(c)
The building height shall not exceed 3 1/2 stories or 50
feet to the peak of the roof on a pitched roof, 32 feet at the predominant
roof eave, and 40 feet to the midpoint of the pitched roof.
(d)
All mechanical equipment shall be screened from view. Rooftop
equipment shall be screened in a manner consistent with the architecture
and building materials of the building. Ground-level mechanical equipment
shall be screened by means of solid fencing and supplemented and/or
with evergreen plantings as determined by the Planning Board.
(e)
Accessory structures, such as gazebos, shall not exceed 15 feet
in height. Any accessory building shall meet the required principal
building setbacks.
7.
Variances. The Planning Board may grant a design waiver or variance
for any specific bulk, parking, or design requirement that is a de
minimus exception to the bulk requirements of this subsection, provided
the applicant demonstrates that such waiver or variance is necessary
for the feasibility of the project, will not substantially impair
the purpose of the subsection, and is substantially consistent with
the terms of the Township's settlement agreement.
f.
Affordable housing requirements. Any project containing residential
units shall meet the requirements of the Township's Affordable Housing
Ordinances,[1] applicable COAH regulations, Uniform Housing Affordability
Controls ("UHAC"), the court-approved Housing Element and Fair Share
Plan, and any applicable order of the court and other applicable law.
1.
Fifteen percent or 19 units shall be set aside as units affordable
to very-low-, low-, and moderate-income households.
2.
Income distribution: The income distribution for the affordable units
in each project shall be as follows: no more than 50% may be moderate-income
units, at least 37% shall be low-income units and at least 13% shall
be very-low-income units.
3.
Bedroom mix: At least 20% of the affordable units in each project
shall be three-bedroom units; no more than 20% of the affordable units
in each project shall be efficiency and one-bedroom units; at least
30% of the affordable units in each project shall be two-bedroom units;
the balance may be two- or three-bedroom units; at the discretion
of the developer.
4.
The developer shall have an obligation to deed restrict the affordable
units as very-low-, low- or moderate-income affordable units for a
period of at least 30 years, until such time and under conditions
as the Township elects to release the deed restriction, so that the
Township may count the affordable units against its affordable housing
obligation. The deed restrictions shall be recorded with the County
Clerk, and a copy of the recorded deed shall be forwarded to the Township
Municipal Housing Liaison and administrative agent. Any sale of the
property or units shall not affect the length or terms of the deed
restriction.
5.
All affordable units shall comply with the bedroom distribution requirements,
income distribution requirements, pricing requirements, integration
of affordable unit requirements, affirmative marketing requirements,
candidate qualification and screening requirements and deed restriction
requirements of the Township's Affordable Housing Ordinance[2] and Uniform Housing Affordability Controls ("UHAC").
6.
The developer/owner of the affordable units shall contract with an
experienced and duly qualified administrative agent for the administration
of the affordable units. The developer's/owner's administrative agent
may either be the Township Administrative Agent or shall report to
the Township Administrative Agent, and the developer/owner shall have
the obligation to pay all costs associated with affirmatively marketing
and deed restricting the affordable units, income qualifying residents,
and maintaining compliance with the affordability controls on the
affordable units in accordance with this subsection and the Township's
Affordable Housing Ordinance for the entirety of the deed-restriction
period. The developer/owner and its administrative agent shall provide
annual reports as required by the Township and the Township's Administrative
Agent to enable the Township to comply with the affordable housing
monitoring requirements of the court.
[Added 7-16-2019 by Ord.
No. 2019-14]
a.
Intent and purpose. The intent and purpose of the ML-4 Multifamily
Zone District is to provide a realistic opportunity to develop an
inclusionary affordable housing project to meet present and prospective
housing needs, with particular attention to very-low-, low-, and moderate-income
housing, in conformance with the requirements of the New Jersey Council
on Affordable Housing ("COAH"), the settlement agreement entered into
between the Township of Scotch Plains, Fair Share Housing Center ("FSHC"),
Lamberts Mill, Amberg, ATA Developers, and SP Reserve on January 15,
2018 (hereinafter "settlement agreement"), and the court order approving
same, which was entered by the court on April 20, 2018, after a properly
noticed fairness hearing, and the Township's conditional declaratory
judgment of compliance and repose entered by the Superior Court of
New Jersey on January 9, 2019, and filed by the court on January 11,
2019, which approved the land use regulations and affirmative devices
in the Township's Housing Element and Fair Share Plan dated September
27, 2018, to comply with the Township's constitutional obligation
with respect to affordable housing under the Mount Laurel doctrine.
1.
The standards found herein are based on the terms agreed to in the
settlement agreement. Per the aforementioned agreement, the North
Avenue Tract shall be generally in accordance with Exhibits K and
L of the settlement agreement. This pertains to how Block 8301, Lot
7, will be developed and that Block 8301, Lot 5, shall be rezoned
to be in the Conservation Zone District and dedicated to the Township
of Scotch Plains and preserved as open space as part of the Township's
Recreation and Open Space Inventory ("ROSI").
b.
Permitted principal uses.
1.
Multifamily residential housing consisting of up to 12 total residential
dwelling units, consisting of a maximum of five for-sale townhouses
and seven family rental apartment units, including a minimum of 15%
or a maximum of two units set aside, which shall be one two-bedroom
moderate-income and one three-bedroom low-income family rental units.
No market-rate three-bedroom units or greater are permitted.
c.
Permitted accessory uses.
1.
Parking garages, surface parking, private driveways;
2.
Common outdoor public or private spaces, plazas and terraces;
3.
Gardens, hardscape patio areas, landscape features, and courtyards;
4.
Streetscape improvements;
5.
Pedestrian walking paths;
6.
Green building techniques and green roofs;
7.
Mechanical equipment and trash enclosures;
8.
Emergency access driveways;
9.
Stormwater management systems; and
10.
Signs.
d.
Bulk requirements.
1.
Maximum density (tract): 12 total dwelling units.
2.
Minimum lot area (tract): 40,000 feet.
3.
Minimum lot width (tract): 200 feet.
4.
Minimum street frontage (tract): 200 feet.
5.
Maximum building coverage (%) (tract): 30%.
6.
Maximum impervious lot coverage (%) (tract): 60%.
7.
Principal building setbacks and requirements.
(a)
Minimum front yard setback (tract): 30 feet.
(b)
Minimum one side yard setback (tract): eight feet.
(c)
Minimum total both side yard setbacks (tract): 45 feet.
(d)
Minimum rear yard setback (tract): 15 feet.
(e)
Maximum building height, apartment building (stories): 2.5 stories.
(f)
Maximum building height, apartment building (feet): 35 feet.
(g)
Minimum distance between buildings: 45 feet.
(h)
Minimum distance, building face to parking area: 15 feet.
(i)
Minimum distance, building face to ROW: 30 feet.
8.
Single-family attached requirements (for sale).
(a)
Minimum lot area: 2,200 feet.
(b)
Minimum lot width: 24 feet.
(c)
Minimum front yard setback: 20 feet.
(d)
Minimum side yard setback (interior): zero feet.
(e)
Minimum side yard setback (exterior): 10 feet.
(f)
Maximum building height, townhouses: 2.5 stories.
(g)
Maximum building height, townhouses: 35 feet.
9.
Accessory building requirements.
e.
Site plan and building requirements.
1.
Parking and circulation.
(a)
All residential projects shall conform to RSIS standards.
(b)
All required off-street parking and loading spaces shall be
provided on-site.
(c)
Parking spaces shall be a paved area clearly marked as an area
at least nine feet wide by 18 feet long, exclusive of aisles, driveways
and passageways appurtenant thereto and giving access thereto.
(d)
Accessible parking spaces shall be provided in every parking
lot. Such spaces shall meet ADA design standards and shall be located
close to barrier-free walkways and entranceways.
(e)
Where sidewalks occur in parking areas, parked vehicles shall
not overhang or extend over the sidewalk unless an additional two
feet are provided in order to accommodate such overhang.
(f)
In order to count towards the off-street parking requirements,
the minimum length of a townhouse unit driveway shall be 18 feet.
(g)
Lots which are the result of the subdivision of Block 8301,
Lot 7, to permit individual lots for townhouse units may front on
a private road. All private roads shall conform to RSIS standards.
2.
Infrastructure. Any required utility or infrastructure improvements
to accommodate the development shall be the sole responsibility of
the developer.
3.
Streetscape. New sidewalks, curbing, crosswalks, and street trees
shall be provided along the North Avenue roadway frontage at the direction
of the Planning Board Engineer.
4.
Landscape buffer. A landscape buffer shall be provided along the
property line which borders Block 8301, Lot 8. This buffer area shall
consist of a mixture of deciduous and evergreen plantings. This landscaped
buffer area shall be a minimum of five feet in depth. To the extent
practical, existing trees on the site shall be preserved and protected
during construction. The Planning Board may approve fencing in conjunction
with any such screening requirement. Any site plan or subdivision
plan shall be accompanied by a landscape plan prepared by a licensed
landscape architect, specifying details for tree-protection measures,
proposed landscape plantings, and street trees to be provided in accordance
with ordinance requirements, and/or contract of sale or developer's
agreement.
5.
Steep slopes. Portions of lots may be within steep slopes, wetlands,
or 100-year floodplains of streams, provided that any building or
land disturbance within these areas is permitted by the appropriate
regulatory agencies. The developer is responsible for acquiring the
appropriate permits and approvals.
6.
Accessory structures. Accessory structures shall only be permitted
in the rear portion of the property.
7.
The subject property is partially located within a flood hazard area
regulated by the NJ Department of Environmental Protection (NJ DEP).
The proposed development of Block 8301, Lot 7, may require the regrading
and/or land disturbance on Block 8301, Lot 5, in order to satisfy
the cut and fill volume requirements of the DEP Flood Hazard Area
Control Act Rules (N.J.A.C. 7:13). Prior to any application to the
DEP for a regulatory permit under the Flood Hazard Area Control Act[1] for the residential development project, the Planning
Board Engineer shall review and approve any regrading and/or disturbance
to Block 8301, Lot 5, as part of the site plan application for the
residential project on Block 8301, Lot 7. Any regrading and/or land
disturbance on Block 8301, Lot 5, shall be minimized to the maximum
extent practicable. No ponding of water shall be allowed to occur
on Block 8301, Lot 5.
[1]
Editor's Note: See N.J.S.A. 58:16a-50 et seq.
8.
Tree removal. Any tree removal resulting from the regrading and/or
land disturbance described under Subsection 23-3.18Be7 shall be reforested
in accordance with a reforestation plan prepared by a licensed landscape
architect and to be approved by the Planning Board Engineer and Planner
as part of and in conjunction with the site plan application.
9.
Architectural design guidelines.
(a)
Similar building materials and architectural design shall be
used on all four building elevations of all buildings, including the
accessory buildings (garages).
(b)
The use of a mixture of stone, brick, and HardiePlank® siding is encouraged. The use of vinyl siding
on any building elevation is prohibited.
(c)
Adjacent townhouse units shall have a facade setback of at least
two feet from the face of the building line to building line. This
provision shall only apply to townhouses. There shall be no facade
setback requirement for adjacent apartment units.
(d)
All mechanical equipment shall be screened from view. Rooftop
equipment shall be screened in a manner consistent with the architecture
and building materials of the building. Ground-level mechanical equipment
shall be screened by means of solid fencing and supplemented with
evergreen plantings.
(e)
In the ML-4 Multifamily Zone, a "half story" shall be defined
as the portion of a building under a gable, hip, or gambrel roof,
the wall plates of which on at least two opposite exterior walls shall
be permitted to have dormers and other roof features which extend
above two feet as long as the aggregate eave line around the entire
building perimeter is maintained at two feet above the floor or less
for at least 40% of the perimeter. A basement shall also be included
as a half story.
f.
Affordable housing requirements. Any project containing residential
units shall meet the requirements of the Township's Affordable Housing
Ordinances,[2] applicable COAH regulations, Uniform Housing Affordability
Controls ("UHAC"), the court-approved Housing Element and Fair Share
Plan, and any applicable order of the court and other applicable law.
1.
Fifteen percent or two units shall be set aside as units affordable
to very-low-, low-, and moderate-income households.
2.
Income distribution and bedroom mix: The income distribution and
bedroom mix of the two affordable units in this project shall be one
two-bedroom moderate-income unit and one three-bedroom low-income
unit.
3.
The developer shall have an obligation to deed restrict the affordable
units as very-low-, low- or moderate-income affordable units for a
period of at least 30 years, until such time and under conditions
as the Township elects to release the deed restriction, so that the
Township may count the affordable units against its affordable housing
obligation. The deed restrictions shall be recorded with the County
Clerk, and a copy of the recorded deed shall be forwarded to the Township
Municipal Housing Liaison and administrative agent. Any sale of the
property or units shall not affect the length or terms of the deed
restriction.
4.
All affordable units shall comply with the bedroom distribution requirements,
income distribution requirements, pricing requirements, integration
of affordable unit requirements, affirmative marketing requirements,
candidate qualification and screening requirements and deed restriction
requirements of the Township's Affordable Housing Ordinance.[3]
5.
The developer/owner of the affordable units shall contract with an
experienced and duly qualified administrative agent for the administration
of the affordable units. The developer's/owner's administrative agent
may either be the Township Administrative Agent or shall report to
the Township Administrative Agent, and the developer/owner shall have
the obligation to pay all costs associated with affirmatively marketing
and deed restricting the affordable units, income qualifying residents,
and maintaining compliance with the affordability controls on the
affordable units in accordance with this section and the Township's
Affordable Housing Ordinance for the entirety of the deed-restriction
period. The developer/owner and its administrative agent shall provide
annual reports as required by the Township and the Township's Administrative
Agent to enable the Township to comply with the affordable housing
monitoring requirements of the court.
[10-29-2018 by Ord. No.
2018-29]
a.
The height limitations of this chapter shall not apply to silos,
church spires, belfries, cupolas, flagpoles and domes not used for
human occupancy.
b.
Chimneys, ventilators, skylights, water tanks, television and radio
antennas and similar features, and necessary mechanical appurtenances
usually carried on and above the roof level may exceed the height
limitations of this chapter by not more than 15 feet, provided not
more than 30% of the roof area is occupied by such equipment; if such
equipment is construed as a secondary structure, apart from the primary
structure, the height restrictions of this chapter shall apply.
1.
All roof structures and/or HVAC-related equipment, except chimneys
and antennas (but not microwave satellite dishes) shall be screened
from view by means of a parapet designed as an integral part of the
main building, or by another means reviewed and approved by the approving
authority as part of site plan review and approval.
c.
The provisions of this chapter shall not apply to prevent the erection
above the building height limit of a parapet wall or cornice for ornament
(and without windows) extending above such height limit not more than
five feet. Public and quasi-public buildings, schools, churches, and
other similar permitted uses shall increase the front, rear and side
yards by one foot for each foot by which such buildings exceed the
height limit herein established for such zone in which they are located,
and further provided that in no case shall any building have a height
greater than 50 feet.
a.
Front yards. In such cases in residential zones where the frontage
on the same side of the street within 500 feet is 50% or more developed,
then the required front yard area for a new structure shall be modified
to the average for such existing development, or as otherwise recommended
by the Zoning Officer. Otherwise, the requirements of Subsections
23-3.4A and 23-3.4B[1] shall apply.
[1]
Editor's Note: The provisions of Subsections 23-3.4A and 23-3.4B
are the Schedules of Lot, Yard, and Building Regulations, which are
on file in the office of the Township Clerk.
b.
Side yards. In the case of lots upon which an existing structure is located or which comply with the provisions for modification of Subsection 23-4.1 combined total side yard requirements, as specified in Column 9 of Subsections 23-3.4A and 23-3.4B, shall be reduced by six inches for each foot by which a lot is less than the minimum requirements specified in Column 4 or 6 of Subsection 23-3.4A and in Column 5 of Subsection 23-3.4B for the zone in which located. In any case, the side yard area for either side yard shall not be reduced to less than 50% of the requirement of Column 8 of Subsections 23-3.4A and 23-3.4B.
c.
Porches, stoops, fireboxes, chimneys, ramps. Porches, stoops, fireboxes,
chimneys, HVAC equipment and the like shall be exempt from the front,
side, and rear requirements as outlined in Subsection 23-3.4A, Schedule
of Lot, Yard, and Building Regulations.
1.
Steps shall be exempt from all of the lot, yard, and building regulations
as they may be necessary to carry out the passage of ingress and egress.
2.
Porches shall be a three-sided, open-air, roofed structure without
the use of windows, screens, or curtains; and shall be constructed
in accordance with the latest edition of the Building Code.
3.
Porches shall be permitted to extend 96 inches from the face of the
existing front setback as outlined in Subsection 23-3.4A, paragraphs
A, B, C, G, and H, as long as the setback conforms to the above-referenced
subsection or as the average setback applies. This subsection applies
to residential structures only.
4.
Ramps and mechanical appliances for the physically impaired, aged,
and handicapped shall be exempt from all of the lot, yard, and building
regulations as they may be necessary to carry out the passage of ingress
and egress. Sites, facilities, buildings and elements may be made
accessible to and usable by people with such physical disabilities
as the inability to walk, difficulty walking, reliance on walking
aids, blindness and visual impairment, deafness and hearing impairment,
in coordination, reaching and manipulation disabilities, lack of stamina,
difficulty interpreting and reacting to sensory information, and extremes
of physical size. The intent of these sections is to allow a person
with a physical disability to independently get to, enter, and use
a site, facility, building, or element as it may be necessary to carry
out the passage of ingress and egress.
a.
It is recognized that, in accordance with the purposes of the Land
Development Ordinance[1] of the Township of Scotch Plains and the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.) may be necessary and appropriate
to permit activities for a limited period of time, under very specific
conditions, which activities may be prohibited by other provisions
of the aforesaid ordinance, if such uses are of such a nature and
are so located that, at the time of application, they would:
1.
Not exert a substantially detrimental effect upon the uses of land
and activities normally permitted in the zone district in which the
activity is proposed;
2.
Contribute materially to the good and welfare of the Township or
its residents; and
3.
Be temporary in nature and not substantially undermine the Township's
Master Plan and/or Land Development Ordinance.
b.
The provisions of this temporary operating permit subsection shall apply only to temporary operating uses not customary or incidental to single-family dwellings within single-family residential zone districts in the Township. The Zoning Board of Adjustment of the Township of Scotch Plains shall (herein "Board") have the power to grant temporary operating permits (herein "TOP") except for the following limited uses, if not located within a single family residential zone district (provided the criteria set forth in Subsection 23-4.3a above have been met to the satisfaction of the Board):
c.
The Board, if it finds the criteria set forth in Subsection 23-4.3a above to have been satisfied, may grant a temporary operating permit for such activity, and no other application or action shall be required of the applicant in receipt of such temporary operating permit. The Board may refer such temporary operating permit request to any agency, department or board prior to its decision for comment, but the Board shall not be bound by the same. The Board shall limit the time period for which the initial temporary operating permit shall be valid, to a maximum period of 12 consecutive months from approval by the Board, and shall impose any conditions upon the temporary operating permit which it deems appropriate.
d.
The Township's Construction Code Official/Zoning Officer or Board
Secretary shall have the authority to require the applicant for a
temporary operating permit to give notice of the application to the
owners of all real property, as shown on the current tax duplicate,
within 200 feet in all directions of the property which is the subject
of such application. The notice shall contain a designation of the
property which is the subject of the application by lot and block
and street address and shall contain a description of what use the
applicant is requesting and also at what meeting the application will
be heard (address, date and time of meeting) and that the recipient
of the notice shall have the right to be heard relative to the application.
Notice shall be given in accordance with the notice procedures set
forth in N.J.S.A. 40:55D-12.
e.
The applicant for a temporary operating permit shall pay to the Township, at the time the application is filed, a $100 fee to cover administrative expenses, the same being nonrefundable. In addition to the said fee, either the Construction Code Official/Zoning Officer or the Board Secretary shall have the authority to require an escrow account of up to $500 to be established for the purpose of covering the costs of professional services, including engineering, planning, legal and other expenses connected with the review of the application. The escrow will be held and administered in accordance with the provisions of Subsection 19-3.4 of the Scotch Plains Land Development Ordinance[2] and the Municipal Land Use Law.[3] If neither the Construction Code Official nor the Board
Secretary shall require the applicant to post an escrow account fee,
the Board, nonetheless, reserves the right to require the applicant
for a temporary operating permit to post such escrow account fee.
f.
In the event that an applicant for a temporary operating permit requests
such permit for an activity for which a permit has been granted for
the year subsequent to the year first granted, the Board shall have
the right to review such permit for up to (but not in excess of) three
years. The Board may grant successive renewal permits for up to three
years thereafter. The Board may grant the renewal permit in its sound
discretion only if no valid complaints were received, in writing,
since the issuance of either the original or subsequently renewed
and approved temporary operating permit, and there are no significant
changes from either the original or subsequently renewed and approved
temporary operating permit. All conditions imposed by either the original
or subsequently renewed and approved temporary operating permit shall
continue in effect in the renewal permit, and the Board may impose
new conditions if it deems such new conditions necessary, or if such
new conditions are deemed necessary by other Township officials.
g.
Notwithstanding the foregoing, wherever, in the judgment of the Building
Inspector, or other designated officer, a catastrophe such as fire,
flood, tornado, or other similar disaster occurs which causes a residential
structure to become unfit for human habitation, the Building Inspector
shall have the power and right to issue a temporary operating permit
so that a house trailer may be placed on the land for a period not
to exceed 12 months from the date of its issuance. Any extension beyond
said twelve-month period shall require Board approval in accordance
with the procedures outlined above.
[10-29-2018 by Ord. No.
2018-29]
Recognizing that certain uses, activities, buildings and structures
are necessary to serve the needs and convenience of the Township and,
at the same time, recognizing that such uses may be or become inimical
to the public health, safety and general welfare if located and operated
without proper consideration being given to existing conditions and
character of the surrounding area, such uses are hereby designated
as conditional uses. In addition to other powers conferred by this
chapter and applicable statutes, the approving authority shall have
original jurisdiction for the granting of a conditional use under
the terms and conditions established by this chapter, under the following
stipulations and guiding principles:
a.
The use for which application is being made is specifically authorized as a conditional use in § 23-3.
b.
The design, arrangement and nature of the particular use is such
that the public health, safety and welfare will be protected and reasonable
consideration is afforded to the:
1.
Character of the neighborhood.
2.
Conservation of property values.
3.
Health and safety of residents, and workers on adjacent properties
and in the surrounding neighborhood.
4.
Potential congestion of vehicle traffic or creation of undue hazard.
5.
Stated principles and objectives of this chapter and the Master Plan
of the Township.
a.
Public utility uses, such as water filtration plants, sewerage disposal
plants, pumping stations, high voltage transmission lines and towers,
electric substations, telephone exchanges and repeater stations, but
no service or storage yards, subject to the following:
1.
Proof is furnished that the proposed installation in the specific
location is necessary for the efficiency of the public utility system
and that the satisfactory and convenient provisions of service to
the neighborhood or area in which the facility is to be located.
2.
The design of any building or structure required for such use conforms
to the general character of the area in which it is located.
3.
Adequate fencing and landscaping will be provided, maintained and
replaced as required.
4.
The lot on which located is sufficient in size to adequately accommodate
the proposed facility together with any parking space required to
serve the facility without any of the structural portions of the use
or parking facilities being closer than 25 feet to adjacent properties.
b.
Churches and similar places of worship and rectories or parish houses
or convents of religious groups on the same tract, subject to the
following:
1.
In addition to the material required for the application as specified in Subsection 23-5.3, the application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material to guarantee to the satisfaction of the approving authority the following:
(a)
The organization is, or will be, a bona fide nonprofit religious
group organized purely for the benefit of its membership, and such
other activities normally carried on by religious groups.
(b)
The organization will not engage in sales of products or materials
to the general public or otherwise engage in activities normally carried
on as a business or commercial activity, except that the premises
may be made available on a rental basis for meetings of other groups,
private social functions and the like; seasonal outdoor events such
as fairs and the like shall be exempt from the above section.
2.
The area of the lot on which the proposed use is to be located shall
have a minimum area of three acres and a minimum width of 150 feet.
3.
The coverage of the lot by structures and buildings will not exceed
20%.
4.
No building will be located within 60 feet of a street line nor within
50 feet of a side or rear property line.
5.
Off-street parking space shall be provided at a rate of one space
for each six seats in the church building and one for each four seats
in any other form of meeting room space.
(a)
Such parking space shall not be located within the front yard
area nor within 30 feet of a property line and shall otherwise comply
with all general requirements of this chapter concerning parking areas.
In addition, landscape plantings shall be provided in sufficient quantity
and locations to preclude the transmission of headlight glare or other
lighting to adjacent properties and to preclude view of the parking
area from a public street.
6.
One sign may be permitted, which may be illuminated by non-flashing
light. Such signs shall not be located within 10 feet of a street
or property line nor in any manner which would create a hazard. Such
sign shall not exceed 20 square feet on either of two sides.
c.
Public schools and private schools and institutions of higher learning
operated by charitable, religious or eleemosynary organizations, which
are not conducted as a business, subject to the following:
1.
The site area is five acres, plus one additional acre for every 100
pupils or portion thereof of maximum capacity.
2.
The lot coverage does not exceed 15%.
3.
No building is located within 100 feet of a street or property line.
4.
Sufficient off-street parking space shall be provided to ensure that
the use will not cause parking in a public street during the course
of normal educational programs.
5.
Martial arts studios, gymnastic schools, fitness centers, dance studios,
performing arts centers, art schools and the like shall be deemed
not to be included in this section as a conditional use.
d.
Special needs schools, as defined in this chapter, and located within
the B-1 District only, subject to the following:
1.
The site area is one acre, plus one additional acre for every 100
pupils or portion thereof of maximum student enrollment.
2.
The building coverage does not exceed 30%.
3.
The building setbacks to conform to the requirements of the B-1 Zone.
4.
Sufficient off-street parking space shall be provided to ensure that
the use will not cause parking in a public street during the course
of normal educational programs.
5.
Martial arts studios, gymnastic schools, fitness centers, dance studios,
performing arts centers, art schools and the like shall be deemed
not to be included in this section as a conditional use.
6.
Public schools and private, parochial, and charitable educational
institutions and the like that are not approved by the State of New
Jersey Department of Education exclusively for children with disabilities
shall be deemed not to be included in this section as a conditional
use.
7.
Wherever this use abuts a residence zone, a fifteen-foot-wide buffer
area, as defined in this chapter, shall be provided adjacent to the
residence zone boundary or adjacent to any residential property or
use. Such buffer area shall be suitably planted and maintained with
landscape materials of such species and sizes, in a manner approved
by the approving authority, as will preclude any detrimental effect
upon the adjacent residence zone or adjacent residential property
or use.
8.
The special needs school is the principal use on the subject property.
e.
"Motor vehicle service establishments" shall mean the following:
1.
Business, properties and structures in conjunction with the process
of:
(a)
Sales and dispensing of motor vehicle fuels, sales of products
associated with motor vehicles repair of motor vehicles subject to
the following:
(1)
A minimum lot area of 15,000 square feet shall be provided,
together with a minimum lot width of 100 feet. In addition, if the
land use board finds that the nature of the particular use proposed,
either by virtue of scale, intensity of use, hazard, or other such
considerations, is such that a larger site is in the public interest,
then it shall impose such additional requirements.
(2)
Such lot shall be located within the following limitations:
(4)
All fuel tanks or other such containers for the storage of flammable
materials, either liquid or solid, shall be installed underground
at sufficient depth to ensure against hazard of fire or explosion.
(5)
Parking facilities shall be maintained as follows:
(i)
Two square feet of space for each square foot of
floor area in the primary building.
(ii)
Where such parking areas abut a residential zone,
or adjacent residential property, they shall be screened by a buffer
area not less than 10 feet in width composed of densely planted evergreen
shrubbery, solid fencing or a combination of both which, in the opinion
of the Land Use Board, will be adequate to prevent the transmission
of headlight glare across the zone boundary line. Such buffer screen
shall have a minimum height of five feet above finished grade at the
highest point of the parking area. The materials used shall be in
keeping with the character of the adjacent residential area.
(iii)
Driveways to parking area shall be limited to
two for each 100 feet of frontage. Such driveways shall not be less
than 12 feet nor more than 25 feet in width.
(iv)
No area on the lot which is required for the movement
of vehicles in and about the buildings and facilities shall be used
for complying with the parking requirements of this section.
(6)
Signs erected in conjunction with the use shall be limited as
follows:
(i)
One freestanding identification sign which does
not exceed 40 square feet on any one side nor 20 feet in height. Such
sign may be illuminated, but illumination shall be from within and
be nonflashing. Light-emitting diode (LED) signs shall be permitted.
Such signs may be located in the front yard area but shall not be
closer than 10 feet to a street line.
(ii)
Two signs may be mounted on the front facade of
the building, provided that the total area of such signs does not
exceed 20% of the area of the front facade, including window and door
area.
(iii)
Temporary signs advertising sales, premiums and
other such temporary activities may be mounted on the window or door
surfaces of the structures provided that the total of such signs at
any one time does not exceed 20 square feet.
(iv)
The commercial use of flags or the use of windmills,
banners, flashing or animated signs is prohibited, other than for
a period of seven days from the date of opening of a new establishment.
(7)
Accessory goods for sale may be displayed out of doors on the
pump island end and the building island only and shall be stored in
a suitable rack or container.
(8)
Canopies, if provided, shall be allowed to be lighted for safety;
any signs located on the canopy shall not exceed 5% of the canopy
facade. Canopies shall not exceed 18 feet in height. Kiosks, if provided,
shall be located under the canopy.
(b)
Dispensing of motor vehicle fuels only, incidental sales of
products associated with motor vehicles, which does not include the
installation or repair of those products:
(1)
A minimum lot area of 10,000 square feet shall be provided,
together with a minimum lot width of 100 feet. In addition, if the
Land Use Board finds that the nature of the particular use proposed,
either by virtue of scale, intensity of use, hazard, or other such
considerations, is such that a larger site is in the public interest,
then it shall impose such additional requirements.
(2)
Such lot shall be located within the following limitations:
(3)
Yard requirements, which are applicable to all pumps, mechanical
equipment and other appliances in addition to the main structure are
as follows:
(4)
All fuel tanks or other such containers for the storage of flammable
materials, either liquid or solid, shall be installed underground
at sufficient depth to ensure against hazard of fire or explosion.
(5)
Parking facilities shall be maintained as follows:
(i)
A minimum of five spaces shall be provided to employees
and support staff only.
[a]
There shall not be any overnight parking or the
keeping, storing or maintaining of any vehicles at any time on the
premises.
(ii)
Where such parking areas abut a residential zone,
or adjacent residential property, they shall be screened by a buffer
area not less than 10 feet in width composed of densely planted evergreen
shrubbery, solid fencing or a combination of both which, in the opinion
of the Planning Board, will be adequate to prevent the transmission
of headlight glare across the zone boundary line. Such buffer screen
shall have a minimum height of five feet above finished grade at the
highest point of the parking area. The materials used shall be in
keeping with the character of the adjacent residential area.
(iii)
Driveways to parking area shall be limited to
two for each 100 feet of frontage. Such driveways shall not be less
than 12 feet nor more than 25 feet in width.
(iv)
No area on the lot which is required for the movement
of vehicles in and about the buildings and facilities shall be used
for complying with the parking requirements of this section.
(6)
Signs erected in conjunction with the use shall be limited as
follows:
(i)
One freestanding identification sign which does
not exceed 40 square feet on any one side nor 20 feet in height. LED
signs shall be permitted. Such sign may be illuminated, but illumination
shall be from within and be nonflashing. Such signs may be located
in the front yard area but shall not be closer than 10 feet to a street
or property line.
(ii)
Signs may be mounted on the front facade of the
canopy, provided that the total area of such signs does not exceed
20% of the area of the front facade of the canopy.
(iii)
Temporary signs advertising sales, premiums and
other such temporary activities may be mounted on the window or door
surfaces of the structures, provided that the total of such signs
at any one time does not exceed 20 square feet.
(iv)
The commercial use of flags or the use of windmills,
banners, flashing or animated signs is prohibited, other than for
a period of seven days from the date of opening of a new establishment.
(7)
Accessory goods for sale may be displayed out of doors on the
pump islands and under the canopy only and shall be stored in a suitable
rack or container.
(8)
Canopies, if provided, shall be allowed to be lighted for safety;
any signs located on the canopy shall not exceed 5% of the canopy
facade. Canopies, if provided, shall not exceed 18 feet in height.
Kiosks, if provided, shall be located under the canopy.
(c)
Dispensing of motor vehicle fuels in conjunction with retail
sales not incidental to sales of products associated with motor vehicles,
service and repair, which does not include the installation or repair
of those products.
(1)
A minimum lot area of 10,000 square feet shall be provided,
together with a minimum lot width of 100 feet. In addition, if the
approving authority finds that the nature of the particular use proposed,
either by virtue of scale, intensity of use, hazard, or other such
considerations, is such that a larger site is in the public interest,
then it shall impose such additional requirements.
(2)
Such lot shall be located within the following limitations:
(4)
All fuel tanks or other such containers for the storage of flammable
materials, either liquid or solid, shall be installed underground
at sufficient depth to ensure against hazard of fire or explosion.
(5)
Parking facilities shall be maintained as follows:
(i)
One space for each 200 square feet of gross floor
area in the retail space.
[a]
A minimum of five spaces shall be provided to employees and support staff only [these spaces shall not be included in the calculation of the spaces used for the retail use as calculated in Subsection 23-5.2e1(a) above.]
[b]
There shall not be any overnight parking or the keeping, storing
or maintaining of any vehicles at anytime on the premises.
(ii)
Where such parking areas abut a residential zone,
or adjacent residential property, they shall be screened by a buffer
area not less than 10 feet in width composed of densely planted evergreen
shrubbery, solid fencing or a combination of both, which, in the opinion
of the Land Use Board, will be adequate to prevent the transmission
of headlight glare across the zone boundary line. Such buffer screen
shall have a minimum height of five feet above finished grade at the
highest point of the parking area. The materials used shall be in
keeping with the character of the adjacent residential area.
(iii)
Driveways to parking area shall be limited to
two for each 100 feet of frontage. Such driveways shall not be less
than 12 feet nor more than 25 feet in width.
(iv)
No area on the lot which is required for the movement
of vehicles in and about the buildings and facilities shall be used
for complying with the parking requirements of this section.
(6)
Signs erected in conjunction with the use shall be limited as
follows:
(i)
One freestanding identification sign which does
not exceed 40 square feet on any one side nor 20 feet in height. LED
signs shall be permitted. Such signs may be illuminated but illumination
shall be from within and be nonflashing. Such signs may be located
in the front yard area but shall not be closer than 10 feet to a street
line.
(ii)
Signs may be mounted on the facades of the building,
provided that the total area of such signs does not exceed 20% of
the area of the front facade, including window and door area.
(iii)
Temporary signs advertising sales, premiums and
other such temporary activities may be mounted on the window or door
surfaces of the structures, provided that the total of such signs
at any one time does not exceed 20 square feet.
(iv)
The commercial use of flags or the use of windmills,
banners, flashing or animated signs is prohibited only than for a
period of seven days from the date of opening of a new establishment.
(7)
Accessory goods for sale may be displayed out of doors on the
pump island end and the building island only and shall be stored in
a suitable rack or container.
(8)
Canopies, if provided, shall be allowed to be lighted for safety;
any signs located on the canopy shall not exceed 5% of the canopy
facade. Canopies, if provided, shall not exceed 18 feet in height.
Kiosks, if provided, shall be located under the canopy.
f.
Buildings operated by chartered membership organizations for the
benefit of the public and not for profit may be permitted in R-1,
R-2, R-3, R-3A, B-1, B-1A, B-2, and B-3 Zones, subject to the following:
1.
In addition to the material required for the application as specified in Subsection 23-5.3, the application shall be accompanied by the existing or proposed certificate of incorporation and bylaws of the existing organization. Such material shall guarantee, to the satisfaction of the Planning Board, the following:
(a)
The organization is, or will be, a bona fide nonprofit group
organized solely for the benefit and enjoyment of its members, who
shall be primarily residents of Scotch Plains and the surrounding
communities.
(b)
The use will not involve the sale or consumption of liquor or
alcoholic beverages in any form unless the approving authority specifically
finds that such sales or consumption will not be detrimental to the
character of the area and the safety and welfare of the public.
(c)
The organization will not engage in sales of products or materials
to the general public or otherwise engage in activities normally carried
on as a business or commercial activity, except that:
(1)
The sale of products or materials will be allowed where its
purpose is to finance the activities of the organization; or
(2)
That the premises may be made available on a rental basis for
meetings of other groups, private social functions and the like.
(i)
The maximum membership and guest limit of the organization
is fixed at a level which is commensurate with the scale of facilities
to be provided. Overnight accommodations shall be permitted in connection
with social events and in case of emergencies.
(d)
The hours of use are fixed in a manner in which the property
rights of nearby property owners will not be adversely affected.
2.
The proposed use is located on an arterial, primary or secondary
street as established by the Township Master Plan.
4.
The coverage of the lot by structures will not exceed 20%.
6.
Off-street parking space shall be provided at a rate of one parking
space for each four memberships over the age of 17. Such parking space
shall not be located within 30 feet of a property or street line and
shall otherwise comply with all general requirements of this chapter
concerning parking areas. In addition, at least four-feet-high landscape
plantings shall be provided in sufficient quantity and locations and
maintained and replaced as required to preclude the transmission of
headlight glare or other lighting to adjacent property.
g.
(Reserved)
h.
(Reserved)
[10-29-2018 by Ord. No.
2018-29]
Except as otherwise provided in this chapter, the lawful use
of land or buildings existing at the date of the adoption of this
chapter may be continued although such use of building does not conform
to the regulations specified by this chapter for the zone in which
such land or building is located; provided, however:
a.
That no nonconforming lot shall be further reduced in size.
b.
That no nonconforming building shall be enlarged, extended or increased
unless such enlargements would tend to reduce the degree of nonconformance
except that single-family residences in residential zones may be enlarged,
providing that such enlargement shall not encroach beyond the existing
building lines of any existing principal structure New conforming
single-family dwellings shall be permitted as long as all of the requirements
of Subsection 23-3.4A Schedule of Yard, Lot and Building Regulations,[1] are met for the zone in which they are located.
[1]
Editor's Note: The Schedule of Yard, Lot and Building Regulations
is on file in the office of the Township Clerk.
c.
That no nonconforming use may be expanded.
Any nonconforming use or structure existing at the time of the
passage of this chapter may be continued upon the lot or in the structure
so occupied, and any such structure may be restored or repaired in
the event of partial destruction thereof. Nothing in this chapter
shall prevent the strengthening or restoring to a safe condition any
wall, floor or roof which has been declared unsafe by the Building
Inspector.
No nonconforming use shall, if once changed into a conforming
use, be changed back again to a nonconforming use.
A nonconforming building may be remodeled but not enlarged or
extended, unless said building is changed to a building conforming
or more nearly conforming to the requirements of this chapter, except
that single family residences in residential zones may be enlarged,
providing that the enlargement conforms in every respect to this zoning
chapter. New conforming single-family dwellings shall be permitted
as long as all of the requirements of Subsection 23-3.4A, Schedule
of Yard, Lot and Building Regulations,[1] are met for the zone in which they are located.
[1]
Editor's Note: The Schedule of Yard, Lot and Building Regulations
is on file in the office of the Township Clerk.
a.
Wherever the boundaries of a zone shall be changed so as to transfer
an area from one zone to another of a different classification, the
foregoing provisions shall also apply to any nonconforming uses existing
therein or created thereby.
b.
Notwithstanding anything herein to the contrary, all those portions of Chapter 23, commonly known as the "Zoning Ordinance of the Township of Scotch Plains," and all supplements, additions and amendments thereto not specifically amended, deleted or modified by the within chapter shall remain in full force and effect.
[10-29-2018 by Ord. No.
2018-29]
It is the intent of this section to control the size, placement, and location of signs located throughout the Township of Scotch Plains, to promote the aesthetic and visual appearance of the community, to further the small-town character of the Township, to enhance economic viability by providing businesses with effective and efficient opportunities for identification, and to improve and protect pedestrian and motorist safety. This section amends the Township of Scotch Plains Subsection 23-3.4C, Schedule of Sign Regulations, revised, ordinance supplemented 10/01 within the Township of Scotch Plains Land Use and Development Ordinances current to March 25, 2003. If there is any discrepancy between either the Subsection 23-3.4C and/or other sign regulations within the Township of Scotch Plains Land Use and Development Ordinances current to March 25, 2003, this § 23-7, Signs, shall be deemed to be the ruling authority.
As used in this section, the following terms shall have the
meanings indicated:
A freestanding sign that communicates a commercial or noncommercial
message related to an activity conducted, a service rendered or a
commodity sold at a location other than where the sign is located.
A sign with a message visible on both sides of a support
structure.
The total wall surface, including door and window area, of
a building's face. In computing sign area, only one face, the face
fronting on the roadway, can be used as the principal face.
A fixed sign attached to a wall of the principal building.
A self-supporting sign on one or two poles, standards or
any other base anchored to the ground and in a fixed location not
attached to any building, wall or fence and with the bottom of the
sign placed to allow sufficient traffic safety visibility.
A fixed self-supporting sign on one or two supports mounted
on the ground with the bottom of the sign at ground level.
"LED" stands for "light-emitting diodes," which are semiconductors
that emit a single wavelength of light when charged with an electric
current.
[Added 12-11-2018 by Ord.
No. 2018-38]
Any device, structure or object, either constructed, applied
or painted, for visual communications that is used for the purpose
of bringing the subject thereof to the attention of others. See Subsection
23-1.103.
The area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by the projected, enclosed, four-sided (straight sides) geometric shape, which most closely outlines the said sign. See Subsection 23-1.8.
Any sign which shall be used to advertise and identify the business or activity conducted on the premises where the sign is located. See Subsection 23-1.8.
Any sign, banner, pendent, valance, sandwich ("A") sign, advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light material intended to be displayed for a nonpermanent period. See the General Municipal Ordinance, Fine Section, in conjunction with Subsection 23-1.5 for the schedule of fines for noncompliance.
a.
The following provisions apply generally to all signage:
1.
Signs shall not be erected or maintained except in conformity with
the provisions of this section.
2.
No permanent or temporary sign shall be constructed or displayed
unless a sign erection permit has been obtained from the construction
official except for those signs exempt as per the Uniform Construction
Code.
3.
In all zone districts, no commercial sign shall be permitted which
is not accessory to the business conducted on the property.
4.
This section does not prohibit any signage based solely on the content
of the signage message. Noncommercial speech, such as political speech
or religious speech, is allowed in all residential and commercial
zones at a maximum sign area of 16 square feet on a side.
5.
Any political sign that is protected under the free speech provisions
of the United States and New Jersey Constitutions shall be permitted
in any zoning district, provided that it is not located within a public
right-of-way. Any sign sponsored by a political party and connected
to an election event shall be a maximum of six square feet and removed
within two weeks after the date of the political event.
6.
No sign shall be placed in such a position that it will cause confusion
or danger to street traffic by obscuring the view or by simulating
official, directional or warning signs maintained by any governmental
body, railroad or public utility concerned with the protection of
the public health or safety. This shall include, but not be limited
to, any sign visible from the public right-of-way which uses an arrow
device or simulates a stop sign or stoplight.
7.
All signs shall be placed in a location which will allow sufficient
reaction time for drivers on the adjacent roads to safely enter and
exit the site.
8.
No sign of any type shall be attached to trees, fence posts, stumps,
utility poles, bridges, rocks or like features not considered to be
advertising structures on public property.
9.
All billboard signs are prohibited. Much of the Township of Scotch
Plains is residential in nature, and in those areas, billboards would
detract from the small-town residential neighborhoods. In the commercial
areas, billboards would detract from the economic link of the signage
necessary for the Township businesses and along the highway, in addition,
would create unnecessary distractions and burden traffic safety.
10.
Rotating signs, live-action signs, signs with an electronic display,
flashing or intermittent illuminated signs are prohibited.
11.
Noncommercial banners, containing a message or not, are prohibited,
unless specifically authorized by the governing body for a special
public event.
12.
Official signs erected or required by the federal government, the
State of New Jersey or any of its agencies, and any county or municipality
of the state shall be exempt from the regulations in this section
to the extent that governmental requirement conflicts with the requirements
of this section.
13.
Official flags of the United States, the State of New Jersey, Union
County and the Township of Scotch Plains shall be permitted in all
of the zone districts.
14.
No sign shall be erected within or over the right-of-way of any street
or highway unless specifically authorized by NJDOT and/or this chapter
or other ordinances of the Township or Union County.
15.
The setback of a sign shall be measured to the nearest part of the
sign, including any base, frame, or decorative elements.
16.
Any sign that is or shall become dangerous or unsafe in any manner
whatsoever, or any sign erected hereafter contrary to the provisions
of this section shall be repaired, made safe, and otherwise restored
to its original condition in conformity with this section or shall
be taken down and removed by the owner, lease, agent or occupant of
the building, property or land upon which it is placed or to which
it is attached.
17.
Signs for houses of worship, public schools and private nonprofit
schools and institutions of higher learning shall permit an illuminated
ground sign, or an illuminated facade sign. The permitted illumination
shall be shielded and nonflashing. Any ground sign shall be located
at least 10 feet from any street right-of-way or property line, shall
not exceed five feet in height. One side of the ground sign shall
count toward total signage. The total maximum of signage on site (not
including parking and/or directional signs) shall not exceed 32 square
feet on either side. See Subsection 23-5.2b6.
18.
Signs for lawfully permitted nonprofit chartered membership organizations,
farms, public buildings, playgrounds, golf clubs and the offices of
charitable organizations shall be facade signs of a maximum of 200
square feet of sign area or 10% of the building facade and 5% of a
secondary facade, whichever is less. Facade signs shall consist of
individual noninternally illuminated letters, mounted directly on
the building facade. The signage letters can be illuminated only by
indirect shielded, nonflashing light. Ground signs are also permitted
of a maximum size of 32 square feet on either side.
19.
The following regulations pertain to permitted LED signs:
[Added 12-11-2018 by Ord.
No. 2018-38]
(a)
LED signs shall only be permitted in conjunction with Section 23-5.2, Permitted Conditional Uses, Subsections b, c, and f, in all P, Public, and Residential Zones for those specified uses, including for scoreboards associated with athletic facilities, which scoreboards can permit audio capabilities; and for motor vehicle fuel dispensing as outlined in Subsection 23-5.2e, exclusively for pricing.
(b)
LED signs shall be specifically prohibited in all other zones.
(c)
Each LED sign shall be located at least 10 feet from the property
line.
(d)
Each LED sign shall be on a lot with at least 100 feet of street
frontage.
(e)
Each LED sign shall have the provision for self-reducing light
illumination.
(f)
Each LED sign shall only be operable between hours of 6:00 a.m.
and 10:00 p.m., except in the case of emergency declared by the Scotch
Plains Police Department or the Director of Emergency Management.
It is recommended that such LED signs be able to be powered remotely
in a case of an emergency. In such a case of the aforementioned declared
emergency, the LED signs may be permitted to operate for a longer
period.
(g)
Each LED sign shall contain a maximum letter/numeral size, which
shall be no larger than 12 inches in height.
(h)
LED signs shall have no animation nor scrolling messages.
(i)
Each LED sign shall only provide three messages per minute.
(j)
All LED signs shall have the ability to operate in an emergency
situation, such as alerts, amber, silver, etc., in order to provide
for the general safety of the community and residents of the Township
of Scotch Plains.
(k)
All LED signs shall be approved with the Scotch Plains Police
Department for safety and to avoid any traffic impediments.
The following provisions apply generally to residential signage.
a.
A residential nameplate sign is permitted in all zones for residential
uses. The nameplate sign shall have a maximum sign area of one square
foot, must include the house number and cannot be illuminated. Note:
the house number sign area is excluded from the maximum sign area
and must be at least four inches in height and readable at a distance
of 50 feet.
b.
Residential professional office signs (home occupation) are allowed
within the R-2, R-3, R-3A Zones at a maximum of two square feet, with
a setback of 10 feet from the front property line. One sign is permitted
per lot, and it must be nonilluminated.
a.
Total maximum sign area:
1.
Within the B-1, B1-A, and B-2 Zoning Districts, a total maximum sign
area of 10% of the front facade of the principal building is permitted.
2.
Within the B-3 Zoning District, a total maximum sign area of 20%
of the front facade of the principal building is permitted, with attached
retail as an exception.
3.
Within the M-1 and M-2 Zoning Districts, a total maximum sign area
of 5% of the front facade of the principal building but not greater
than 40 square feet for every 100 linear feet of front facade frontage
is permitted.
b.
The components of a freestanding ground and facade sign shall consist
of materials and colors in conformance with and/or compatible with
the primary structure and the design standards implemented by the
Architectural Review Committee of the Planning Board.
c.
An illuminated signs shall be either indirectly lighted or of the
diffused lighting type, unless illuminated by an interior source or
shielded exterior light. No sign may use electronic displays, neon,
mirrors, or flashing or intermittent illumination. All illuminated
signs must be shielded to prevent glare or blinding effects upon motor
vehicle traffic or light spillage upon a neighboring property.
e.
Both sides of any freestanding sign shall be considered part of the
of total signage area.
f.
Signs not exceeding two square feet in area, on either side, may
be used for driveway entrances, exits or for warning and directional
purposes, provided the signs do not contain any advertising for the
use of the premises and may only be internally lit.
a.
Freestanding signs are permitted within all nonresidential zones and in conjunction with the gas stations in the B-1 B-2, B-3, and M-1 Zones. See Subsection 23-7.11, Conditional Uses.
b.
Freestanding signs are part of the maximum total signage area on
lots with the approved minimum lot width.
c.
A maximum of one freestanding sign is permitted for each property.
d.
Total freestanding sign area within the B-3 Zone shall not exceed
32 square feet per side, and both sides shall be considered part of
the maximum total signage of 20% of the building facade. Within the
B-3 Zone, the height of any freestanding sign shall be a maximum of
15 feet, with the bottom of the sign five feet above grade.
e.
Total freestanding sign area within the B-1 and B-2 Zones shall not
exceed 16 square feet per side and both sides shall be considered
part of the maximum total sign area percentage of the front principal
building facade. The height in the above zones shall be a maximum
of six feet, with the bottom of the sign a minimum of two feet above
grade. The traffic safety section of the Police Department must approve
the sign location.
f.
Total freestanding sign area within the B-1A, M-1 and M-2 Zone shall
not exceed 24 square feet per side, and both sides shall be considered
part of the maximum total sign area percentage of the front principal
building facade. The height in the above zones shall be a maximum
of six feet with the bottom of the sign a minimum of two feet above
grade. The traffic safety section of the Police Department must approve
the sign location.
g.
Gas station signs within the B-2, B-3, and M-1 Zones shall be a maximum of 20 feet high. See Subsection 23-7.12.
h.
All freestanding signs, if illuminated, shall be illuminated by a
nonflashing light.
i.
All signage locations adjacent to the state highway must be approved
by the NJDOT as to the appropriate right-of-way setback. Neither the
sign support nor any sign projection can overhang the recommended
NJDOT right-of-way line, and the freestanding sign support must be
located at a ten-foot minimum setback from the right-of-way.
j.
Business name lettering on freestanding signs along the state highway
shall be a minimum of eight inches high but not more than one foot
high.
k.
"Malls," defined as attached, multiple, side-by-side unit retail
of more than two retail establishments, are permitted one freestanding
sign not to exceed 50 square feet on each side with both sides computed
into the maximum total signage area of the mall. The maximum total
signage area of a mall is 25% of the building facade.
a.
"For sale or lease signs" are commercial for sale signs and are permitted
in the B-1, B-1A, B-2, B-3, M-1 and M-2 Zones.
b.
The maximum for sale or lease sign area is 20 square feet.
c.
For sale or lease signs may not be located closer than the front
yard setback of the zone district or 15 feet, whichever is less.
d.
For sale or lease signs may not be illuminated.
e.
One for sale or lease sign is permitted per lot.
f.
For further information on residential for sale signs, see Real Estate
Signs, Subsection 23-3.4b1.
a.
Facade signs are permitted within the B-1, B-1A, B-2, B-3, M-1, M-2,
P, SC-1, SC-2 Zones.
b.
Facade signs are part of the maximum total signage area.
1.
Within the B-1, B-1A, B-2, SC-1 and SC-2 Zones, the maximum total
signage area of 10% of the front principal building facade is permitted.
2.
Within the B-3 Zone, a maximum total signage area of 20% of the front
principal building facade is permitted.
3.
Within the M-1 and M-2 Zones, a maximum total sign area of 5% of
the front principal building facade is permitted.
c.
A first-floor business may use only the first-floor facade area when
calculating total signage.
d.
A business within a mall must use the front facade of that business
only.
e.
If a secondary facade frontage exists, such as on a corner lot or
a back entrance from a parking lot, a secondary facade sign is permitted
of a maximum of 5% of the secondary business facade.
f.
Facade signs may be illumined, but only by a nonflashing light. See Subsection 23-7.3, General Regulations.
g.
No facade sign shall extend further than 12 inches from the face
of the building upon which it is attached.
h.
Facade signs shall include the business street number.
i.
For awnings with writing, pictures, logos, the area that includes
the writing, pictures and logos shall be considered sign area and
as such is part of the total signage.
a.
Ground signs are permitted within the B-1 B-2 and the B-3 Zones.
In the SC-1, SC-2 and in the ML-1 and ML-2 Zones, ground signs are
permitted to identify major permitted housing projects. Ground signs
are allowed in conjunction with the following approved conditional
uses: houses of worship, public schools, private nonprofit schools
and institutions of higher learning, nonprofit chartered membership
organizations, farms, public buildings, playgrounds, golf clubs and
offices of charitable organizations. See Subsections 23-7.3a17 and
23-7.3a18.
b.
Within the B-2 Zone, a maximum total signage area of 10% of the front
principal building facade is permitted.
c.
Within the B-3 Zone, a maximum total signage area of 20% of the front
principal building facade is permitted.
d.
Two project identification ground signs are allowed within the SC-1,
SC-2, ML-1 and the ML-2 Zones with a maximum signage area of 24 square
feet per side, a maximum height of six feet and a setback of 10 feet.
See Subsection 23-3.16b8. See Subsection 23-3.8Ab4 for signs permitted
within the R-3B Zone.
e.
Ground signs are allowed only where the principal building is set
back at least 10 feet from the property line within the B-2 and B-3
Zones.
f.
A ground sign can be a double-sided sign with a maximum sign area
for one side of 18 square feet and a maximum height of six feet above
the ground within the B-3 Zone.
g.
A first-floor business shall use only the first-floor facade area
when calculating total signage.
h.
Ground signs may be illuminated, but only by a nonflashing light.
i.
No ground sign shall be placed in such a position that it will cause
confusion or danger to street traffic by obscuring the view. The traffic
safety section of the Police Department must approve the sign location.
a.
Residential and commercial development signs are permitted up to
a maximum of 32 square feet within the R-1, R-2, R-2A, R-2B, R-2C,
R-3, R-3A, B-1, B-1A, B-2, B-3, M-1 and M-2 Zones.
b.
Residential and commercial development signs may not be located closer
than 10 feet to the property line.
c.
Residential and commercial development signs may not be illuminated.
d.
All residential and commercial development signs must be removed
when the last certificate of occupancy of the development is issued.
Public zone signs are permitted in the P Zone.
a.
The total freestanding sign area within the B-2, B-3 and M-1 Zones
shall not exceed 40 square feet per side, and both sides shall not
be considered part of maximum total signage area of 20% of the building
facade.
b.
Two facade signs may be mounted on the front facade of the building,
provided that the total area of such signs does not exceed 20% of
the area of the front facade, including window and door area.
c.
Two temporary advertising signs are permitted mounted to doors and
windows, provided that the total area of such signs does not exceed
20% of the area of the front facade, including window and door area.
d.
All signage on gas pump canopies shall be included in the maximum
total signage area of 20% of the building facade.
[10-29-2018 by Ord. No.
2018-29; amended 12-11-2018 by Ord. No. 2018-35]
a.
In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27D-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH's) adoption of rules.
b.
Pursuant to P.L. 2008, c.46, Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a court-approved spending plan may retain fees collected from nonresidential development.
c.
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c.46, Sections 8 and 32-38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:93-8.[1]
[1]
Editor's Note: The provisions of N.J.A.C. 5:98-8 expired 10-16-2016.
The following terms, as used in this section, shall have the
following meanings:
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
The entity that has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state pursuant to the Supreme Court decision
issued in Mount Laurel IV on March 10, 2015.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.[1]
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
[1]
Editor's Note: The provisions of N.J.A.C. 5:98-8 expired 10-16-2016.
a.
Imposed fees.
1.
Within all zoning district(s), residential developers, except for
developers of the types of development specifically exempted below,
shall pay a fee of 1.5% of the equalized assessed value for residential
development, provided no increased density is permitted.
2.
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5)
(known as a "d" variance) has been permitted, developers may be required
to pay a development fee of 6% of the equalized assessed value for
each additional unit that may be realized. However, if the zoning
on a site has changed during the two-year period preceding the filing
of such a variance application, the base density for the purposes
of calculating the bonus development fee shall be the highest density
permitted by right during the two-year period preceding the filing
of the variance application.
3.
Example: If an approval allows four units to be constructed on a
site that was zoned for two units, the fees could equal 1 1/2%
of the equalized assessed value on the first two units; and the specified
higher percentage up to 6% of the equalized assessed value for the
two additional units, provided zoning on the site has not changed
during the two-year period preceding the filing of such a variance
application.
b.
Eligible exactions, ineligible exactions and exemptions for residential
development.
1.
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality, and developments where the developer has made a
payment in lieu of on-site construction of affordable units shall
be exempt from development fees.
2.
Developments that have received preliminary or final site plan approval
prior to the adoption of a municipal development fee ordinance shall
be exempt from development fees, unless the developer seeks a substantial
change in the approval. Where a site plan approval does not apply,
a zoning and/or building permit shall be synonymous with preliminary
or final site plan approval for this purpose. The fee percentage shall
be vested on the date that the building permit is issued.
3.
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
4.
Developers of residential structures demolished and replaced as a
result of a fire, flood or natural disaster shall be exempt from paying
a development fee.
a.
Imposed fees.
1.
Within all zoning districts, nonresidential developers, except for
developers of the types of development specifically exempted, shall
pay a fee equal to 2.5% of the equalized assessed value of the land
and improvements, for all new nonresidential construction on an unimproved
lot or lots.
2.
Nonresidential developers, except for developers of the types of
development specifically exempted, shall also pay a fee equal to 2.5%
of the increase in equalized assessed value resulting from any additions
to existing structures to be used for nonresidential purposes.
3.
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e., land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this subsection results in a negative number, the nonresidential
development fee shall be zero.
b.
Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
1.
The nonresidential portion of a mixed-use inclusionary or market-rate
development shall be subject to the 2.5% development fee, unless otherwise
exempted below.
2.
The 2.5% fee shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
3.
Nonresidential developments shall be exempt from the payment of nonresidential
development fees in accordance with the exemptions required pursuant
to P.L. 2008, c.46, as specified in the Form N-RDF "State of New Jersey
Nonresidential Development Certification/Exemption" form. Any exemption
claimed by a developer shall be substantiated by that developer.
4.
A developer of a nonresidential development exempted from the nonresidential
development fee pursuant to P.L.2008, c.46, shall be subject to it
at such time the basis for the exemption no longer applies, and shall
make the payment of the nonresidential development fee, in that event,
within three years after that event or after the issuance of the final
certificate of occupancy of the nonresidential development, whichever
is later.
5.
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Township of Scotch Plains as a lien against
the real property of the owner.
a.
Upon the granting of a preliminary, final or other applicable approval
for a development, the applicable approving authority shall direct
its staff to notify the Zoning Officer official responsible for coordinating
with the State Construction Office for the issuance of a building
permit.
b.
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Nonresidential
Development Certification/Exemption," to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
c.
The construction official responsible for the issuance of a building
permit shall notify the local Tax Assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
d.
Within 90 days of receipt of that notice, the municipal Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
e.
The construction official responsible for the issuance of a final
certificate of occupancy notifies the local Assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
f.
Within 10 business days of a request for the scheduling of a final
inspection, the municipal Assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development;
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
g.
Should the Township of Scotch Plains fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b. of Section 37 of P.L. 2008, c.46 (N.J.S.A. 40:55D-8.6).
h.
Fifty percent of the development fee shall be collected at the time
of issuance of the building permit. The remaining portion shall be
collected at the issuance of the certificate of occupancy. The developer
shall be responsible paying the difference between the fee calculated
at building permit and that determined at issuance of certificate
of occupancy.
i.
Appeal of development fees.
1.
A developer may challenge residential development fees imposed by
filing a challenge with the County Board of Taxation. Pending a review
and determination by the Board, collected fees shall be placed in
an interest-bearing escrow account by the Township of Scotch Plains.
Appeals from a determination of the Board may be made to the tax court
in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
2.
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by the Township of
Scotch Plains. Appeals from a determination of the Director may be
made to the tax court in accordance with the provisions of the State
Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days
after the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
a.
A development fee ordinance creating a dedicated revenue source for
affordable housing was adopted by the Township on December 23, 2008,
by way of Ordinance No. 30-2008; and subsequently amended on July
6, 2010, by Ordinance No. 10-2010. Said Development Fee Ordinance
established the Township's Affordable Housing Trust Fund. All development
fees and interest generated by the fees are deposited in a separate
interest-bearing Affordable Housing Trust Fund at Investor's Bank,
located at 437 Park Ave, in Scotch Plains Township, for the purposes
of affordable housing. These funds shall be spent in accordance with
N.J.A.C. 5:93-8.16[1] as described in the sections that follow and is to be
maintained by the Chief Financial Officer.
[1]
Editor's Note: The provisions of N.J.A.C. 5:98-8 expired 10-16-2016.
b.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
1.
Payments in lieu of on-site construction of affordable units;
2.
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
3.
Rental income from municipally operated units;
4.
Repayments from affordable housing program loans;
5.
Recapture funds;
6.
Proceeds from the sale of affordable units; and
7.
Any other funds collected in connection with the Township of Scotch
Plains's affordable housing program.
c.
The Township of Scotch Plains shall provide the court with written
authorization, in the form of a three-party escrow agreement between
the municipality, Investor's Bank, and a court-approved entity to
permit the court to direct the disbursement of the funds as provided
for in N.J.A.C. 5:93-8.19 and 8.20.
d.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by the court.
a.
The expenditure of all funds shall conform to a spending plan approved
by the court. Funds deposited in the housing trust fund may be used
for any activity approved by the court to address the Township of
Scotch Plains's fair share obligation and may be set up as a grant
or revolving loan program. Such activities include, but are not limited
to: preservation or purchase of housing for the purpose of maintaining
or implementing affordability controls, rehabilitation, new construction
of affordable housing units and related costs, accessory apartment,
market to affordable, conversion of existing nonresidential buildings
to create new affordable units, green building strategies designed
to be cost-saving, and in accordance with accepted national or state
standards, purchase of land for affordable housing, improvement of
land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:93-8.16[1] and specified in the approved spending plan.
[1]
Editor's Note: The provisions of N.J.A.C. 5:98-8 expired 10-16-2016.
b.
Funds shall not be expended to reimburse the Township of Scotch Plains
for past housing activities.
c.
At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
1.
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, and assistance with emergency repairs.
2.
Affordability assistance to households earning 30% or less of median
income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
3.
Payments in lieu of constructing affordable units on site and funds
from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
d.
The Township of Scotch Plains may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:93-8.16.
e.
No more than 20% of all revenues collected from development fees,
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or action are not eligible uses of
the affordable housing trust fund.
The Township of Scotch Plains shall complete and return to the
court all monitoring forms included in monitoring requirements related
to the collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier-free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with the Township
of Scotch Plains's housing program, as well as to the expenditure
of revenues and implementation of the plan certified by the court.
All monitoring reports shall be completed on forms designed by the
court.
The ability for the Township of Scotch Plains to impose, collect
and expend development fees shall expire with its substantive certification
unless the Township of Scotch Plains has filed an adopted Housing
Element and Fair Share Plan with the court, has petitioned for substantive
certification, and has received the court's approval of its development
fee ordinance. If the Township of Scotch Plains fails to renew its
ability to impose and collect development fees prior to the expiration
of substantive certification, it may be subject to forfeiture of any
or all funds remaining within its municipal trust fund. Any funds
so forfeited shall be deposited into the New Jersey Affordable Housing
Trust Fund established pursuant to Section 20 of P.L. 1985, c.222
(N.J.S.A. 52:27D-320). The Township of Scotch Plains shall not impose
a residential development fee on a development that receives preliminary
or final site plan approval after the expiration of its substantive
certification or judgment of compliance, nor shall the Township of
Scotch Plains retroactively impose a development fee on such a development.
[Added 12-11-2018 by Ord.
No. 2018-40]
[Amended 3-5-2019 by Ord.
No. 2019-1]
Block 12001, Lots 4, 5, 6, 7 and 24, have been designated as
the "Parker Greenhouse Redevelopment Area Zone District" pursuant
to a Redevelopment Plan entitled "Parker Gardens Redevelopment Plan
(Block 12001, Lots 4, 5, 6, 7 and 24)," a complete copy of which is
on file in the office of the Township Clerk.
a.
Block 12001, Lots 4, 5, 6, 7 and 24, shall be redeveloped with an
inclusionary multifamily residential development which will consist
of five buildings containing 181 garden apartment units; and seven
buildings containing 47 townhouses, for a combined total of 228 units,
inclusive of 34 affordable units (the "Project" or the "Redevelopment
Project").
1.
Pursuant to § 7.a.iii. of the Fair Share Housing Center
(FSHC) Settlement Agreement:
|
"As a material condition of this Agreement, SP Reserve agrees
to dedicate and donate to the municipality a portion of the Parker
Property, to be utilized by the municipality for recreational and/or
open space purposes. The portion of the property to be dedicated consists
of Block 12001, Lot 24, comprising approximately .350 acres, and a
portion of Block 12001, Lots 4, 5, 6, and 7, comprising approximately
2.55 ± acres, as shown on the two parcels "To Be Dedicated
To Scotch Plains Twp." on the attached Exhibit D, the Concept Plan.
Prior to the dedication and donation, SP Reserve shall environmentally
remediate the land to standards appropriate to allow for the use as
a park. The timing of the dedication shall be set forth in the Redevelopment
Agreement to be entered between the parties."
|
2.
Therefore, Block 12001, Lot 24, shall be dedicated to the Township
and preserved as open space, and a portion of Block 12001, Lot 4,
comprising approximately 2.55 ± acres, shall be dedicated to
the Township and used as athletic fields, as detailed in Exhibit 1
of the redevelopment plan.[1] It is the recommendation of the redevelopment plan that
the two aforementioned areas be rezoned to C-Conservation and P-Public,
respectively, and added to the Township's ROSI (Registered Open Space
Inventory).
[1]
Editor's Note: Exhibit 1 is on file in the office of the Township
Clerk.
3.
In order to facilitate the dedication of the 2.55± acre parcel
to the Township along with the creation of the necessary access easement,
Lots 4, 5, 6 and 7 shall first be consolidated. After the consolidation,
the 2.55± acre parcel (the "recreation portion") to be dedicated
to the Township shall be subdivided off the newly consolidated parcel
along the subdivision line depicted in Exhibit 1 of the redevelopment
plan.
4.
The redeveloper shall execute and file with the Union County Recorder
of Deeds a dedication of the recreation portion and an access easement
along the access driveway (the "access driveway") in favor of the
Township, upon completion of the rough grading of the recreation portion
and the parking area, and paving of the access driveway up to the
property line of the recreation portion, to the satisfaction of the
Township Engineer, but in no event less than the issuance of the first
certificate of occupancy.
5.
The redeveloper shall provide a lot consolidation plan and minor
subdivision plan as part of the preliminary site plan application
to the Planning Board. The access easement shall be depicted on the
site plan drawings. All of the bulk standards in the redevelopment
plan are in reference to the new lot boundaries which will be created
by the consolidation of Lots 4, 5, 6, and 7, and the subsequent subdivision
to create the 2.55± acre parcel. Lot numbers can only be assigned
by the Tax Assessor, and therefore the redevelopment plan will refer
to the new consolidated lot, less the 2.55± acre parcel to
be dedicated to the Township, as "Proposed Lot A," and the 2.55±
acre parcel as "Proposed Lot B."
b.
Permitted uses in the Parker Gardens Redevelopment Area – Proposed
Lot A (Portion of Lot 4 and Lots 5, 6 and 7).
1.
Permitted principal uses. Inclusionary multifamily residential development
consisting of 228 units, inclusive of an on-site inclusionary affordable
housing family rental component of 15% or a maximum of 34 units in
accordance with the FSHC Settlement Agreement dated January 15, 2018
(the "project"). The project shall be comprised of 181 garden apartments
located in five buildings, and 47 townhouses located in seven buildings.
2.
Permitted accessory uses.
(a)
Common outdoor public and private spaces, decks and terraces;
(b)
Active and passive recreation facilities;
(c)
Surface parking to support the inclusionary project;
(d)
Maintenance facilities and on-site supervisor quarters;
(e)
Gardens, hardscape patio areas, landscape features;
(f)
Green building techniques and green roofs;
(g)
Solar canopy array or roof-mounted systems;
(h)
Stormwater management/flood storage systems; and
(i)
Signage.
c.
Permitted uses in the Parker Gardens Redevelopment Area – Proposed
Lot B (2.55± acre portion of Lot 4 to be dedicated to the Township
of Scotch Plains).
e.
The following bulk standards are based upon the new lot boundaries
which will be created by the consolidation of Lots 4, 5, 6 and 7,
and the removal of the 2.55± acre parcel to be dedicated to
the Township, via subdivision, into Proposed Lot A.
1.
Bulk requirements for the Parker Gardens Redevelopment Area Proposed
Lot A (Portion of Lot 4 and Lots 5, 6 and 7).
(a)
Density of development. The project shall have a maximum density
of 228 units, inclusive of 34 affordable family rental units, with
no three-bedroom or greater market-rate units.
|
Description
|
Requirement
|
|---|---|
|
Building A
|
5 two-bedroom townhouses
|
|
Building B
|
6 two-bedroom townhouses
|
|
Building C
|
8 two-bedroom townhouses
|
|
Building D
|
7 two-bedroom townhouses
|
|
Building E
|
7 two-bedroom townhouses
|
|
Building F
|
7 two-bedroom townhouses
|
|
Building G
|
7 two-bedroom townhouses
|
|
Building H
|
32 apartments
|
|
Building I
|
29 apartments
|
|
Building J
|
32 apartments
|
|
Building K
|
44 apartments
|
|
Building L
|
44 apartments
|
(b)
Lot requirements.
|
Description
|
Requirement
|
|---|---|
|
Minimum lot area
|
10 acres
|
|
Minimum lot width
|
560 feet
|
|
Minimum lot depth
|
625 feet
|
|
Minimum number of buildings
|
12
|
|
Maximum building coverage
|
35%
|
|
Maximum impervious lot coverage
|
70%
|
|
Minimum central open space and passive recreation area
|
Approximately 30,000 square feet
|
(c)
Building height.
|
Description
|
Requirement
|
|---|---|
|
Maximum building height: clubhouse (feet)1
|
30 feet
|
|
Maximum building height: clubhouse (Stories)
|
2 stories
|
|
Maximum building height: townhouse buildings (A, B, C, D, E,
F and G) (feet)
|
45 and 35 feet2
|
|
Maximum building height: townhouse buildings (A, B, C, D, E,
F and G) (stories)
|
3 and 2 1/2 stories2
|
|
Maximum building height: apartment buildings (H, I and J) (feet)1
|
41 feet
|
|
Maximum building height: apartment buildings (H, I and J) (stories)
|
3 stories
|
|
Maximum building height: apartment buildings (K and L) (feet)3
|
53 feet
|
|
Maximum building height: (K and I) (stories)
|
4 stories
|
|
NOTES:
| |
|---|---|
|
1
|
The height of the building shall be measured from the proposed
grade at parking structure/garage to midpoint of roof.
|
|
2
|
The townhouse building shall be a maximum permitted height of
three stories and 45 feet as measured from the rear (garage side)
of the townhouses and as measured to the peak of the roof. The townhouse
buildings shall have the appearance of 2 1/2 stories and a maximum
building height of 35 feet as measured from Terrill Road or the interior
of the project that is not a garage side or side elevation of the
townhouse. The subsequent rows of townhouse buildings which do not
front on Terrill Road may be a maximum of three stories and 45 feet
as measured to the peak of the roof.
|
|
3
|
The height of the building shall be measured from proposed grade
at parking structure/garage to the top of the roof.
|
(d)
Townhouse requirements.
|
Description
|
Requirement
(feet)
|
|---|---|
|
Minimum townhouse unit width
|
18
|
|
Minimum townhouse unit length
|
38
|
(e)
Apartment building dimensions. [NOTE: It is understood that
the concept plans attached to the redevelopment plan are conceptual
in nature and that the dimensions of the buildings may change as the
plans are further developed and refined. The final dimensions of the
building are subject to Planning Board approval.]
|
Description
|
Dimension
(feet)
|
|---|---|
|
Building H
|
213 × 78
|
|
Building I
|
179 × 78
|
|
Building J
|
213 × 78
|
|
Building K
|
213 × 78
|
|
Building L
|
213 × 78
|
(f)
Principal building setbacks and requirements.
|
Description
|
Setback Distance
(feet)
|
|---|---|
|
Minimum front yard setback
|
50 feet
|
|
Minimum rear yard setback
|
115 feet
|
|
Minimum eastern side yard setback
|
15 feet
|
|
Minimum western side yard setback
|
50 feet
|
|
Minimum distance between predominant garage faces of buildings
|
45 feet
|
|
Minimum distance between sides of buildings
|
25 feet
|
|
Minimum distance between predominant garage faces of buildings
and sides of buildings
|
30 feet
|
(g)
Parking requirements.
|
Description
|
Requirement
|
|---|---|
|
Minimum number of off-street car parking spaces
|
RSIS1
|
|
Minimum side yard setback of any driveway, aisle of parking
area
|
15 feet
|
|
Minimum rear yard setback of any driveway, aisle of parking
area
|
60 feet
|
|
Minimum number of garages, building H
|
9
|
|
Minimum number of garages, building I
|
9
|
|
Minimum number of garages, building J
|
12
|
|
Minimum number of garages, building K
|
12
|
|
Minimum number of garages, building L
|
12
|
|
NOTES:
| |
|---|---|
|
1
|
Required visitor parking RSIS townhouse requirements may be
addressed through shared parking located on the parking lot affiliated
with the 2.55-acre dedicated property.
|
(h)
Purely decorative roof appurtenances, such as decorative lanterns,
chimneys, cupolas, parapets, among others, shall not increase the
building height by greater than 10%.
(i)
Architectural features and appurtenances such as bays, fire
features, porch entrances, balconies, covered entranceways, door surrounds,
decks, porticos, patios or pediments may extend a maximum of four
feet into a building setback.
(j)
Basements, lofts, and attics shall not count towards the calculation
of the number of stories.
a.
Parking and traffic circulation standards.
1.
Parking and traffic circulation standards, Proposed Lot A
(a)
The redeveloper shall provide a traffic study to the satisfaction
of the Planning Board Engineer.
(b)
All required off-street parking and loading spaces shall be
provided on-site, except required visitor parking. RSIS townhouse
requirements may be addressed through shared parking located on the
parking lot affiliated with the 2.55-acre dedicated property identified
as the "recreation portion" subject to scheduling, maintenance and
related items, to be addressed as part of the site plan application
before the Planning Board. The Planning Board will cooperate with
the redeveloper in this process.
(c)
All ground-level parking under the apartment buildings shall
be fully enclosed garages within the building with openings that are
constructed with brick, stone or HardiePlank® siding or similar approved material.
(d)
Parking areas shall include a minimum of two electric car charging
stations.
(e)
Surface parking shall be permitted to support the inclusionary
residential development but shall not be the sole source of on-site
parking. The layout and circulation of the surface parking shall be
substantially consistent with the plans in Exhibit 1,[1] subject to Planning Board approval.
[1]
Editor's Note: Exhibit 1 is on file in the office of the Township
Clerk.
(f)
The required number of parking spaces and stall dimensions,
nine feet by 18 feet, shall conform to residential site improvement
standards.
(g)
A traffic circulation plan shall be provided, depicting turning
radius of emergency vehicle routes through the site. No truck circulation
routes shall interfere with any permitted on-street parking spaces
or driveways.
(h)
All parking spaces, loading spaces, fire lanes and circulation
routes shall be striped and signed in accordance with the Manual on
Uniform Traffic Control Devices (MUTCD). All such striping and signage
shall be depicted on the traffic circulation plan.
(i)
All driveways and parking spaces located on the residential
property shall be maintained by the owner of the residential project.
(j)
The project shall have two ingress/egress driveways which shall
have a minimum of 24 feet wide. The location of the driveways off
of Terrill Road and their dimensions shall be substantially consistent
with Exhibit 1.
(k)
The northernmost driveway, located next to adjacent Lot 3, shall
include an access easement to the 2.55± acre municipal parcel,
substantially consistent with Exhibit 1.
(l)
Driveways shall not be located closer than 15 feet to a side
property line.
(m)
Parking areas shall not be located closer than 60 feet to the
rear property line.
2.
Parking and traffic circulation standards, Proposed Lot B.
(a)
All off-street parking for Proposed Lot B shall be located on-site.
(b)
Proposed Lot B shall be accessed via an access easement located
on Proposed Lot A, substantially consistent with Exhibit 1.
(c)
All parking spaces, loading spaces, fire lanes and circulation
routes shall be striped and signed in accordance with the Manual on
Uniform Traffic Control Devices (MUTCD).
b.
Project design standards and conditions.
1.
Project design standards and conditions, Proposed Lot A.
(a)
The use of green building technologies is strongly encouraged
to be incorporated into all aspects of the project design. Green building
(also known as "green construction" or "sustainable building") is
the practice of creating structures and using processes that are environmentally
responsible and resource-efficient throughout a building's life cycle,
from siting to design, construction, operation, maintenance, renovation
and demolition.
(b)
Upon the demolition of any existing building or structure, in
whole or in part, the site shall be properly graded and stabilized
unless new construction is to commence on the new site within 60 days.
(c)
Three-bedroom or greater market-rate units are prohibited.
(d)
Location and area of amenities. The inclusionary multifamily
residential development shall contain a minimum of approximately 2,925
feet clubhouse, which includes a large community room that is adequate
to host small social gatherings, rental office, marketing office and
model apartment. There shall be an approximately 4,600 feet pool and
deck area located behind the clubhouse. Additionally, the redeveloper
shall provide the infrastructure for residents to participate in passive
recreation on the site. This entails the creation of a network of
walking paths which should be at least six feet wide. This network
should include paths within the interior of the development. The paths
should be constructed with benches and bump outs where practicable,
subject to Planning Board approval.
(e)
The project shall include stormwater/flood management systems
which include, but are not limited to, flood storage, stormwater detention
basins, basin overflow areas, culverts, etc., and shall be designed
and constructed to the appropriate standards.
(f)
Adequate facilities shall be provided for the handling of garbage
and other refuse by providing and maintaining an enclosed and maintained
area either within or separate from the buildings within which all
garbage and refuse containers shall be stored, subject to Planning
Board approval.
(g)
A comprehensive landscape plan shall be prepared by a licensed
landscape architect. All areas of the site not covered by buildings,
pavement, walkways and other permissible impervious surfaces shall
contain landscape plantings. The use of perennial and native species
is encouraged.
(h)
All mechanical equipment, generators, HVAC equipment and similar
equipment shall be specified to meet the applicable residential sound
standards, and if they are not specified, the equipment shall be acoustically
buffered such that any noise generated by the equipment shall be within
the applicable residential sound standards as defined by the State
of New Jersey.
(i)
All nonresidential mechanical equipment shall be screened from
view, both from the street and existing or planned neighboring buildings.
Said screening shall be constructed in a manner that is consistent
with the architecture of the building, and shall utilize the same
materials used in the construction of the building, such that the
screening appears to be an integral part of the building. The screening
shall not impair the functioning of the equipment.
(j)
The redeveloper shall construct and obtain certificates of occupancy
for those buildings containing the affordable units, specifically
buildings K and L as shown on the concept plan in Exhibit 1,[2] in accordance with UHAC.
[2]
Editor's Note: Exhibit 1 is on file in the office of the Township
Clerk.
(k)
Signs associated with the residential project shall be addressed
during preliminary and final site plan approval. Dimensions, colors
and other sign characteristics shall be subject to Planning Board
approval.
2.
Project design standards and conditions, Proposed Lot B.
(a)
The redeveloper shall environmentally remediate the land to
standards appropriate to allow for the use as a park prior to the
dedication of land to the Township.
(b)
The redeveloper shall execute and file with the Union County
Recorder of Deeds a dedication of the recreation portion and an access
easement along the access driveway in favor of the Township, upon
completion of the rough grading of the recreation portion and parking
area, and paving of the access driveway up to the property line of
the recreation portion, to the satisfaction of the Township Engineer.
The redeveloper shall offer the recreation portion and access driveway
to the Township by not later than the issuance of the 77th certificate
of occupancy for the project. Failure by the Township to accept the
recreation portion and access driveway shall not prevent the issuance
of the remaining certificates of occupancy for the remainder of the
residential units comprising the project. The redeveloper shall provide
a lot consolidation plan and minor subdivision plan as part of the
preliminary site plan application to the Planning Board. The access
easement shall be depicted on the site plan drawings.
c.
Building and architectural design standards and programming, Proposed
Lot A.
1.
The seven townhouse buildings and five garden apartment buildings
shall be constructed with the same building materials and to the same
degree of architectural elements and design. It is encouraged that
they look as similar as possible.
2.
Architectural townhouse building elevation: Exhibit 6 ("Exhibit 6")
of the redevelopment plan represents a typical architectural building
elevation for the townhouse buildings fronting on Terrill Road in
the Parker Gardens Redevelopment Project. The building elevation shall
be typical for all four sides of the townhouse buildings to be constructed
on Proposed Lot A. The building elevation shall be consistent with
the concept renderings included in Exhibit 6. All building elevations
are required to be built to the same building construction standards
and aesthetics, using the same building materials.
3.
Architectural apartment building elevation: Exhibit 6 to the redevelopment
plan represents a typical architectural building elevation for the
apartment buildings K and L in the Parker Gardens Redevelopment Project.
Buildings K and L shall be the only four-story buildings in the project;
however, the other apartment buildings, buildings H through J, shall
be three stories, but shall have the same design characteristics.
This building elevation shall be typical for all four sides of the
apartment buildings. The building elevations shall be consistent with
the concept renderings included in Exhibit 6. All building elevations
are required to be built to the same building construction standards
and aesthetics, using the same building materials. The architectural
design of the buildings shall include a mix of brick, stone or HardiePlank® siding or similar approved material.
d.
Open space, landscaping and amenities, Proposed Lot A.
1.
There shall be a centrally located open space and passive/active
recreation area. This area shall be a minimum of approximately 30,000
feet. This area shall be located in the center of the project between
buildings H, I, J, L and the pool area.
2.
The Redevelopment Project shall include walking paths for passive
recreation. It is encouraged that the walking path network be continuous
to avoid a "dead-end" effect. The walking path should be six feet
wide in order to accommodate two-way traffic, particularly strollers,
wheelchairs and bicycles. These paths shall have benches, bump outs,
or areas to rest off of the path to the extent practicable.
3.
All recreational facilities, whether active or passive in nature,
shall be constructed to blend in with the natural environment and
should be unobtrusive to the extent possible.
4.
Landscaping shall be provided throughout the Redevelopment Project
to create definition or separation of different areas of the development,
shade, visual interest, seasonal color, and visual buffering.
5.
The inclusionary multifamily residential development shall contain
a minimum of approximately 2,925 feet clubhouse, which includes a
large community room that is adequate to host small social gatherings,
rental office, marketing office, model units.
6.
The clubhouse may include maintenance facilities.
7.
The project shall include an approximately 4,600 feet pool and deck
area amenity for residents which shall be located behind the clubhouse.
8.
The project shall include plantings between the side and rear setback
lines and the property lines. All screen plantings shall be evergreen
and species with proven resistance to the urban environment. Screen
plantings shall be a minimum of three feet in height. Material shall
be planted, balled and burlapped, or in containers, and be of specimen
quality as established by the American Association of Nurserymen.
9.
All plants, trees, and shrubs shall be installed in accordance with
a planting and maintenance schedule which shall be indicated on required
planting plans prepared by a licensed landscape architect.
e.
Redevelopment area phasing plan. The phasing of the land dedications
to the Township and the residential project as outlined in the redevelopment
plan shall be further addressed in the redevelopment agreement.
f.
Utilities.
1.
All new electric, telephone, television, cable, gas, and other utility
service lines servicing the buildings shall be installed underground,
to the extent such underground service is commercially reasonable,
available and permitted by the applicable utilities companies, and
in all events shall be installed in accordance with the prevailing
standards and practices of the respective utility or other companies
providing such services.
2.
All utility connection permits and road opening permits shall be
obtained from the respective utility authority prior to the start
of the construction. All municipal roadways damaged by the redevelopment
of the site shall be restored and/or repaved as directed by the Scotch
Plains Township Engineer.
g.
Traffic study and related improvements. The redeveloper shall provide
a traffic study for the proposed residential development at the time
of the site plan hearing before the Planning Board that shall address
the traffic impact of the proposed development on the Township's traffic
circulation and roadways, as well as access to the site in accordance
with the Township, residential site improvement standards, and New
Jersey Department of Transportation regulations.
h.
Provisions related to affordable housing. Pending the approval by
the Superior Court of New Jersey, Union County and the Special Master,
the following terms regarding the affordable housing set-aside component
of the residential project on Proposed Lot A shall be adhered to:
1.
The redeveloper shall have the obligation to deed restrict 15% of
the residential units in the inclusionary development as very-low-,
low- and moderate-income affordable units, which will be 34 affordable
units. All such affordable units shall comply with UHAC regulations,
applicable COAH affordable housing regulations, the pending approval
of the Township's current affordable housing obligations set forth
in the settlement agreement by and between the Township and Fair Share
Housing Center, any applicable orders of the Court, and other applicable
laws.
2.
Deed restriction period. Pursuant to UHAC, the developer shall have
an obligation to deed restrict the affordable units in the inclusionary
development as very-low-, low- or moderate-income affordable units
for a period of at least 30 years from the date of the initial occupancy
of each affordable unit (the "deed restriction period") until the
Township of Scotch Plains takes action to release the controls on
affordability, so that the Township may count each affordable unit
against its obligation to provide family rental affordable housing.
The parties agree that the affordability controls shall not expire
until such time at least 30 years from the date of initial occupancy,
that the Township takes action to release the controls on affordability,
and thereafter the affordability controls shall continue in effect
until the date on which the individual affordable rental unit shall
become vacant, provided that the occupant household continues to earn
a gross annual income of less than 80% of the applicable median income.
See N.J.A.C. 5:80-26.11(b). If, at any time after the release of the
affordability controls by the Township, a rental household's income
is found to exceed 80% of the regional median income, the rental rate
restriction shall expire at the later of either the next scheduled
lease renewal or 60 days. The term "family rental" in this redevelopment
plan means rental units that are not age-restricted.
3.
Deed restriction. The developer shall execute and record a deed restriction
for the affordable units before the first certificate of occupancy
is issued for the inclusionary development. The deed restriction will
be recorded in the Union County Clerk's office.
4.
Income distribution requirements. Thirteen percent of the total number
of the affordable rental units must be very-low-income units, 37 of
the total number of affordable rental units must be low-income units,
and the remaining 50% may be moderate-income units. The income distribution
shall be subject to approval by the Superior Court of Union County
and the Special Master.
5.
Bedroom mix. Pursuant to N.J.A.C. 5:80-26.3(b), the number of efficiency
and one-bedroom units is no greater than 20% of the total low- and
moderate-income units; at least 30% of all low- and moderate-income
units are two-bedroom units; and at least 20% of all low- and moderate-income
units are three-bedroom units. The bedroom distribution of the affordable
rental units in the inclusionary development shall be as follows:
6.
Other affordable unit housing requirements. The developer shall also
comply with all of the other requirements of UHAC and the Township's
Affordable Housing Ordinance,[3] including, but not limited to, affirmative marketing requirements,
candidate qualification screening requirements; integrating the affordable
units among the market-rate units in buildings K and L; and unit phasing
requirements. The developer shall reasonably disperse the affordable
units within the proposed residential buildings K and L on the property,
and shall provide the exact location of each affordable unit at the
time of site plan application, which shall be subject to review and
approval by the Township's Planner and Special Master.
7.
Administrative agent. The developer shall contract with a qualified
and experienced third-party administrative agent, which may be the
Township's administrative agent (the "administrative agent") for the
administration of the affordable units and shall have the obligation
to pay all costs associated with properly deed restricting the affordable
units in accordance with the settlement agreement for the deed restriction
period. The developer and its administrative agent shall work with
the Township and the Township's administrative agent, should the developer's
administrative agent and the Township's administrative agent not be
one and the same, regarding any affordable housing monitoring requirements
approved by COAH or the Court. The developer shall provide, within
30 days after written notice, detailed information reasonable requested
by the Township or the Township's administrative agent, should the
developer's and the Township's administrative agent not be one and
the same, concerning the developer's compliance with UHAC, the Township's
Affordable Housing Ordinance, all applicable Court orders, and other
applicable laws.
i.
Redevelopment actions.
1.
Demolition. The redevelopment plan will involve the demolition of
the existing, remaining improvements on the project site. As part
of the demolition, all remains from the foundations of prior structures
need to be removed. It is the responsibility of the redeveloper to
remove all debris, including crushed concrete and garbage from the
site, regardless of whether the debris was on the site prior to the
start date of the project. The reuse of crushed concrete or other
materials may be acceptable and shall be addressed as part of the
site plan application.
2.
New construction. The redevelopment plan will involve the new construction
of seven townhouse buildings containing a total of 47 townhouse units
and five garden apartment buildings containing a total of 181 garden
apartments.
3.
Properties to be acquired. This redevelopment plan will not involve
the taking of any privately owned property.
4.
Relocation. No residents will need to be relocated to complete this
redevelopment plan.
j.
Relationship to Land Use and Zoning Ordinances.
1.
This redevelopment plan shall supersede all provisions of the Zoning
and Development Regulations of the Township of Scotch Plains regulating
development in the area addressed by this redevelopment plan. Final
adoption of this redevelopment plan by the Township Council shall
be considered an amendment of the Scotch Plains Zoning Map.[5]
[5]
Editor's Note: Said map is included as an attachment to this chapter.
2.
The Zoning District Map in the zoning ordinances of the Township
shall be amended to include the boundaries described in this redevelopment
plan and the provisions therein. All of the provisions of this redevelopment
plan shall supersede the applicable development regulations of the
Township's ordinances, as and where indicated, for the redevelopment
area. In the event of any inconsistencies between the provisions of
this redevelopment plan and any prior ordinance of the Township of
Scotch Plains, the provisions hereof shall be determined to govern.
[Added 3-5-2019 by Ord.
No. 2019-1]
Block 6201, Lots 13, 16.02, and a portion of the vacated Van
Orden right-of-way have been designated as the Jerusalem Road Redevelopment
Area Zone District pursuant to a redevelopment plan entitled "Jerusalem
Road Redevelopment Plan (Block 6201, Lots 13, 16.02 and a Portion
of the Vacated Van Orden Place Right-of-Way)," a complete copy of
which is on file in the office of the Township Clerk.
a.
Block 6201, Lots 13 and 16.02, shall be redeveloped with an inclusionary
multifamily residential development, which will consist of townhouses,
stacked townhouses, and apartments, for a combined total of 47 units,
inclusive of nine affordable units (the "project").
1.
It is the intention of the redevelopment plan that the residential
units be for sale. However, in the event that the market changes,
the redeveloper must retain the option to rent the market units. As
to the affordable units, the redeveloper will initially offer the
affordable units as for-sale units. In the event that an affordable
unit is not sold after good-faith efforts by the redeveloper in accordance
with all affordable housing regulations and marketing requirements,
then the redeveloper may offer to rent affordable units directly or
sell affordable units to an entity which owns and manages such affordable
units for the purpose of renting same to affordable renters. The redeveloper's
right to rent the affordable units, after good-faith effort to sell
same, shall be subject to the approval of the Township, which approval
shall not be unreasonably withheld. If the redeveloper cannot sell
either the market or affordable units after 10 months, the units (market
and/or affordable) may become rentals. However, in any case, the affordable
set aside shall remain 20%.
b.
Permitted uses in the Jerusalem Road redevelopment area.
1.
Permitted principal uses. Inclusionary multifamily residential development
consisting of 47 units, inclusive of an on-site inclusionary affordable
housing family for-sale component of 20%, rounded to nine affordable
units in accordance with a memorandum of understanding dated April
3, 2018. The development shall be comprised of 18 apartment units
located in a three-story building (two levels of apartments over parking),
two stacked townhouses (four units), and 25 townhouse units. [NOTE:
Without increasing the overall density, the redeveloper may increase
the number of apartments and possibly eliminate a townhouse or two
or design a stacked townhouse to provide two affordable units within
a townhouse building footprint. No stacked townhouses containing only
market-rate units shall be permitted.]
2.
Permitted accessory uses.
(a)
Common outdoor public or private spaces, patios, decks and terraces;
(b)
Active and passive recreation areas;
(c)
Surface and structured parking to support the inclusionary project;
(d)
Gardens, hardscape patio areas, landscape features;
(e)
Green building techniques and green roofs;
(f)
Solar canopy array or roof-mounted systems;
(g)
Stormwater management/flood-storage systems;
(h)
Signage; and
(i)
Public utility uses.
3.
Building, area and yard requirements.
(a)
The project shall have a maximum density of 47 units, inclusive
of nine affordable for-sale family units, with no three-bedroom or
greater market-rate units. The layout of the project shall be substantially
in conformance with the concept plan contained as part of the redevelopment
plan, subject to review by the Planning Board.
(b)
Minimum lot area: 2.5 acres.
(c)
Minimum lot width: 85 feet.
(d)
Minimum street frontage: 225 feet.
(e)
Maximum building coverage: 28%.
(f)
Maximum impervious lot coverage: 64%.
(j)
Principal and accessory building setbacks and requirements.
(1)
Minimum front yard setback: 24 feet.
(2)
Minimum one side yard setback: 7.5 feet.
(3)
Minimum total both side yard setbacks: 20 feet.
(4)
Minimum rear yard setback: 16 feet.
(5)
Minimum building distance from road: 17.5 feet.
(6)
Minimum distance between predominant face of buildings: 60 feet.
(7)
Minimum distance between front and rear corner of buildings:
50 feet.
(8)
Minimum distance between side and rear corner of buildings:
40 feet.
a.
Parking and traffic circulation standards.
1.
The redeveloper shall provide a traffic study to the satisfaction
of the Planning Board Engineer.
2.
All required off-street parking and loading spaces shall be provided
on-site.
3.
The ground-level parking under the apartment buildings shall include
a minimum of two electric car charging stations.
4.
Surface parking shall be permitted to support the inclusionary residential
development but shall not be the sole source of on-site parking. The
layout and circulation of the surface parking shall be substantially
consistent with the plans in Exhibit 1 of the redevelopment plan,[1] subject to Planning Board approval.
[1]
Editor's Note: Exhibit 1 is on file in the office of the Township
Clerk.
5.
The project shall meet the residential site improvement standards
(RSIS) for off-street parking requirements and driveway circulation.
6.
Each townhouse residential unit shall have at least a one-car garage
with a minimum driveway length of 18 feet.
7.
A traffic circulation plan shall be provided, depicting the turning
radius of emergency vehicle routes through the site. No truck circulation
routes shall interfere with any permitted on-street parking spaces
or driveways.
8.
Emergency vehicle access will be subject to review and approval by
the Township Fire Official.
9.
All parking spaces, loading spaces, fire lanes and circulation routes
shall be striped and signed in accordance with the Manual on Uniform
Traffic Control Devices (MUTCD). All such striping and signage shall
be depicted on the traffic circulation plan.
10.
Streetscape improvements, including but not limited to roadway
widening, sidewalks, street trees, curbing and stormwater management
collection systems, shall be installed along the redevelopment area's
entire frontage along Jerusalem Road, including the out parcel (Lot
15), to the satisfaction of the Planning Board Engineer.
11.
All driveways and parking spaces located on the property shall
be maintained by the owner of the residential project or by a homeowners'
association.
12.
The project shall have one egress/ingress driveway located off
of Jerusalem Road, and its dimensions shall be substantially consistent
with Exhibit 1 attached to the redevelopment plan.
13.
Direct driveway access from any residential building to Jerusalem
Road is prohibited.
14.
The project's traffic circulation and road design shall be substantially
consistent with the plans attached to the redevelopment plan as Exhibit
1.
15.
The redeveloper shall coordinate the construction of the road
improvements with the owner of Lot 15, Block 6201, to maintain continued
access during the construction of the project as well as upon completion
of the project. Access easements between the redeveloper and the owner
of Lot 15, Block 6201, shall be addressed at the time of site plan
approval before the Planning Board.
b.
Project design standards and conditions.
1.
It is strongly encouraged that green building technologies are incorporated
into all aspects of the project design. Green building (also known
as "green construction" or "sustainable building") is the practice
of creating structures and using processes that are environmentally
responsible and resource-efficient throughout a building's life cycle:
from siting to design, construction, operation, maintenance, renovation
and demolition.
2.
Upon demolition of any existing building or structure, in whole or
in part, the site shall be properly graded and stabilized unless new
construction is to commence on the same site within 60 days.
3.
An existing municipal storm sewer pipe bisects the property. The
redeveloper shall relocate and reconstruct this storm sewer pipe at
their own cost and expense, subject to Township review and approval.
The redeveloper shall be responsible for all engineering, design,
permitting, application fees, and construction costs to relocate the
storm sewer pipe subject to review and approval by the Township and/or
Planning Board Engineer.
4.
Three-bedroom or greater market-rate units are prohibited.
5.
Stacked townhouses containing only market-rate units are prohibited.
6.
The project shall include stormwater/flood management systems which
include, but are not limited to, flood storage, stormwater detention
basins, basin overflow areas, culverts, etc., which shall be designed
and constructed to the appropriate standards as required by the Township
of Scotch Plains Ordinances and applicable NJDEP Stormwater Rules.
7.
Adequate facilities shall be provided for the handling of garbage
and other refuse by providing and maintaining an enclosed and screened
area either within or separate from the buildings within which all
garbage and refuse containers shall be stored, subject to Planning
Board approval.
8.
A comprehensive landscape plan shall be prepared by a licensed landscape
architect. All areas of the site not covered by buildings, pavement,
walkways and other permissible impervious surfaces shall contain lawn
and/or landscape plantings. The use of perennial and native species
is encouraged.
9.
The project layout shall be substantially consistent with the layout
and dimensioning plan included in Exhibit 1 attached to the redevelopment
plan.[2] However, without increasing the overall density, the redeveloper
may increase the number of apartments, consistent with the range of
18 to 20 apartment units indicated in the memorandum of understanding
dated April 3, 2018, and possibly eliminate a townhouse or two or
design a stacked townhouse to provide two affordable units within
a townhouse building footprint.
[2]
Editor's Note: Exhibit 1 is on file in the office of the Township
Clerk.
10.
All mechanical equipment, generators, HVAC equipment and similar
equipment shall be specified to meet the applicable residential sound
standards, and if they are not specified, the equipment shall be acoustically
buffered such that any noise generated by the equipment shall be within
the applicable residential sound standards as defined by the State
of New Jersey.
11.
All mechanical equipment shall be screened from view, both from
the street and existing or planned neighboring buildings. Said screening
shall be constructed in a manner that is consistent with the architecture
of the building, and shall utilize the same materials used in the
construction of the building. The screening shall not impair the functioning
of the equipment.
12.
Signs associated with the residential project shall be addressed
during preliminary and final site plan approval. Dimensions, colors
and other sign characteristics shall be subject to Planning Board
approval.
13.
The redeveloper shall provide a clear and unencumbered title
to Block 601, Lots 13 and 16.02, inclusive of 14.01, which is listed
as an additional lot to Lot 16.02, and that portion of the vacated
Van Orden Place right-of-way as part of the preliminary site plan
application.
c.
Building and architectural design standards and programming.
1.
Similar building materials and architectural design shall be used
on all four building elevations of all buildings.
2.
All building types shall utilize building design, materials and colors
which complement each other in order to create a cohesive project.
3.
Vinyl siding shall not be used on any building elevation. The use
of a mixture of stone, brick, HardiePlank® (or approved equal) siding is encouraged.
4.
The parking on the first level of any podium building shall be enclosed
with either the same building materials as the main portion of the
building or by a combination of decorative half wall and decorative
wall.
5.
No more than two stories of horizontal siding shall be permitted
along any building elevation for any building type. The first floor
of the facade shall be brick, stone or other similar building materials.
6.
The final architectural design and building materials for all building
types are subject to Planning Board review and approval.
d.
Redevelopment area phasing plan. It is envisioned that the project
will be constructed in three phases. Phase I would involve the demolition
of the existing buildings and structures. Phase II would involve the
reconstruction of the storm sewer system as described in Subsection
23-9.2.3b3. Phase III would involve the construction of the residential
buildings and all associated amenities, as well as any additional
on-site, off-site and off-tract improvements as required pursuant
to the April 3, 2018, memorandum of understanding, the redevelopment
agreement and the redevelopment plan.
e.
Utilities.
1.
All new electric, telephone, cable, gas and other utility service
lines servicing the buildings shall be installed underground, to the
extent such underground service is commercially reasonable, available,
and permitted by the applicable utilities companies, and in all events
shall be installed in accordance with the prevailing standards and
practices of the respective utility or other companies providing such
services.
2.
All utility connection permits and road opening permits shall be
obtained from the respective utility authority prior to the start
of construction. All municipal roadways damaged by the redevelopment
of the site shall be restored and/or repaved as directed by the Township
Engineer.
3.
An existing municipal storm sewer pipe bisects the property. The
redeveloper shall relocate and reconstruct this storm sewer pipe at
their own cost, subject to Township review and approval. The redeveloper
shall be responsible for all engineering, design, permitting, application
fees and construction costs to relocate the storm sewer pipe, subject
to review and approval by the Township or Planning Board engineer.
The redeveloper shall provide a traffic study for the proposed
residential development at the time of the site plan hearing before
the Planning Board that shall address the traffic impact of the proposed
development on the Township's traffic circulation and roadways, as
well as access to the site in accordance with the Township, residential
site improvement standards (RSIS) and New Jersey Department of Transportation
(the "NJDOT") regulations.
a.
Subject to approval by the Superior Court of New Jersey of Union
County and the Special Master, the following terms regarding the affordable
housing set-aside component of the residential project shall be adhered
to:
1.
The redeveloper shall have the obligation to deed restrict 20% of
the residential units in the inclusionary development as very-low-,
low- and moderate-income affordable units, which will be nine affordable
units. All such affordable units shall comply with UHAC regulations,
COAH affordable housing regulations, any applicable orders of the
Court and other applicable laws.
2.
Deed restriction period. Pursuant to UHAC, the redeveloper shall
have an obligation to deed restrict the affordable units in the inclusionary
development as very-low-, low- or moderate-income affordable units
for a period of at least 30 years from the date of the initial occupancy
of each affordable unit (the "deed restriction period") until the
Township of Scotch Plains takes action to release the controls on
affordability, so that the Township may count each affordable unit
against its obligation to provide family for-sale affordable housing.
The affordability controls shall not expire until such time, at least
30 years from the date of initial occupancy, that the Township takes
action to release the controls on affordability. In the event that
the affordable units are rental units, the affordability controls
shall not expire until such time, at least 30 years from the date
of initial occupancy, that the Township takes action to release the
controls on affordability, and thereafter the affordability controls
shall continue in effect until the date on which the individual affordable
rental unit shall become vacant, provided that the occupant household
continues to earn a gross annual income of less than 80% of the applicable
median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the
release of the affordability controls by the Township, a rental household's
income is found to exceed 80% of the regional median income, the rental
rate restriction shall expire at the later of either the next scheduled
lease renewal or 60 days. The term "family for-sale" in the redevelopment
plan means for-sale units that are not age-restricted.
3.
Deed restriction. The redeveloper shall execute and record a deed
restriction for the affordable units before the first certificate
of occupancy is issued for the inclusionary development. The deed
restriction will be recorded in the Union County Clerk's Office.
4.
Income distribution requirements. Thirteen percent of the total number
of the affordable for-sale units must be very-low-income units, 37%
of the total number of affordable for-sale units must be low-income
units, and the remaining 50% may be moderate-income for-sale units.
The income distribution shall be subject to approval by the Superior
Court of Union County and the Special Master.
5.
Bedroom mix. Pursuant to N.J.A.C. 5:80-26.3(b), the number of efficiency
and one-bedroom units is no greater than 20% of the total low- and
moderate-income units; at least 30% of all low- and moderate-income
units are two-bedroom units; and at least 20% of all low- and moderate-income
units are three-bedroom units. The bedroom distribution of the affordable
for-sale units in the inclusionary development shall be as follows:
6.
Other affordable housing unit requirements. The redeveloper will
also comply with all of the other requirements of UHAC and the Township's
Affordable Housing Ordinance,[1] including, but not limited to, affirmative marketing requirements,
candidate qualification screening requirements, integrating the affordable
units amongst the market-rate units, and unit phasing requirements.
The redeveloper shall disperse the affordable units within the proposed
residential buildings on the property, and shall provide the exact
location of each affordable unit at the time of site plan application,
which shall be subject to review and approval by the Township's planner
and the Special Master.
7.
Administrative agent. The redeveloper shall contract with a qualified
and experienced third party administrative agent (the "administrative
agent") which may be the Township's administrative agent, for the
administration of the affordable units and shall have the obligation
to pay all costs associated with properly deed restricting the affordable
units as set forth herein for the deed restriction period. The redeveloper
and its administrative agent shall work with the Township and the
Township's administrative agent, should the redeveloper's and the
Township's administrative agent not be one and the same, regarding
any affordable housing monitoring requirements approved by COAH or
the courts. The redeveloper shall provide, within 30 days after written
notice, detailed information reasonably requested by the Township
or the Township's administrative agent, should the redeveloper's and
the Township's administrative agent not be one and the same, concerning
the redeveloper's compliance with UHAC, the Township's Affordable
Housing Ordinance, all applicable court orders, and other applicable
laws.
8.
The redeveloper shall construct and obtain certificates of occupancy
for those buildings containing the affordable units in accordance
with UHAC.
a.
Demolition. The redevelopment plan will involve the demolition of
the existing, remaining improvements on the project site. As a pert
of the demolition, all remains from the foundations or prior structures
must be removed. It is the responsibility of the redeveloper to remove
all debris, including crushed concrete and garbage, from the site,
regardless of whether the debris was on the site prior to the start
date of the project. The reuse of crushed concrete or other materials
may be acceptable and shall be addressed as part of the site plan
approval.
b.
New construction. The redevelopment plan will involve the new construction
of one apartment building, two stacked townhouses (four units) and
25 townhouses. [NOTE: Without increasing the overall density, the
redeveloper may increase the number of apartments, consistent with
the range of 18 to 20 apartment units indicated in the April 3, 2018,
memorandum of understanding agreement, and possibly eliminate a townhouse
or two or design a stacked townhouse to provide two affordable units
within a townhouse building footprint.]
c.
Properties to be acquired. The redevelopment plan will not involve
the taking of any privately owned property.
d.
Relocation. No residents will need to be relocated to complete the
redevelopment plan.
a.
This redevelopment plan shall supersede all provisions of the zoning
and development regulations of the Township of Scotch Plains, regulating
development in the area addressed by this redevelopment plan. Final
adoption of this redevelopment plan by the Township Council shall
be considered an amendment of the Scotch Plains Zoning Map.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
b.
The Zoning District Map in the zoning ordinances of the Township
shall be amended to include the boundaries described in this redevelopment
plan and the provisions therein. All of the provisions of this redevelopment
plan shall supersede the applicable development regulations of the
Township's ordinances, as and where indicated, for the redevelopment
area. In the event of any inconsistencies between the provisions of
this redevelopment plan and any prior ordinance of the Township of
Scotch Plains, the provisions hereof shall be determined to govern.
[Added 3-19-2019 by Ord.
No. 2019-3]
Block 4802, Lots 9, 10, 11 and 12, have been designated as the
"Bowcraft Amusement Park Redevelopment Area Zone District" pursuant
to a redevelopment plan entitled "Bowcraft Amusement Park Redevelopment
Plan (Block 4802, Lots 9, 10, 11 & 12)," a complete copy of which
is on file in the office of the Township Clerk.
Block 4802, Lots 9, 10, 11 and 12, shall be redeveloped with
an inclusionary multifamily residential development, which will consist
of 190 apartment units to be located in six buildings, and 10 townhouses,
for a combined total of 200 units, of which 35 will be affordable
(the "Bowcraft Redevelopment Project").
a.
Permitted principal uses.
1.
Inclusionary multifamily residential development consisting of 200
units, inclusive of an on-site inclusionary affordable housing family
rental component of 17.5% or a maximum of 35 units in accordance with
the Fair Share Housing Center Settlement Agreement dated January 15,
2018. The development shall be comprised of 190 apartment units which
are to be located in six buildings, and 10 townhouses. Planning Board
Resolution No. 16-02 entitled "Resolution in the Matter of the Application
of ATA Developers, Inc. for the Preliminary and Final Site Plan Approval,
with Variances for Minimum Number of Low/Moderate Income Units, Minimum
Building Distance Front to Front, Maximum Common Parking Area Distance
to Dwelling, Parking Space Distance from Access Road, Off-Street Parking
Spaces to be Provided On Townhouse Driveways, Fences, and Building
Height, for the Property Located at 2545 Route 22, Block 4802, Lots
9, 10, 11, and 12" approved the site plan for the Bowcraft Amusement
Park Redevelopment Area. Hence, other than for the requirement that
the redeveloper secure an amendment to Resolution 16-02 in order to
reduce the number of affordable housing units from 20% of the total
unit count to 17.5% of the total unit count, the redeveloper shall
have no obligation whatsoever to return to the Planning Board for
amended site plan approval.
b.
Permitted accessory uses.
1.
Common outdoor public or private spaces, decks and terraces;
2.
Active and passive recreation facilities;
3.
Surface parking to support the inclusionary project;
4.
Maintenance facilities;
5.
Gardens, hardscape patio areas, landscape features;
6.
Green building techniques and green roofs;
7.
Solar canopy array or roof-mounted systems;
8.
Stormwater management/flood storage systems;
9.
Signage; and
10.
Public utility uses.
a.
The project shall have a maximum density of 200 units, inclusive
of 35 affordable rental family units.
b.
Minimum lot area: 12.5 acres.
c.
Minimum number of residential buildings: eight.
d.
Maximum building coverage: 20%.
e.
Maximum impervious lot coverage (%): 50%.
f.
Minimum depth of buffer area: 20 feet.
g.
Maximum building height (stories): three. [NOTE: No building shall
contain more than three stories, nor shall any building exceed 52
feet in height, except that buildings erected on slopes may have an
additional story on the down slope, and an overall building height
not to exceed 62 feet.]
h.
Maximum building height (feet): 52. [NOTE: No building shall contain
more than three stories, nor shall any building exceed 52 feet in
height, except that buildings erected on slopes may have an additional
story on the down slope, and an overall building height not to exceed
62 feet.]
i.
Minimum distance between buildings:
1.
Windowless wall to windowless wall: 30 feet.
2.
Window wall to windowless wall: 20 feet.
4.
Rear to rear: 50 feet.
(a)
End to end: 30 feet.
(b)
Building face to local street curbface or EOP: 47 feet.
(c)
Building face to collector curbface or EOP: 40 feet.
(d)
Building face to arterial street or EOP: 113 feet.
(e)
Building face except garage face to parking: 12 feet.
(f)
Garage face to common parking area: 42 feet.
a.
Parking and traffic circulation standards.
1.
The developer shall provide a traffic study to the satisfaction of
the Planning Board Engineer.
2.
All required off-street parking and loading spaces shall be provided
on-site.
3.
All ground level parking under the building type "A" shall be fully
enclosed within the building with walls that are constructed with
the same building materials as the main building elevations, substantially
consistent with the plans attached to the redevelopment plan as Exhibit
2.[1] All parking spaces located in the parking structure shall
be fully enclosed on all sides of the building with decorative screening
elements such as grating, louvers, or similar approved materials to
meet air quality requirements, with the exception of driveway openings,
substantially consistent with the plans attached to the redevelopment
plan as Exhibit 2. Screening materials and building materials shall
be subject to Planning Board approval.
[1]
Editor's Note: Exhibit 2 is on file in the office of the Township
Clerk.
4.
Parking areas shall include a minimum of two electric car charging
stations.
5.
Surface parking shall be permitted to support the inclusionary residential
development but shall not be the sole source of on-site parking. The
layout and circulation of the surface parking shall be substantially
consistent with the plans attached to the redevelopment plan as Exhibit
1.[2]
[2]
Editor's Note: Exhibit 1 is on file in the office of the Township
Clerk.
6.
The required number of parking spaces and stall dimensions (nine
feet by 18 feet) shall conform to residential site improvement standards.
7.
A traffic circulation plan shall be provided depicting the turning
radius of emergency vehicle routes through the site. No truck circulation
routes shall interfere with any permitted on-street parking spaces
or driveways.
8.
All parking spaces, loading spaces, fire lanes, and circulation routes
shall be striped and signed in accordance with the Manual on Traffic
Control Devices (MUTCD). All such striping and signage shall be depicted
on the traffic circulation plan.
9.
All driveways and parking spaces located on the residential property
shall be maintained by the owner of the residential project.
10.
The access to the project shall be one ingress/egress driveway
which will be comprised of one "right in" and one "right out" from
Route 22, which will transition into a twenty-four-foot internal access
road. There shall be a mountable concrete curb island which divides
the "right in" and "right out" access. The location of the driveway
off of Route 22, its dimensions, and the location and dimensions of
the mountable concrete curb island shall be substantially consistent
with Exhibit 1 attached to the redevelopment plan.
11.
The residential development shall be served by an emergency
access grass paver road located off of Juniper Lane. The property
owner shall be responsible for the maintenance of these paths for
emergency use, including snow removal. The sufficiency of the emergency
access shall be subject to the approval of the Township Fire Official.
b.
Project design standards and conditions.
1.
The use of green building technologies is strongly encouraged to
be incorporated into all aspects of the project design. Green building
(also known as "green construction" or "green sustainable building")
is the practice of creating structures and using processes that are
environmentally responsible and resource-efficient throughout a building's
life cycle from siting to design, construction, operation, maintenance,
renovation and demolition.
2.
Upon the demolition of any existing building or structure, in whole
or in part, the site shall be properly graded and stabilized unless
new construction is to commence on the same site within 60 days.
3.
Location and area of amenities. The inclusionary multifamily residential
development shall contain a minimum of a 5,680 feet clubhouse which
will include a gym, a leasing center inclusive of a sample model unit,
and a resident lounge. There shall be an approximately 6,780 feet
pool and deck area located next to the clubhouse. Additionally, the
redeveloper shall provide the infrastructure for residents to participate
in passive recreation on the site. This entails the creation of a
network of walkways which should total a minimum of 17,700 feet.
4.
The project shall include stormwater/flood management systems which
include, but are not limited to, flood storage, stormwater detention
basins, basin overflow areas, culverts, etc., and shall be designed
and constructed to the appropriate standards.
5.
Adequate facilities shall be provided for the handling of garbage
and other refuse by providing and maintaining an enclosed and screened
area either within or separate from the buildings within which all
garbage and refuse containers shall be stored, subject to Planning
Board approval.
6.
A comprehensive landscape plan shall be prepared by a licensed landscape
architect. All areas of the site not covered by buildings, pavement,
walkways, and other permissible impervious surfaces shall contain
landscape plantings. The use of perennial and native species is encouraged.
7.
All mechanical equipment, generators, HVAC equipment and similar
equipment shall be specified to meet the applicable residential sound
standards as defined by the State of New Jersey.
8.
All mechanical equipment shall be screened from view, both from the
street and existing or planned neighboring buildings. Said screening
shall be constructed in a manner that is consistent with the architecture
of the building, and shall utilize the same materials used in the
construction of the building, such that the screening appears to be
an integral part of the building. The screening shall not impair the
functioning of the equipment.
9.
Signs associated with the residential project shall be addressed
during preliminary and final site plan approval. Dimensions, colors
and other sign characteristics shall be subject to Planning Board
approval.
c.
Building and architectural design standards and programming.
1.
Design standards. The following design standards shall be adopted
for the Bowcraft Redevelopment Project:
(a)
The intention of this redevelopment plan is that the facades
of all buildings be constructed and designed with brick as the predominant
building material. The building materials used to accent the brick
shall be precast stone or concrete and brick panels, horizontal siding
(HardiePlank® or similar approved material),
and other similar high-quality materials such as Hardie® cement board and Azek® as approved by the Planning Board. EIFS (Exterior insulating finishing
systems), artificial stone, and brick-face veneer, ("Permastone™" and "brickface") and other similar facade
materials may not be used within the redevelopment area. Similarly,
jumbo brick and concrete block of any type and vinyl siding are not
permitted as facade materials within the redevelopment area.
(b)
Where any building material other than brick is used, the width
of the nonbrick material shall not extend greater than the width of
two window bays. (not to exceed 40 feet) in any single plane as approved
by the Planning Board, substantially consistent with Exhibits 2, 3
and 4 attached to the redevelopment plan.
(c)
The building shall be designed to be attractive and inviting
when viewed from all vehicular and pedestrian pathways within the
redevelopment area and from vantage points outside of the redevelopment
area.
(d)
Decorative ornamental light fixtures shall be located along
the ground level of the residential building at a pedestrian scale
on either side of all ground-level windows and doors.
(e)
There shall be alternating setbacks along all apartment building
elevations in order to create recessed areas to break up the mass
of the building substantially consistent with Exhibits 2 and 3 of
the redevelopment plan.
2.
3.
Architectural building elevations.
(a)
Exhibits 2 through 5 to the redevelopment plan represent the
architectural building elevations for apartment building Type "A,"
apartment building Type "B", the townhouse buildings and the clubhouse,
respectively. The architectural building elevations shall be substantially
consistent with the exhibits for all four sides. These architectural
elevations have been incorporated into the plan to help visualize
the architectural standards and design for the redevelopment area.
(b)
The architecture of the buildings is recommended to be more
suburban in style and large contiguous structures are recommended
to be broken up visually through a variety of means, including, but
not limited to, varying roof heights, variations in colors, materials,
proportions, moldings and demarcations used. Exhibits 2 and 3 to the
redevelopment plan were created in response to feedback from the Township's
Planning Board, requesting a pitched roof instead of a flat roof.
All architectural elevations, including, but not limited to, materials,
rooflines and colors, are subject to the review and approval of the
Planning Board.
4.
Site layout concept. Exhibit 1 to the redevelopment plan[3] represents the site layout plan for the Bowcraft Redevelopment
Project. The concept plan, prepared by PS&S, revised December
28, 2018, generally illustrates the building configuration, open space,
amenities, unit count, bedroom distribution, and overall general layout
of the development.
[3]
Editor's Note: Exhibit 1 is on file in the office of the Township
Clerk.
d.
Open space, landscaping and amenities.
1.
At the time of site plan approval, the developer shall provide a
detailed outline of the uses for the indoor and outdoor amenity areas,
in addition to including these areas on submitted site plans. The
size, use and location of indoor and outdoor amenity spaces shall
be substantially consistent with Exhibit 1 to the redevelopment plan.
2.
The residential development project to be located in the redevelopment
area shall include, but is not limited to, the following open space
and amenities as accessory uses:
(a)
Clubhouse: the clubhouse shall contain a minimum of 5,680 feet
and shall include a gym, a leasing center, including a sample model
unit, and a resident lounge.
(b)
Pool and deck area: there shall be an approximately 6,780 feet
pool and deck area located next to the clubhouse.
(c)
Walking paths: the redeveloper shall provide the infrastructure
for residents to participate in passive recreation on the site. This
entails the creation of a network of walkways which should total a
minimum of 17,700 feet.
(d)
Tot lot: the redeveloper shall provide child recreational facilities
in the form of a tot lot. The size, location and sufficiency of the
tot lot shall be subject to the review and approval of the Planning
Board Planner.
(e)
Green space: the redeveloper shall provide approximately 279,000
feet of green space in order for residents to participate in active
and passive recreation on the site.
(f)
Landscaping: Landscaping shall include trees, bushes, shrubs,
ground cover, perennials, annuals, plants and the use of building
and paving materials in an imaginative manner. Landscaping shall be
maintained and the owner shall be responsible for replacement of dead
plants, trees or other landscaping items. The development shall have
professionally designed and executed landscaping plans designed in
a comprehensive manner addressing all plantings, walkways, lighting,
hardscape areas, paths, fencing and similar items. The landscape plan
shall be prepared by a licensed landscape architect in the State of
New Jersey.
3.
All open areas not utilized for parking areas, driveways, streets
or roads, recreational facilities, patios or terraces shall be provided
with lawns or other suitable growing ground cover, trees and shrubs.
Continuous evergreen screening shall be required along the tract boundary
lines which separate the project from neighboring residential uses,
such screening to be no less than six feet high when planted. In addition,
the project shall include supplemental screening by a board-on-board
solid fence up to six feet in height. The use of chain-link fencing
is prohibited. Shade trees are recommended to be provided along walks,
driveways, parking areas, streets and roads. Screening or buffers,
consisting of berms, fencing and/or landscaping, may be required around
recreation, parking, utility and refuse disposal areas and around
other similar areas at the discretion of the Planning Board and its
professionals. All landscaping shall be maintained in good condition
and shall be replaced where necessary.
e.
Redevelopment area phasing plan. It is envisioned that the project
will be constructed in two phases. Phase I would involve the demolition
of all remaining structures and all impervious surfaces that are not
designated to remain as part of the site plan drawings. All debris
piles of all types, including but not limited to vegetative, stone,
concrete and asphalt piles, shall also be removed under Phase 1. Phase
II would involve the construction of the residential redevelopment,
which may be further broken down into subphases by the development,
provided that each subphase fully conforms with all aspects of this
redevelopment plan, including all affordable units which shall be
constructed in accordance with all applicable rules and regulations
for the number of residential units in each phase. Whether or not
the developer chooses to construct the residential buildings, all
on-site, off-site and off-tract improvements shall be constructed
prior to the issuance of any certificate of occupancy for any residential
unit in any phase.
f.
Utilities.
1.
All new electric, telephone, television, cable, gas, and other utility
service lines servicing the buildings shall be installed underground,
to the extent such underground service is commercially reasonable,
available, and permitted by the applicable utility companies, and
in all events shall be installed in accordance with the prevailing
standards and practices of the respective utility or other companies
providing such services.
2.
All utility connection permits and road opening permits shall be
obtained from the respective utility authority prior to the start
of construction. All municipal roadways damaged by the redevelopment
of the site shall be restored and/or repaved as directed by the Township
of the Scotch Plains Engineer.
a.
Pedestrian access, circulation and student pickup.
1.
Sidewalks along Route 22: the redeveloper shall provide a sidewalk
that is a minimum of five feet wide along the project's entire frontage
on Route 22.
2.
Walking paths: the redeveloper shall provide the infrastructure for
residents to participate in passive recreation on the site. This entails
the creation of a network of walkways which should total a minimum
of 17,700 feet.
3.
Student pickup: The redeveloper shall coordinate student pickups
and returns with the Board of Education.
b.
Traffic study and related improvements. The redeveloper shall provide
a traffic study for the proposed residential development at the time
of the site plan hearing before the Planning Board that shall address
the traffic impact of the proposed development on the Township's circulation
and roadways, as well as access to the site in accordance with the
Township, residential site improvement standards ("RSIS"), and New
Jersey Department of Transportation ("NJDOT") regulations.
Pending the approval by the Superior Court of New Jersey, Union
County and the Special Master, the following terms regarding the affordable
housing set-aside component of the residential project on Proposed
Lot A shall be adhered to:
a.
The developer shall have the obligation to deed restrict 17.5% of
the residential units in the inclusionary development as very-low-,
low- and moderate-income affordable units, which shall be 35 affordable
units. All such affordable units shall comply with UHAC regulations,
COAH affordable housing regulations, the pending approval of the Township's
current affordable housing obligation set forth in the settlement
agreement by and between the Township and Fair Share Housing Center,
any applicable orders of the Court, and other applicable laws.
b.
Deed restriction period. Pursuant to UHAC, the developer shall have
an obligation to deed restrict the affordable units in the inclusionary
development as very-low-, low- or moderate-income affordable units
for a period of at least 30 years from the date of the initial occupancy
of each affordable unit (the "deed restriction period") until the
Township of Scotch Plains takes action to release the controls on
affordability, so that the Township may count each affordable unit
against its obligation to provide family rental affordable housing.
The parties agree that the affordability controls shall not expire
until such time, at least 30 years from the date of initial occupancy,
that the Township takes action to release the controls on affordability,
and thereafter the affordability controls shall continue in effect
until the date on which the individual affordable unit rental unit
shall become vacant, provided that the occupant household continues
to earn a gross annual income of less than 80% of the applicable median
income. See N.J.A.C. 5:80-26.11(b). If, at any time after the release
of the affordability controls by the Township, a rental household's
income is found to exceed 80% of the regional median income, the rental
rate restriction shall expire at the later of either the next scheduled
lease renewal or 60 days. The term "family rental" in this redevelopment
plan means rental units that are not age-restricted.
c.
Deed restriction: The developer shall execute and record a deed restriction
for the affordable units before the first certificate of occupancy
is issued for the inclusionary development. The deed restriction will
be recorded in the Union County Clerk's office.
d.
Income distribution requirements. Thirteen percent of the total number
of the affordable rental units must be very-low-income units, 37%
of the total number of affordable rental units must be low-income
units, and the remaining 50% may be moderate-income rental units.
The income distribution shall be subject to approval by the Superior
Court of New Jersey and the Special Master.
e.
Bedroom mix. Pursuant to N.J.A.C. 5:80-26.3(b), the number of efficiency
and one-bedroom units is no greater than 20% of the total low- and
moderate-income units, at least 30% of all low- and moderate-income
units are two-bedroom units, and at least 20% of all low- and moderate-income
units are three-bedroom units. The bedroom distribution of the affordable
rental units in the inclusionary development shall be as follows:
f.
Other affordable housing unit requirements: The developer will also
comply with all of the other requirements of UHAC and the Township's
Affordable Housing Ordinance,[1] including, but not limited to, affirmative marketing requirements,
candidate qualification screening requirements, integrating the affordable
units amongst the market-rate units, and unit phasing requirements.
The developer shall disperse the affordable units within the proposed
residential buildings on the property, and shall provide the exact
location of each affordable unit at the time of site plan application,
which shall be subject to review and approval by the Township's Planner
and the Special Master.
g.
Administrative agent: The developer shall contract with a qualified
and experienced third-party administrative agent, which may be the
Township's administrative agent (the "administrative agent") for the
administration of the affordable units and shall have the obligation
to pay all costs associated with properly deed restricting the affordable
units in accordance with the redevelopment plan for the deed restriction
period. The developer and its administrative agent shall work with
the Township and the Township's administrative agent, should the developer's
and the Township's administrative agent not be one and the same, regarding
any affordable housing monitoring requirements approved by COAH or
the Court. The developer shall provide, within 30 days after written
notice, detailed information reasonable requested by the Township
or the Township's administrative agent, should the developer's and
the Township's administrative agent not be one and the same, concerning
the developer's compliance with UHAC, the Township's Affordable Housing
Ordinance, all applicable Court orders, and other applicable laws.
h.
The redeveloper shall construct and obtain certificates of occupancy
for those buildings containing the affordable units in accordance
with UHAC.
a.
Demolition. The redevelopment plan will involve the demolition of
the existing, remaining improvements on the project site. As a part
of the demolition, all remains from the foundations of prior structures
need to be removed. It is the responsibility of the redeveloper to
remove all debris, including crushed concrete and garbage, from the
site, regardless of whether the debris was on the site prior to the
start date of the project. The reuse of crushed concrete or other
materials may be acceptable and shall be addressed as part of the
site plan approval.
b.
New construction. The redevelopment plan will involve the new construction
of six apartment buildings which shall contain a total of 190 apartment
units and two townhouse buildings which shall contain a total of 10
townhouse units.
c.
Properties to be acquired. This redevelopment plan will not involve
the taking of any privately owned property.
d.
Relocation. No residents will need to be relocated to complete this
redevelopment plan.
a.
This redevelopment plan shall supersede all provisions of the zoning
and development regulations of the Township of Scotch Plains regulating
development in the area addressed by this redevelopment plan. Final
adoption of this redevelopment plan by the Township Council shall
be considered an amendment of the Scotch Plains Zoning Map.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
b.
The Zoning District Map in the zoning ordinances of the Township
shall be amended to include the boundaries described in this redevelopment
plan and the provisions therein. All of the provisions of this redevelopment
plan shall supersede the applicable development regulations of the
Township's ordinances, as and where indicated, for the redevelopment
area. In the event of any inconsistencies between the provisions of
this redevelopment plan and any prior ordinance of the Township of
Scotch Plains, the provisions hereof shall be determined to govern.
[Added 11-12-2019 by Ord.
No. 2019-23; amended 2-15-2022 by Ord. No. 2022-9]
[The Lidl Redevelopment Plan is included as an attachment to this chapter.]
[Added 3-15-2022 by Ord.
No. 2022-8]
[The Redevelopment Plan for 475 Terrill Road is included as an attachment to this chapter.]
[Added 7-19-2022 by Ord.
No. 2022-17]
[The Redevelopment Plan for 1770-1772, 1774-1778 and 1778 East Second Street is included as an attachment to this chapter.]
[Added 12-13-2022 by Ord.
No. 2022-33]
[The Redevelopment Plan for 347 Park Avenue and 350 Forest Road is included as an attachment to this chapter.]
[Added 5-21-2019 by Ord.
No. 2019-9]
a.
Intent and purpose. The intent and purpose of the Jerusalem Road
Overlay Zone District is to provide an opportunity to develop affordable
housing to meet present and prospective housing needs, with particular
attention to very-low-, low-, and moderate-income housing, in conformance
with the requirements of the New Jersey Council on Affordable Housing
("COAH"), the settlement agreement entered into between the Township
of Scotch Plains, Fair Share Housing Center ("FSHC"), Lamberts Mill,
Amberg, ATA Developers, and SP Reserve on January 15, 2018 (hereinafter
"settlement agreement"), and the court order approving same, which
was entered by the court on April 20, 2018, after a properly noticed
fairness hearing, and the Township's conditional declaratory judgment
of compliance and repose entered by the Superior Court of New Jersey
on January 9, 2019, and filed by the Court on January 11, 2019, which
approved the land use regulations and affirmative devices in the Township's
Housing Element and Fair Share Plan to comply with the Township's
constitutional obligation with respect to affordable housing under
Mount Laurel doctrine.
c.
Accessory uses and structures.
1.
Parking and parking facilities as regulated herein;
3.
Common outdoor public or private spaces, decks, and terraces;
4.
Active and passive recreation facilities;
5.
Maintenance facilities;
6.
Gardens, hardscape patio areas, landscape features;
7.
Green building techniques and green roofs;
8.
Solar canopy array or roof-mounted systems; and
9.
Stormwater management/flood storage systems.
d.
Bulk requirements.
1.
Maximum density: 12 DU/acre.
2.
Minimum lot area: 21,000 feet.
3.
Minimum lot depth: 100 feet.
4.
Minimum street frontage: 200 feet.
5.
Maximum building coverage: 40%.
6.
Maximum impervious lot coverage: 70%.
7.
Principal and accessory building setbacks and requirements.
(a)
Minimum front yard setback: 25 feet.
(b)
Minimum one side yard setback: 10 feet.
(c)
Minimum total both side yard setbacks: 25 feet.
(d)
Minimum rear yard setback: 25 feet.
(e)
Minimum distance between buildings side elevation to side elevation:
40 feet.
(f)
Minimum distance between buildings side elevation to rear elevation:
50 feet.
(g)
Minimum distance between buildings rear elevation to rear elevation:
60 feet.
(h)
Principal building height (stories): three stories.
(i)
Principal building height (feet), townhouse: 36 feet.
(j)
Principal building height (feet), multifamily apartment: 42
feet.
(k)
Accessory building height (stories): 1 1/2 stories.
(l)
Accessory building height (feet): 15 feet.
(m)
Minimum townhouse unit width: 25 feet.
(n)
Minimum townhouse unit length: 40 feet.
e.
Site plan and building requirements.
1.
Parking and circulation.
(a)
Granite block curbing shall be utilized along all internal roads
and along the lot's frontage along any public right-of-way. All other
design standards for residential projects shall conform to RSIS.
(b)
All required off-street parking and loading spaces shall be
provided on-site.
(c)
In order to count towards the off-street parking requirements,
the minimum length of townhouse unit driveways shall be 18 feet.
(d)
Multifamily projects which generate 15 or more residential units
are required to submit a traffic and parking study at the time of
the site plan application before the Planning Board that shall address
the traffic and parking impact of the proposed development on the
Township's circulation and roadways.
2.
Sidewalks. Sidewalks shall be provided along the frontage of all
public rights-of-way which the property fronts.
3.
Landscape buffer. A landscape buffer shall be provided along the
site's perimeter, with the exception of the lot frontage. Areas between
property lines and parking areas shall be buffered with a mixture
of deciduous and evergreen plantings. This landscaped buffer area
shall be a minimum of 10 feet in depth. To the extent practical, existing
trees on the site shall be preserved and protected during construction.
The Planning Board may approve fencing in conjunction with any such
screening requirement. Any site plan or subdivision plan shall be
accompanied by a landscape plan specifying details for tree-protection
measures, proposed landscape plantings, and street trees to be provided
in accordance with ordinance requirements, and/or contract of sale
or developer's agreement.
4.
Open space. Multifamily apartment projects containing 10 or greater
total residential units shall allocate a minimum of 15% of the gross
lot area to be used as a common hardscaped outdoor area such as courtyards,
patios, terraces, or similar. The required hardscape common area shall
not count towards the project's impervious coverage bulk requirements
of this zone.
5.
Architectural design guidelines.
(a)
The primary materials for buildings shall be brick, stone, HardiePlank® or similar cement board siding, subject to Planning
Board approval. The use of vinyl siding is prohibited.
(b)
All buildings and building elevations shall be constructed with
the same building materials and to the same building construction
standards and aesthetics.
(c)
No more than six townhouse units shall be attached in a series.
(d)
No more than two contiguous townhouse units shall be located
on the same setback line.
(e)
(f)
Buildings shall have a clear base, middle, and top by providing
string courses and/or horizontally differentiating surface treatments.
(g)
Residential first-floor units shall be located a minimum of
two feet above the sidewalk, with windowsills a minimum of five feet
above the sidewalk.
(h)
All mechanical equipment shall be screened from view. Rooftop
equipment shall be screened in a manner consistent with the architecture
and building materials of the building. Ground-level mechanical equipment
shall be screened by means of solid fencing and supplemented with
evergreen plantings.
(i)
Roofs should be designed to reduce the apparent exterior mass
of a building, add visual interest, and be appropriate for the architectural
style of the building. Overhanging eaves, sloped roofs with a minimum
pitch of 8/12, and multiple roof elements are highly encouraged. In
the case of a pitched roof, roofline offsets, dormers or gables shall
be provided in order to provide architectural interest and to minimize
the apparent mass of the building.
f.
Affordable housing requirements. Any project containing residential
units shall meet the requirements of the Township's Affordable Housing
Ordinances,[3] applicable COAH regulations, the settlement agreement
entered into between the Township of Scotch Plains and Fair Share
Housing Center ("FSHC") on January 15, 2018, the court order approving
the settlement agreement, the Court-approved Housing Element and Fair
Share Plan, any applicable order of the Court and other applicable
law.
1.
For projects which consist of five or more new residential units,
no fewer than 20% for-sale units or 15% of for rental units constructed
shall be set aside as units affordable to very-low-, low-, and moderate-income
households.
2.
Income distribution: The income distribution for the affordable units
in each project shall be as follows: no more than 50% may be moderate-income
units, at least 37% shall be low-income units and at least 13% shall
be very-low-income units.
3.
Bedroom mix: At least 20% of the affordable units in each project
shall be three-bedroom units; no more than 20% of the affordable units
in each project shall be efficiency and one-bedroom units; at least
30% of the affordable units in each project shall be two-bedroom units;
the balance may be two- or three-bedroom units; at the discretion
of the developer.
4.
The developer shall have an obligation to deed restrict the affordable
units as very-low-, low- or moderate-income affordable units for a
period of at least 30 years, until such time and under conditions
as the Township elects to release the deed restriction, so that the
Township may count the affordable units against its affordable housing
obligation. The deed restrictions shall be recorded with the County
Clerk, and a copy of the recorded deed shall be forwarded to the Township
Municipal Housing Liaison and administrative agent. Any sale of the
property or units shall not affect the length or terms of the deed
restriction.
5.
All affordable units shall comply with the bedroom distribution requirements,
income distribution requirements, pricing requirements, integration
of affordable unit requirements, affirmative marketing requirements,
candidate qualification and screening requirements and deed restriction
requirements of the Township's Affordable Housing Ordinance.[4]
6.
The developer/owner of the affordable units shall contract with an
experienced and duly qualified administrative agent for the administration
of the affordable units. The developer's/owner's administrative agent
may either be the Township administrative agent or shall report to
the Township administrative agent, and the developer/owner shall have
the obligation to pay all costs associated with affirmatively marketing
and deed restricting the affordable units, income qualifying residents,
and maintaining compliance with the affordability controls on the
affordable units in accordance with this section and the Township's
Affordable Housing Ordinance for the entirety of the deed restriction
period. The developer/owner and its administrative agent shall provide
annual reports as required by the Township and the Township's administrative
agent to enable the Township to comply with the affordable housing
monitoring requirements of the Court.
[Added 5-21-2019 by Ord.
No. 2019-10]
a.
Intent and purpose. The intent and purpose of the Waldheim and Beryllium
Road Overlay Zone District is to develop affordable housing to meet
present and prospective housing needs, with particular attention to
very-low-, low-, and moderate-income housing, in conformance with
the requirements of the New Jersey Council on Affordable Housing ("COAH"),
the settlement agreement entered into between the Township of Scotch
Plains, Fair Share Housing Center ("FSHC"), Lamberts Mill, Amberg,
ATA Developers, and SP Reserve on January 15, 2018 (hereinafter "Settlement
Agreement"), and the court order approving same, which was entered
by the court on April 20, 2018, after a properly noticed fairness
hearing, and the Township's conditional declaratory judgment of compliance
and repose entered by the Superior Court of New Jersey on January
9, 2019, and filed by the Court on January 11, 2019, which approved
the land use regulations and affirmative devices in the Township's
Housing Element and Fair Share Plan to comply with the Township's
constitutional obligation with respect to affordable housing under
Mount Laurel doctrine.
c.
Accessory uses and structures:
1.
Parking and parking facilities as regulated herein;
3.
Common outdoor public or private spaces, decks, and terraces;
4.
Active and passive recreation facilities;
5.
Maintenance facilities;
6.
Gardens, hardscape patio areas, landscape features;
7.
Green building techniques and green roofs;
8.
Solar canopy array or roof-mounted systems; and
9.
Stormwater management/flood storage systems.
d.
Bulk requirements.
1.
Maximum density: nine DU/acre.
2.
Minimum lot size: 32,670 feet.
3.
Minimum lot depth: 100 feet.
4.
Minimum street frontage: 200 feet.
5.
Maximum building coverage: 40%.
6.
Maximum impervious lot coverage: 70%.
7.
Principal and accessory building setbacks and requirements.
(a)
Minimum front yard setback: 25 feet.
(b)
Minimum one side yard setback: 10 feet.
(c)
Minimum total both side yard setbacks: 25 feet.
(d)
Minimum rear yard setback: 25 feet.
(e)
Minimum distance between buildings side elevation to side elevation:
40 feet.
(f)
Minimum distance between buildings side elevation to rear elevation:
50 feet.
(g)
Minimum distance between buildings rear elevation to rear elevation:
60 feet.
(h)
Principal building height (stories): three stories.
(i)
Principal building height (feet), townhouse: 36 feet.
(j)
Principal building height (feet), multifamily apartment: 42
feet.
(k)
Accessory building height (stories): 1 1/2 stories.
(l)
Accessory building height (feet): 15 feet.
(m)
Minimum townhouse unit width: 25 feet.
(n)
Minimum townhouse unit length: 40 feet.
e.
Site plan and building requirements.
1.
Parking and circulation.
(a)
Granite block curbing shall be utilized along all internal roads
and along the lot's frontage along any public right-of-way. All other
design standards for residential projects shall conform to RSIS.
(b)
All required off-street parking and loading spaces shall be
provided on-site.
(c)
In order to count towards the off-street parking requirements,
the minimum length of townhouse unit driveways shall be 18 feet.
(d)
Multifamily projects which generate 15 or more residential units
are required to submit a traffic and parking study at the time of
the site plan application before the Planning Board that shall address
the traffic and parking impact of the proposed development on the
Township's circulation and roadways.
2.
Sidewalks. Sidewalks shall be provided along the frontage of all
public rights-of-way which the property fronts.
3.
Landscape buffer. A landscape buffer shall be provided along the
site's perimeter, with the exception of the lot frontage. Areas between
property lines and parking areas shall be buffered with a mixture
of deciduous and evergreen plantings. This landscaped buffer area
shall be a minimum of 10 feet in depth. To the extent practical, existing
trees on the site shall be preserved and protected during construction.
The Planning Board may approve fencing in conjunction with any such
screening requirement. Any site plan or subdivision plan shall be
accompanied by a landscape plan specifying details for tree-protection
measures, proposed landscape plantings, and street trees to be provided
in accordance with ordinance requirements, and/or contract of sale
or developer's agreement.
4.
Open space. Multifamily apartment projects containing 10 or greater
total residential units shall allocate a minimum of 15% of the gross
lot area to be used as a common hardscaped outdoor area such as courtyards,
patios, terraces, or similar. The required hardscape common area shall
not count towards the project's impervious coverage bulk requirements
of this zone.
5.
Architectural design guidelines.
(a)
The primary materials for buildings shall be brick, stone, HardiePlank® or similar cement board siding, subject to Planning
Board approval. The use of vinyl siding is prohibited.
(b)
All buildings and building elevations shall be constructed with
the same building materials and to the same building construction
standards and aesthetics.
(c)
No more than six townhouse units shall be attached in a series.
(d)
No more than two contiguous townhouse units shall be located
on the same setback line.
(e)
(f)
Buildings shall have a clear base, middle, and top by providing
string courses and/or horizontally differentiating surface treatments.
(g)
Residential first-floor units shall be located a minimum of
two feet above the sidewalk, with windowsills a minimum of five feet
above the sidewalk.
(h)
All mechanical equipment shall be screened from view. Rooftop
equipment shall be screened in a manner consistent with the architecture
and building materials of the building. Ground-level mechanical equipment
shall be screened by means of solid fencing and supplemented with
evergreen plantings.
(i)
Roofs should be designed to reduce the apparent exterior mass
of a building, add visual interest, and be appropriate for the architectural
style of the building. Overhanging eaves, sloped roofs with a minimum
pitch of 8/12, and multiple roof elements are highly encouraged. In
the case of a pitched roof, roofline offsets, dormers or gables shall
be provided in order to provide architectural interest and to minimize
the apparent mass of the building.
f.
Affordable housing requirements. Any project containing residential
units shall meet the requirements of the Township's Affordable Housing
Ordinances,[3] applicable COAH regulations and the Court-approved Housing
Element and Fair Share Plan, any applicable order of the Court and
other applicable law.
1.
For projects which consist of five or more new residential units,
no fewer than 20% for-sale units or 15% of for rental units constructed
shall be set aside as units affordable to very-low-, low-, and moderate-income
households.
2.
Income distribution: The income distribution for the affordable units
in each project shall be as follows: no more than 50% may be moderate-income
units, at least 37% shall be low-income units and at least 13% shall
be very-low-income units.
3.
Bedroom mix: At least 20% of the affordable units in each project
shall be three-bedroom units; no more than 20% of the affordable units
in each project shall be efficiency and one-bedroom units; at least
30% of the affordable units in each project shall be two-bedroom units;
the balance may be two- or three-bedroom units; at the discretion
of the developer.
4.
The developer shall have an obligation to deed restrict the affordable
units as very-low-, low- or moderate-income affordable units for a
period of at least 30 years, until such time and under conditions
as the Township elects to release the deed restriction, so that the
Township may count the affordable units against its affordable housing
obligation. The deed restrictions shall be recorded with the County
Clerk, and a copy of the recorded deed shall be forwarded to the Township
Municipal Housing Liaison and administrative agent. Any sale of the
property or units shall not affect the length or terms of the deed
restriction.
5.
All affordable units shall comply with the bedroom distribution requirements,
income distribution requirements, pricing requirements, integration
of affordable unit requirements, affirmative marketing requirements,
candidate qualification and screening requirements and deed restriction
requirements of the Township's Affordable Housing Ordinance.[4]
6.
The developer/owner of the affordable units shall contract with an
experienced and duly qualified administrative agent for the administration
of the affordable units. The developer's/owner's administrative agent
may either be the Township administrative agent or shall report to
the Township administrative agent, and the developer/owner shall have
the obligation to pay all costs associated with affirmatively marketing
and deed restricting the affordable units, income qualifying residents,
and maintaining compliance with the affordability controls on the
affordable units in accordance with this section and the Township's
Affordable Housing Ordinance for the entirety of the deed restriction
period. The developer/owner and its administrative agent shall provide
annual reports as required by the Township and the Township's administrative
agent to enable the Township to comply with the affordable housing
monitoring requirements of the Court.
[Added 8-18-2020 by Ord.
No. 2020-9]
a.
Intent and purpose:
1.
The intent and purpose of the Tier 1 Affordable Housing Overlay Zone
District is to provide for the continued redevelopment of the downtown
and address the Township's unmet affordable housing obligation,
in conformance with the requirements of the New Jersey Council on
Affordable Housing ("COAH"), the Settlement Agreement entered into
between the Township of Scotch Plains, Fair Share Housing Center ("FSHC"),
Lamberts Mill, Amberg, ATA Developers, and SP Reserve on January 15,
2018 (hereinafter "Settlement Agreement"), and the Court Order approving
same, which was entered by the Court on April 20, 2018, after a properly
noticed Fairness Hearing, and the Township's Conditional Declaratory
Judgment of Compliance and Repose entered by the Superior Court of
New Jersey on January 9, 2019, and filed by the court on January 11,
2019, which approved the land use regulations and affirmative devices
in the Township's Housing Element and Fair Share Plan to comply
with the Township's constitutional obligation with respect to
affordable housing under the Mount Laurel doctrine.
2.
Downtown revitalization. The Township of Scotch Plains has made a
long-standing commitment to creating a vibrant downtown community
by balancing jobs, housing, recreation, and commercial opportunities
that make it a destination for residents and nonresidents alike. Scotch
Plains has demonstrated this commitment through a legislative history
focused on the downtown area in a series of Master Plan documents
dating back to 1976, and through the preparation of numerous planning
studies dating back to 1984. Recently, the Township has renewed its
focus on downtown revitalization to comply with its affordable housing
settlement and bring downtown into 21st Century development. This
overlay ordinance shall contribute to the revitalization of the downtown
through:
(a)
Incentivizing redevelopment through increased density to help
develop a critical mass of residents and shoppers needed for a successful
and sustainable downtown;
(b)
Focusing on mixed-use development that will promote economic
development leading to additional tax ratables, new jobs, and growth
opportunities to the benefit of the Scotch Plains community;
(c)
Increasing the walkability of the downtown by incentivizing
multi-modal transportation options, including bicycle, pedestrian,
and public transit, therefore reducing the need for cars and associated
parking spaces.
b.
Applicability. The Downtown Affordable Housing Overlay Zone - Tier
1 shall be applied to the following properties and as mapped on Exhibit
A. Any discrepancies between the properties listed under § 23-3.2a.44
or § 23-10.3.b. and Exhibit A, Exhibit A shall take precedence.
The Official Zoning Map of the Township of Scotch Plains is hereby
amended in accordance with the foregoing and is incorporated by reference.
|
Block
|
Lot
|
Address
|
Zone
|
|---|---|---|---|
|
803
|
1
|
250 PARK AVE
|
B-2
|
|
1001
|
44
|
302 PARK AVE
|
B-2
|
|
1001
|
45
|
310 PARK AVE
|
B-2
|
|
1001
|
47
|
322 PARK AVE
|
B-2
|
|
1001
|
48
|
328 PARK AVE
|
B-2
|
|
1001
|
49.01
|
336 PARK AVE
|
B-2
|
|
1001
|
51
|
350 PARK AVENUE
|
B-2
|
|
1001
|
52
|
356 PARK AVE
|
B-2
|
|
1001
|
53
|
360 PARK AVE
|
B-2
|
|
1001
|
54.0101
|
366 PARK AVE
|
B-2
|
|
1001
|
56
|
1829 FRONT ST
|
B-2
|
|
1001
|
57
|
1825 FRONT ST
|
B-2
|
|
1001
|
58.01
|
1819 FRONT ST
|
B-1
|
|
1001
|
59
|
1815 FRONT ST
|
B-1
|
|
1001
|
60
|
1805 FRONT ST
|
B-1
|
|
1001
|
61
|
1803 FRONT ST
|
B-1
|
|
1001
|
62
|
1801 FRONT ST
|
B-1
|
|
1001.08
|
1
|
320 PARK AVE
|
B-2
|
|
1001.08
|
2
|
320 PARK AVE
|
B-2
|
|
1104
|
1.01
|
1819 E. 2ND ST.
|
B-2
|
|
1104
|
15
|
1824 FRONT ST
|
B-1
|
|
1104
|
16
|
430 SENGER PLACE
|
R-3a
|
|
1104
|
17.01
|
436 SENGER PLACE
|
R-3a
|
|
1105
|
1.02
|
430 PARK AVE
|
P
|
|
1105
|
1.03
|
440 PARK AVENUE
|
B-2
|
|
1105
|
2
|
450 PARK AVE
|
B-2
|
|
1105
|
3
|
454-460 PARK AVE
|
B-2
|
|
1105
|
4
|
1831 E SECOND ST
|
B-2
|
|
1105
|
5
|
1827 EAST SECOND ST
|
B-2
|
|
1201
|
30.01
|
1810 EAST SECOND ST
|
B-2
|
|
1201
|
31.01
|
1818 EAST SECOND ST
|
B-2
|
|
1201
|
31.02
|
1830 EAST SECOND ST.
|
B-2
|
|
1201
|
32
|
1832 EAST SECOND ST
|
B-2
|
|
1201
|
33
|
1838 EAST SECOND ST
|
B-2
|
|
1201
|
34
|
514 PARK AVE
|
B-2
|
|
1401
|
1
|
1928 WESTFIELD AVE
|
B-2
|
|
1401
|
2
|
1926 WESTFIELD AVE
|
B-2
|
|
1401
|
3
|
1924 WESTFIELD AVE
|
B-2
|
|
1401
|
4
|
1922 WESTFIELD AVE
|
B-2
|
|
1401
|
5
|
1910 WESTFIELD AVE
|
B-2
|
|
1401
|
6
|
501-503 PARK AVE.
|
B-2
|
|
1401
|
7
|
501 PARK AVENUE
|
B-2
|
|
1401
|
8
|
509 PARK AVE
|
B-2
|
|
1401
|
9
|
511 PARK AVE
|
B-2
|
|
1501
|
1
|
451 PARK AVE
|
B-2
|
|
1501
|
2
|
441 PARK AVE
|
B-2
|
|
1501
|
3.01
|
437 PARK AVE
|
B-2
|
|
1501
|
3.02
|
435 PARK AVE
|
B-2
|
|
1501
|
4
|
431 PARK AVE
|
B-2
|
|
1501
|
5.01
|
429 PARK AVE
|
B-2
|
|
1501
|
5.02
|
425 PARK AVE
|
B-2
|
|
1501
|
6
|
419 PARK AVE
|
B-2
|
|
1501
|
7
|
413 PARK AVE
|
B-2
|
|
1501
|
8
|
403A TO 409B PARK AVE
|
B-2
|
|
1501
|
9
|
401 PARK AVE
|
B-2
|
|
1501
|
10
|
1919 WESTFIELD AVE
|
P
|
|
1501
|
11
|
1916 BARTLE AVE
|
B-2
|
|
1501
|
12
|
1920 BARTLE AVE
|
B-2
|
|
1501
|
13
|
1924 BARTLE AVE
|
B-2
|
|
1501
|
14
|
1928 BARTLE AVE
|
B-2
|
|
1501
|
15
|
1930 BARTLE AVE
|
B-2
|
|
1501
|
16
|
412 FOREST ROAD
|
B-2
|
|
1501
|
17
|
416 FOREST ROAD
|
B-2
|
|
1501
|
18
|
420 FOREST ROAD
|
B-2
|
|
1501
|
19
|
426 FOREST ROAD
|
B-2
|
|
1501
|
20
|
1937 WESTFIELD AVE
|
B-2
|
|
1501
|
21
|
1923 WESTFIELD AVE
|
B-2
|
|
1501
|
22
|
1915 WESTFIELD AVE
|
B-2
|
|
1501
|
23
|
1911 WESTFIELD AVE
|
B-2
|
|
1601
|
1
|
393 PARK AVE
|
B-2
|
|
1601
|
2
|
389 PARK AVE
|
B-2
|
|
1601
|
3
|
387 PARK AVE
|
B-2
|
|
1601
|
4
|
381 PARK AVE
|
B-2
|
|
1601
|
5
|
377 PARK AVE
|
B-2
|
|
1601
|
6
|
373 PARK AVE
|
B-2
|
|
1601
|
7
|
365 PARK AVE
|
B-2
|
|
1601
|
8
|
361 PARK AVE
|
B-2
|
|
1601
|
9
|
347 PARK AVE
|
B-2
|
|
1601
|
9.01
|
361 PARK AVENUE
|
B-2
|
|
1601
|
9.02
|
350 FOREST RD
|
B-2
|
|
1601
|
13
|
1927 BARTLE AVE
|
P
|
|
1601
|
14
|
1917 BARTLE AVE
|
P
|
|
1802
|
12
|
223 PARK AVE
|
B-2
|
|
1802
|
13
|
219 PARK AVE
|
B-2
|
|
1802
|
14
|
211 PARK AVE
|
B-2
|
|
1803
|
1
|
237 PARK AVE
|
B-2
|
|
1803
|
21
|
245 PARK AVE
|
B-2
|
|
1803
|
22
|
253 PARK AVE
|
B-2
|
c.
COMMON OPEN SPACE
CORE DOWNTOWN AREA
GREEN DESIGN STANDARDS
Definitions. As used in this § 23-10.3, the following terms shall have the meanings indicated:
Land that is part of a development that is designed and intended
for the common use and enjoyment of the residents of the development,
their visitors and the public and that may include such complementary
structures and improvements as are necessary and appropriate for the
development. Examples of such complementary structures and improvements
include passive recreational facilities and/or open spaces, including
walkways, courtyards, terraces, plazas, alleys, gazebos, fountains,
sitting areas, gardens, pocket parks and other similar uses and structures
clearly incidental and supportive of the residents and visitors of
the development.
All properties located in the B-2 and P Public Lands Zone
Districts which are located in the Tier 1, Phase 1 or Phase 2 and
are located south of the southern right-of-way of Grand Street and
bisecting Block 1001 as if the southern right-of-way line of Grand
Street was extended in a westerly direction and within 250 feet east
or west of the Park Avenue right-of-way extending to the northern
right-of-way of East 2nd Street and Westfield Avenue and as illustrated
on Exhibit B.[1]
The protection of the natural environment is a key element
to Scotch Plains' overall redevelopment efforts. It is strongly
encouraged that the use of green building technologies be incorporated
into all aspects of the project design. Green building (also known
as "green construction" or "sustainable building") is the practice
of creating structures and using processes that are environmentally
responsible and resource-efficient throughout a building's life-cycle:
from initial planning to siting to design, construction, operation,
maintenance, renovation, and demolition.
[1]
Editor's Note: Exhibit B is on file in the Township offices.
d.
Permitted primary uses:
1.
Mixed-use structures combining retail business establishments or personal service establishments on the ground floor or upper floors and containing a nonresidential use that is enumerated and permitted pursuant to § 23-3.11 (B-2 Zone) of the Township of Scotch Plains Ordinances for all properties located in the B-2 Business Zone District and all properties in the P Public Zone District with inclusionary apartments on the upper floors. Residential dwelling units are prohibited on the first floor.
2.
Mixed-use structures combining business and professional office uses on the ground floor or upper floors containing a nonresidential use that is enumerated and permitted pursuant to § 23-3.9 (B-1 Business Zone District) of the Township of Scotch Plains Ordinances for all properties located in the B-1 Zone District with inclusionary apartments on the upper floors. Residential dwelling units are prohibited on the first floor.
3.
Multifamily apartments. Residential units are prohibited on the first
floor.
4.
Townhouses.
e.
Permitted secondary uses:
1.
Secondary uses enumerated in § 23-3.11 (B-2 Zone) shall be permitted on all properties located in the B-2 Zone and P Public Zone.
2.
Secondary uses enumerated in § 23-3.10 (B-1 Zone) shall be permitted on all properties located in the B-1 Zone District.
3.
Uses associated with multifamily residential apartment uses and mixed-use
developments as follows:
(a)
Common open space as defined under § 23-10.3.c.
(b)
Structured multi-level parking garages, provided that any structured
parking is enclosed with the same building materials and finishes
used for the main portion of the mixed-use or multifamily residential
building.
(c)
Amenities ancillary to multifamily residential and mixed-use
developments, such as lobbies, fitness centers, storage areas for
the residents of the multifamily buildings, and common area meeting
rooms for the residents of the building.
f.
Height, Area, and Bulk Requirements for Mixed-Use and Multifamily
Apartment Buildings.
|
Item
|
B-2 Zone District
|
B-1 and R3-A Zone District
|
P Public Zone District
| |
|---|---|---|---|---|
|
(a)
|
Maximum density
|
20 DU/acre
|
20 DU/acre
|
20 DU/acre
|
|
(b)
|
Minimum lot area
|
—
|
—
|
—
|
|
(c)
|
Minimum lot width
|
—
|
—
|
—
|
|
Minimum lot frontage
|
—
|
—
|
—
| |
|
(d)
|
Minimum lot depth
|
—
|
—
|
—
|
|
(e)
|
Maximum building coverage
|
80%
|
80%
|
80%
|
|
(f)
|
Maximum impervious lot coverage
|
90%
|
90%
|
90%
|
|
(g)
|
Maximum building height - Core Downtown Area1
|
4 stories and 50 feet, provided that the 4th story shall be
stepped back 10 feet from the front building wall
|
N/A
|
4 stories and 50 feet, provided that the 4th story is stepped
back 10 feet from the front building wall
|
|
(h)
|
Maximum building height - all properties not located in the
Core Downtown Area
|
3 stories and 45 feet
|
3 stories and 40 feet
|
3 stories and 45 feet
|
|
(i)
|
Common open space as defined under § 23-10.3.c
|
10% of the gross lot area as applicable and as further specified
under § 23-10.3.c
|
10% of gross lot area as applicable and as further specified
under § 23-10.3.c
|
10% of gross lot area as applicable and as further specified
under § 23-10.3.c
|
|
(j)
|
Minimum front yard setback for buildings 3 stories or less
|
10 feet
|
15 feet
|
10 feet
|
|
(k)
|
Minimum front yard setback for buildings greater than 3 stories
|
15 feet
|
N/A
|
15 feet
|
|
(l)
|
Minimum side yard setback - one side (for buildings 3 stories
or less)
|
0 feet
|
10 feet
|
0 feet
|
|
(m)
|
Minimum side yard setback - both sides (for buildings 3 stories
or less)
|
15 feet
|
20 feet
|
15 feet
|
|
(n)
|
Minimum side yard setback - one side (for buildings greater
than 3 stories)
|
10 feet
|
N/A
|
10 feet
|
|
(o)
|
Minimum side yard setback - both sides (for buildings greater
than 3 stories)
|
25 feet
|
N/A
|
25 feet
|
|
(p)
|
Minimum side yard setback - corner lot
|
10 feet
|
10 feet
|
10 feet
|
|
(q)
|
Rear yard setback
|
30 feet
|
30 feet
|
30 feet
|
|
Notes:
| |
|---|---|
|
1
|
The distance from the existing surface grade elevation to the
flood hazard area design flood elevation as defined by N.J.A.C. 7:13
NJDEP Flood Hazard Area Control Act Rules shall not count towards
the maximum building height requirements.
|
g.
Multifamily and Mixed-Use Residential Design Requirements.
1.
Residential (apartment) uses or offices may occupy the second or
third floor (or the fourth floor where permitted) of a building. Separate
and discrete entrances for each use shall be provided to the street
level. There shall be no mixed uses (apartments and offices or commercial
uses) on any floor.
2.
Three-bedroom or greater market-rate apartment dwelling units are
prohibited.
3.
The minimum gross square footage of the commercial floor area on
the ground or first floor of any mixed-use building shall be no less
than 20% of the gross floor area of the largest floor of the building
on any level. The commercial space and its primary entrance shall
be oriented to and located along the street frontage of the property.
4.
Wherever a multifamily apartment building or mixed-use building is
on a lot which abuts a residence zone, a ten-foot-wide landscaped
buffer area shall be provided adjacent to the residential use or zone
boundary in a manner approved by the approving authority. Such buffer
area shall be suitably planted and maintained with landscaping materials
of such species and sizes so as to preclude any detrimental effect
upon the adjacent residence zone.
5.
In order to maintain a vibrant downtown for all residents of the
Township of Scotch Plains, only mixed-use developments as defined
in this ordinance shall be permitted to be constructed within the
Core Downtown Area as defined under § 23-10.3.3(b) (Exhibit
B[2]) or on any property that contains frontage along Park
Avenue, East 2nd Street or Westfield Avenue as shown on Exhibit A.[3]
h.
Townhouse design requirements.
1.
A minimum of four townhouses and a maximum of six townhouses shall
be located in the same building.
2.
No more than two contiguous townhouse dwelling units shall be located
on the same setback line.
3.
Variations in front setbacks between contiguous townhouse dwelling
units shall not be less than one foot.
4.
All townhouse units shall have an individual backyard. Each townhouse
unit backyard is required to be separated from the adjacent unit's
yard by a solid fence or wall. Fences shall not exceed six feet in
height.
5.
All townhouse units shall front on and have their main entrance located
extending from the public right-of-way.
6.
Off-street parking shall be located in the rear of the townhouse
unit. Parking in the front yard and garages located in the front of
townhouse units are prohibited.
7.
A private driveway shall be provided along the rear of a row of townhomes
in order to permit vehicles to access the rear of the townhouse units.
A six-foot-high solid fence shall be provided along the rear property
line/driveway to screen the cars from neighboring properties. If the
driveway is designed to be wide enough to accommodate parking spaces
along one side while still providing safe circulation, those parking
spaces are permitted to count towards the minimum parking spaces required
for the project.
8.
Parking and access driveway requirements for the townhouse units
shall comply with the Residential Site Improvement Standards (RSIS)
and shall be set back a minimum of five feet from all property lines.
9.
Every townhouse unit shall have a garage. Individual townhouse unit
garages shall be permitted in the rear of townhouse units either attached
to the principal structure or as an accessory structure.
10.
The affordable units, which are part of any townhouse project, may
be constructed within multifamily building(s) or stacked townhouses
that are designed to give the appearance of a townhouse unit from
the street.
11.
The minimum distance between townhouse buildings front to front,
or front to rear shall be 50 feet. The minimum distance end to end
or front to side shall be 20 feet. The nearest point of any townhouse
building shall be a minimum of 15 feet from edge of pavement of any
access roadway or parking space.
12.
The minimum gross ground floor area for a townhouse unit shall be
900 square feet.
13.
Permitted accessory uses, buildings and structures shall include
the following:
(a)
Covered and uncovered patios and decks associated with individual
townhouse units.
(b)
Individual and common mailboxes.
(c)
Signage.
(d)
Private garages shall not exceed 16 feet in height.
(e)
HVAC units, utility cabinets/controllers, emergency generators.
(f)
All accessory uses and structures shall comply with the principal
permitted uses building setback requirements.
(g)
All accessory uses and structures shall comply, with the principal
permitted uses and building setback requirements with the exception
of (b), (c) and (e) above.
i.
Open space and amenity requirements.
1.
Common open space area as defined under § 23-10.3.c that
is a minimum of 10% of the gross lot area shall be provided for all
mixed-use or residential projects that are three stories or greater.
The following projects are exempt from these common open space requirements:
(a)
Any project that does not have a residential use is exempt from
the common open space and amenity requirements.
(b)
Common open space as defined under § 23-10.3.c shall
not be required for any development that is located on a property
that is less than 0.40 acre (15,246 square feet).
(c)
Common open space as defined under § 23-10.3.c shall
not be required for any development containing four or fewer residential
dwelling units.
2.
Common open space areas shall be provided on the property and shall
be predominantly located in the front yard; however, they may extend
into any yard or setback area. The common open space shall be safely
and properly connected to the public sidewalk and shall be barrier-free.
3.
Common open space areas shall be improved and maintained by the property
owner or association in perpetuity with provisions to be included
in a developer's agreement or board resolution.
4.
In all mixed-use developments, the common open space shall be designed
as an extension of the commercial use and the streetscape.
5.
Amenity space. A multifamily or mixed-use development containing
10 or more total residential units shall dedicate a minimum of 15%
of the gross floor area of the largest floor on any level for residential
amenities, including but not limited to club rooms, multi-purpose
rooms, and lobbies with seating areas. The amenities may be located
on any building level, provided that the amenities are accessible
to all residents of the project. Such amenities shall be in addition
to required commercial space for mixed-use developments.
j.
Parking regulations.
1.
Off-street parking spaces shall be permitted in a floor constructed
below grade or on the ground floor of a building, provided that such
parking spaces are enclosed in a garage and not visible from the street
or neighboring properties. Additional structured parking shall be
permitted on the second story, provided that the structured parking
is located in the rear of the building with residential units or commercial
spaces fronting on the street.
2.
A level constructed below grade for parking and only incidentally
for other permitted building facilities shall not be considered a
story for height purposes when the average height of the below grade
level as measured around the perimeter of the exterior of the lower
level is not extending above the finished grade by more than four
feet.
3.
Structured parking garages shall be constructed with the same type
of building materials and finishes as the main portion of the building.
4.
Tandem parking is prohibited.
5.
All required parking spaces shall be provided on-site, unless the
developer can provide a written lease agreement for off-site parking
that is within 1,000 feet of the subject property, subject to the
requirements below:
(a)
A contract with a minimum thirty-year period is in place with
the subject property; and
(b)
The contract reflects that, in consideration of maintaining
contractually obligated parking, future changes to the property on
which parking is provided will be subject to review by the Board;
and
(c)
The contract is recorded with the county prior to the issuance
of a development permit.
k.
Complete streets and streetscape. On January 16, 2018, the Township
of Scotch Plains adopted a Complete Streets Policy through Resolution
2018-34. This resolution states that Complete Streets practices and
principles shall be a standard part of everyday operations. In order
to be consistent with the intent and purpose of this policy and to
accommodate the increased pedestrian traffic caused by the increase
in density, all new construction projects shall comply with the Complete
Streets requirements. At the time of preliminary site plan application,
the applicant and/or applicant's professionals shall address
how these measures are being addressed, or why their project site
cannot reasonably address the Complete Streets requirements to the
satisfaction of the Board Engineer and Planner.
l.
Incentive zoning. In order to further incentivize the redevelopment
and revitalization of its downtown, the Township on its own will permit
an increased residential density of up to 30 dwelling units per acre
(30 units/acre), subject to the project satisfying all of the following
conditions without the right to request bulk (c variance) relief from
any of the following requirements from the Planning Board. No project
shall be granted a residential density bonus unless all seven standards
are fully satisfied as part of the development:
1.
An additional 5% of the gross lot area shall be dedicated and constructed as open space for all projects with a gross lot area of 1.0 acre or greater. This additional 5% of open space is to be provided in addition to the common open space that is required in § 23-10.3.i. This additional 5% of open space can be a separately designed open space area from the common open space required under § 23-10.3. All open space areas may be located within building setbacks. The design and location of all open space areas shall be approved by the Planning Board.
2.
The minimum square footage of the market-rate units shall be 600
square feet for a studio apartment, 700 square feet for a one-bedroom
market-rate unit and 850 square feet for a two-bedroom market-rate
unit. All developments shall have a mixture of market-rate bedroom
units in addition to satisfying the affordable housing bedroom distribution
requirements, and no development shall have more than 10% of the total
marke-rate units be studio apartments.
3.
The project shall satisfy the off-street parking requirements as
specified under § 23-10.3.j.
4.
All building elevations are constructed with the same architectural
style and incorporate upscale building materials on all building elevations.
The use of vinyl siding and EIFS shall be prohibited.
5.
A twenty-percent inclusionary affordable housing set-aside shall
be required, regardless of whether the project is rental or for-sale.
6.
The developer shall incorporate Green Design Standards as defined
in this ordinance into the project, subject to review and approval
by the Planning Board.
7.
All dwelling units shall be constructed to the standards as outlined
in the National Fire Protection Association (NFPA) 13 fire protection
codes.
m.
Affordable housing requirements. All projects which consist of five
or more new residential units shall comply with the requirements of
the Township Affordable Housing Ordinance No. 2018-33, and any additional
or supplemental state or federal regulations.
1.
For projects which consist of five or more new residential units,
no fewer than 20% of for-sale units or 15% of for-rental units constructed
shall be set aside as units affordable to very-low, low- and moderate-income
households.
2.
Income distribution. The income distribution for the affordable units
in each project shall be as follows: no more than 50% may be moderate-income
units, at least 37% shall be low-income units and at least 13% shall
be very-low-income units.
3.
Bedroom mix. At least 20% of the affordable units in each project
shall be three-bedroom units; no more than 20% of the affordable units
in each project shall be efficiency and one-bedroom units; at least
30% of the affordable units in each project shall be two-bedroom units;
the balance may be two- or three-bedroom units; at the discretion
of the developer.
4.
The developer shall have an obligation to deed restrict the affordable
units as very-low-, low-, or moderate-income affordable units for
a period of at least 30 years, until such time and under conditions
as the Township elects to release the deed restriction, so that the
Township may count the affordable units against its affordable housing
obligation. The deed restrictions shall be recorded with the County
Clerk, and a copy of the recorded deed shall be forwarded to the Township
Municipal Housing Liaison and Administrative Agent. Any sale of the
property or units shall not affect the length or terms of the deed
restriction.
5.
All affordable units shall comply with the bedroom distribution requirements,
income distribution requirements, pricing requirements, integration
of affordable unit requirements, affirmative marketing requirements,
candidate qualification and screening requirements and deed restriction
requirements of the Township's Affordable Housing Ordinance.
6.
The developer/owner of the affordable units shall contract with an
experienced and duly qualified administrative agent for the administration
of the affordable units. The developer's/owner's administrative
agent may either be the Township Administrative Agent or shall report
to the Township Administrative Agent, and the developer/owner shall
have the obligation to pay all costs associated with affirmatively
marketing and deed restricting the affordable units, income qualifying
residents, and maintaining compliance with the affordability controls
on the affordable units in accordance with this section and the Township's
Affordable Housing Ordinance for the entirety of the deed-restriction
period. The developer/owner and its Administrative Agent shall enable
the Township to comply with the affordable housing monitoring requirements
of the court.
[Added 8-18-2020 by Ord.
No. 2020-10]
a.
Intent and purpose.
1.
The intent and purpose of the Tier 2 Affordable Housing Overlay Zone
District is to provide for the continued redevelopment of the downtown
and address the Township's unmet affordable housing obligation,
in conformance with the requirements of the New Jersey Council on
Affordable Housing ("COAH"), the Settlement Agreement entered into
between the Township of Scotch Plains, Fair Share Housing Center ("FSHC"),
Lamberts Mill, Amberg, ATA Developers, and SP Reserve on January 15,
2018 (hereinafter "Settlement Agreement"), and the Court Order approving
same, which was entered by the Court on April 20, 2018, after a properly
noticed Fairness Hearing, and the Township's Conditional Declaratory
Judgment of Compliance and Repose entered by the Superior Court of
New Jersey on January 9, 2019, and filed by the court on January 11,
2019, which approved the land use regulations and affirmative devices
in the Township's Housing Element and Fair Share Plan to comply
with the Township's constitutional obligation with respect to
affordable housing under the Mount Laurel doctrine.
2.
Downtown revitalization. The Township of Scotch Plains has made a
long- standing commitment to creating a vibrant downtown community
by balancing jobs, housing, recreation, and commercial opportunities
that make it a destination for residents and nonresidents alike. Scotch
Plains has demonstrated this commitment through a legislative history
focused on the downtown area in a series of Master Plan documents
dating back to 1976, and through the preparation of numerous planning
studies dating back to 1984. Recently, the Township has renewed its
focus on downtown revitalization to comply with its affordable housing
settlement and bring downtown into 21st Century development. This
overlay ordinance shall contribute to the revitalization of the downtown
through:
(a)
Incentivizing redevelopment through increased density to help
develop a critical mass of residents and shoppers needed for a successful
and sustainable downtown;
(b)
Focusing on mixed-use development that will promote economic
development leading to additional tax ratables, new jobs, and growth
opportunities to the benefit of the Scotch Plains community;
(c)
Increasing the walkability of the downtown by incentivizing
multi-modal transportation options, including bicycle, pedestrian,
and public transit, therefore reducing the need for cars and associated
parking spaces.
b.
Applicability. The Downtown Affordable Housing Overlay Zone - Tier
2 shall be applied to the following properties and as mapped on Exhibit
A.[1] Any discrepancies between the properties listed under
§ 23-3.2a.45 or § 23-10.4.b and Exhibit A, Exhibit
A shall take precedence. The Official Zoning Map of the Township of
Scotch Plains is hereby amended in accordance with the foregoing and
is incorporated by reference.
|
Block
|
Lot
|
Address
|
Zone
|
|---|---|---|---|
|
401
|
1
|
1578 EAST SECOND ST
|
B-2
|
|
401
|
2
|
1582 EAST SECOND ST
|
B-2
|
|
401
|
3
|
1586 E SECOND ST
|
B-2
|
|
401
|
4.01
|
1590 E SECOND ST
|
B-2
|
|
401
|
4.02
|
1594 E SECOND ST
|
B-2
|
|
402
|
1
|
1602 EAST SECOND ST
|
B-2
|
|
402
|
2
|
1608 EAST SECOND ST
|
B-2
|
|
402
|
3.01
|
1612 E. 2ND ST.
|
B-2
|
|
402
|
21
|
511 BEVERLY AVE
|
B-2
|
|
403
|
1.01
|
1626 E. 2ND ST.
|
B-2
|
|
403
|
3
|
1632 EAST SECOND ST
|
B-2
|
|
403
|
4
|
1636 EAST SECOND ST
|
B-2
|
|
404
|
1
|
1700 EAST SECOND ST
|
B-2
|
|
404
|
2.01
|
1718-1720 EAST SECOND ST
|
B-2
|
|
404
|
2.02
|
1716 EAST SECOND ST
|
B-2
|
|
501
|
15.01
|
1595 EAST SECOND ST
|
B-2
|
|
501
|
17
|
1589 EAST SECOND ST
|
B-2
|
|
501
|
18
|
1583 EAST SECOND ST
|
B-2
|
|
501
|
19
|
1577 EAST SECOND ST
|
B-2
|
|
502
|
14
|
1635 EAST SECOND ST
|
B-2
|
|
502
|
15
|
1629-1631 EAST SECOND ST
|
B-2
|
|
502
|
16
|
1625 EAST SECOND ST
|
B-2
|
|
502
|
17
|
1623 EAST SECOND ST
|
B-2
|
|
502
|
18
|
1619 EAST SECOND ST
|
B-2
|
|
502
|
19
|
1613 EAST SECOND ST
|
B-2
|
|
502
|
21
|
467 GRANT AVE.
|
B-2
|
|
503
|
15
|
1723 EAST SECOND ST
|
B-2
|
|
503
|
16
|
1711 EAST SECOND ST
|
B-2
|
|
503
|
17
|
1707 EAST SECOND ST
|
B-2
|
|
503
|
18
|
1703 EAST SECOND ST
|
B-2
|
|
503
|
19
|
1701 E SECOND ST
|
B-2
|
|
1101
|
1
|
1747 EAST SECOND ST
|
B-2
|
|
1101
|
2
|
1741 EAST SECOND ST
|
B-2
|
|
1101
|
3
|
1735 E SECOND ST
|
B-2
|
|
1101
|
4
|
1729 EAST SECOND ST
|
B-2
|
|
1102
|
1
|
1765-1767 EAST SECOND ST
|
B-2
|
|
1102
|
2
|
1761 EAST SECOND ST
|
B-2
|
|
1102
|
3
|
1757 EAST SECOND ST
|
B-2
|
|
1102
|
4
|
1755 EAST SECOND ST
|
B-2
|
|
1103
|
1
|
1793 EAST SECOND ST
|
B-2
|
|
1103
|
2
|
1791 EAST SECOND ST
|
B-2
|
|
1103
|
3
|
1783 EAST SECOND ST
|
B-2
|
|
1103
|
4.01
|
1781 EAST SECOND STREET
|
B-2
|
|
1103
|
6
|
1773 EAST SECOND STREET
|
B-2
|
|
1104
|
2
|
1811 EAST SECOND ST
|
B-2
|
|
1104
|
3.01
|
1801 EAST SECOND ST
|
B-2
|
|
1201
|
12
|
1730 EAST SECOND ST
|
B-2
|
|
1201
|
13
|
1732 EAST SECOND ST
|
B-2
|
|
1201
|
14
|
1734 EAST SECOND STREET
|
B-2
|
|
1201
|
15
|
1742 EAST SECOND STREET
|
B-2
|
|
1201
|
16
|
1750 E SECOND STREET
|
B-2
|
|
1201
|
17
|
1754 EAST SECOND ST
|
B-2
|
|
1201
|
18
|
1762 EAST SECOND ST
|
B-2
|
|
1201
|
19
|
1764 EAST SECOND ST
|
B-2
|
|
1201
|
20
|
1766 EAST SECOND ST
|
B-2
|
|
1201
|
21
|
1770-1772 EAST SECOND ST
|
B-2
|
|
1201
|
22
|
1774-1778 EAST SECOND ST
|
B-2
|
|
1201
|
23
|
1782 EAST SECOND ST
|
B-2
|
|
1201
|
24
|
1786 EAST SECOND STREET
|
B-2
|
|
1201
|
25
|
1788 EAST SECOND ST
|
B-2
|
|
1201
|
26
|
1794 EAST SECOND ST
|
B-2
|
|
1201
|
27
|
1800 EAST SECOND ST
|
B-2
|
|
1201
|
28
|
1802 EAST SECOND ST
|
B-2
|
|
1201
|
29
|
1806 EAST SECOND ST
|
B-2
|
[1]
Editor's Note: Exhibit A is on file in the Township offices.
c.
COMMON OPEN SPACE
CORE DOWNTOWN AREA
GREEN DESIGN STANDARDS
Definitions. As used in this § 23-10.4, the following terms shall have the meanings indicated:
Land that is part of a development that is designed and intended
for the common use and enjoyment of the residents of the development,
their visitors and the public and that may include such complementary
structures and improvements as are necessary and appropriate for the
development. Examples of such complementary structures and improvements
include passive recreational facilities and/or open spaces, including
walkways, courtyards, terraces, plazas, alleys, gazebos, fountains,
sitting areas, gardens, pocket parks and other similar uses and structures
clearly incidental and supportive of the residents, their visitors
and the public.
All properties located in the B-2 and P Public Lands Zone
Districts which are located in the Tier 1, Phase 1 or Phase 2 and
are located south of the southern right-of-way of Grand Street and
bisecting Block 1001 as if the southern right-of-way line of Grand
Street was extended in a westerly direction and within 250 feet east
or west of the Park Avenue right-of-way extending to the northern
right-of-way of East 2nd Street and Westfield Avenue and as illustrated
on Exhibit B.[2]
The protection of the natural environment is a key element
to Scotch Plains' overall redevelopment efforts. It is strongly
encouraged that the use of green building technologies be incorporated
into all aspects of the project design. Green building (also known
as "green construction" or "sustainable building") is the practice
of creating structures and using processes that are environmentally
responsible and resource-efficient throughout a building's life-cycle:
from initial planning to siting to design, construction, operation,
maintenance, renovation, and demolition.
[2]
Editor's Note: Exhibit B is on file in the Township offices.
d.
Permitted primary uses:
1.
Mixed-use structures combining retail business establishments or personal service establishments on the ground floor or upper floors and containing a nonresidential use that is enumerated and permitted pursuant to § 23-3.11 (B-2 Zone) of the Township of Scotch Plains Ordinances for all properties located in the B-2 Business Zone District with inclusionary apartments on the upper floors. Residential dwelling units are prohibited on the first floor.
2.
Multifamily apartments. Residential units are prohibited on the first
floor.
3.
Townhouses.
e.
Permitted secondary uses:
1.
Secondary uses enumerated in § 23-3.11 (B-2 Zone) shall be permitted on all properties located in the B-2 Zone and P Public Zone.
2.
Uses associated with multifamily residential apartment uses and mixed-use
developments as follows:
(a)
Common open space as defined under § 23-10.4.c.
(b)
Structured multi-level parking garages, provided that any structured
parking is enclosed with the same building materials and finishes
used for the main portion of the mixed-use or multifamily residential
building.
(c)
Amenities ancillary to multifamily residential and mixed-use
developments, such as lobbies, fitness centers, storage areas for
the residents of the multifamily buildings, and common area meeting
rooms for the residents of the building.
f.
Height, area, and bulk requirements for mixed-use and multifamily
apartment buildings.
|
Item
|
B-2 Zone District
| |
|---|---|---|
|
(a)
|
Maximum density
|
15 DU/acre
|
|
(b)
|
Minimum lot area
|
—
|
|
(c)
|
Minimum lot width
|
—
|
|
Minimum lot frontage
|
—
| |
|
(d)
|
Minimum lot depth
|
—
|
|
(e)
|
Maximum building coverage
|
80%
|
|
(f)
|
Maximum impervious lot coverage
|
90%
|
|
(g)
|
Maximum buildings height - Core Downtown Area1
|
4 stories and 50 feet, provided that the 4th story shall be
stepped back 10 feet from the front building wall
|
|
(h)
|
Maximum building height - all properties not located in the
Core Downtown Area
|
3 stories and 45 feet
|
|
(i)
|
Common open space as defined under § 23-10.3.c
|
10% of the gross lot area as applicable and as further specified
under § 23-10.3.c
|
|
(j)
|
Minimum front yard setback (for buildings 3 stories or less)
|
10 feet
|
|
(k)
|
Minimum front yard setback (for buildings greater than 3 stories)
|
15 feet
|
|
(l)
|
Minimum side yard setback - one side (for buildings 3 stories
or less)
|
0 feet
|
|
(m)
|
Minimum side yard setback - both sides (for buildings 3 stories
or less)
|
15 feet
|
|
(n)
|
Minimum side yard setback - one side (for buildings greater
than 3 stories)
|
10 feet
|
|
(o)
|
Minimum side yard setback - both sides (for buildings greater
than 3 stories)
|
25 feet
|
|
(p)
|
Minimum side yard setback - Corner Lot
|
10 feet
|
|
(q)
|
Rear yard setback
|
30 feet
|
|
Notes:
| |
|---|---|
|
1
|
The distance from the existing surface grade elevation to the
flood hazard area design flood elevation as defined by N.J.A.C. 7:13
NJDEP Flood Hazard Area Control Act Rules shall not count towards
the maximum building height requirements.
|
g.
Multifamily and mixed-use residential design requirements.
1.
Residential (apartment) uses or offices may occupy the second or
third floor (or the fourth floor where permitted) of a building. Separate
and discrete entrances for each use shall be provided to the street
level. There shall be no mixed uses (apartments and offices or commercial
uses) on any floor.
2.
Three-bedroom or greater market-rate apartment dwelling units are
prohibited.
3.
The minimum gross square footage of the commercial floor area on
the ground or first floor of any mixed-use building shall be no less
than 20% of the gross floor area of the largest floor of the building
on any level. The commercial space and its primary entrance shall
be oriented to and located along the street frontage of the property.
4.
Wherever a multifamily apartment building or mixed-use building is
on a lot which abuts a residence zone, a ten-foot-wide landscaped
buffer area shall be provided adjacent to the residential use or zone
boundary in a manner approved by the approving authority. Such buffer
area shall be suitably planted and maintained with landscaping materials
of such species and sizes so as to preclude any detrimental effect
upon the adjacent residence zone.
5.
In order to maintain a vibrant downtown for all residents of the
Township of Scotch Plains, only mixed-use developments as defined
in this section shall be permitted to be constructed within the Core
Downtown Area as defined under § 23-10.4.c (Exhibit B) or
on any property that contains frontage along Park Avenue, East 2nd
Street or Westfield Avenue as shown on Exhibit A.
h.
Townhouse design requirements.
1.
A minimum of four townhouses and a maximum of six townhouses shall
be located in the same building.
2.
No more than two contiguous townhouse dwelling units shall be located
on the same setback line.
3.
Variations in front setbacks between contiguous townhouse dwelling
units shall not be less than one foot.
4.
All townhouse units shall have an individual backyard. Each townhouse
unit backyard is required to be separated from the adjacent unit's
yard by a solid fence or wall. Fences shall not exceed six feet in
height.
5.
All townhouse units shall front on and have their main entrance located
extending from the public right-of-way.
6.
Off-street parking shall be located in the rear of the townhouse
unit. Parking in the front yard and garages located in the front of
townhouse units are prohibited.
7.
A private driveway shall be provided along the rear of a row of townhomes
in order to permit vehicles to access the rear of the townhouse units.
A six-foot-high solid fence shall be provided along the rear property
line/driveway to screen the cars from neighboring properties. If the
driveway is designed to be wide enough to accommodate parking spaces
along one side while still providing safe circulation, those parking
spaces are permitted to count towards the minimum parking spaces required
for the project.
8.
Parking and access driveway requirements for the townhouse units
shall comply with the Residential Site Improvement Standards (RSIS)
and shall be set back a minimum of five feet from all property lines.
9.
Every townhouse unit shall have a garage. Individual townhouse unit
garages shall be permitted in the rear of townhouse units, either
attached to the principal structure or as an accessory structure.
10.
The affordable units, which are part of any townhouse project, may
be constructed within multifamily building(s) or stacked townhouses
that are designed to give the appearance of a townhouse unit from
the street.
11.
The minimum distance between townhouse buildings front to front,
or front to rear shall be 50 feet. The minimum distance end to end
or front to side shall be 20 feet. The nearest point of any townhouse
building shall be a minimum of 15 feet from edge of pavement of any
access roadway or parking space.
12.
The minimum gross ground floor area for a townhouse unit shall be
900 square feet.
13.
Permitted accessory uses, buildings and structures shall include
the following:
(a)
Covered and uncovered patios and decks associated with individual
townhouse units.
(b)
Individual and common mailboxes.
(c)
Signage.
(d)
Private garages shall not exceed 16 feet in height.
(e)
HVAC units, utility cabinets/controllers, emergency generators.
(f)
All accessory uses and structures shall comply with the principal
permitted uses building setback requirements.
(g)
All accessory uses and structures shall comply with the principal
permitted uses and building setback requirements, with the exception
of (b), (c) and (e) above.
i.
Open space and amenity requirements.
1.
Common open space area, as defined under § 23-10.4.c that
is a minimum of 10% of the gross lot area shall be provided for all
mixed-use or residential projects that are three stories or greater.
The following projects are exempt from these common open space requirements:
(a)
Any project that does not have a residential use is exempt from
the common open space and amenity requirements.
(b)
Common open space as defined under § 23-10.4.c shall
not be required for any development that is located on a property
that is less than 0.40 acre (15,246 square feet).
(c)
Common open space as defined under § 23-10.4.c shall
not be required for any development containing four or fewer residential
dwelling units.
2.
Common open space areas shall be provided on the property and shall
be predominantly located in the front yard; however they may extend
into any yard or setback area. The common open space shall be safely
and properly connected to the public sidewalk and shall be barrier-free.
3.
Common open space areas shall be improved and maintained by the property
owner or association in perpetuity with provisions to be included
in a developer's agreement or board resolution.
4.
In all mixed-use developments, the common open space shall be designed
as an extension of the commercial use and the streetscape.
5.
Amenity space. A multifamily or mixed-use development containing
10 or more total residential units shall dedicate a minimum of 15%
of the gross floor area of the largest floor on any level for residential
amenities, including but not limited to club rooms, multipurpose rooms,
and lobbies with seating areas. The amenities may be located on any
building level, provided that the amenities are accessible to all
residents of the project. Such amenities shall be in addition to required
commercial space for mixed-use developments.
j.
Parking regulations.
1.
Off-street parking spaces shall be permitted in a floor constructed
below grade or on the ground floor of a building, provided that such
parking spaces are enclosed in a garage and not visible from the street
or neighboring properties. Additional structured parking shall be
permitted on the second story, provided that the structured parking
is located in the rear of the building, with residential units or
commercial spaces fronting on the street.
2.
A level constructed below grade for parking and only incidentally
for other permitted building facilities shall not be considered a
story for height purposes when the average height of the below grade
level as measured around the perimeter of the exterior of the lower
level is not extending above the finished grade by more than four
feet.
3.
Structured parking garages shall be constructed with the same type
of building materials and finishes as the main portion of the building.
4.
Tandem parking is prohibited.
5.
All required parking spaces shall be provided on-site, unless the
developer can provide a written lease agreement for off-site parking
that is within 1,000 feet of the subject property, subject to the
requirements below:
(a)
A contract with a minimum thirty-year period is in place with
the subject property; and
(b)
The contract reflects that, in consideration of maintaining
contractually obligated parking, future changes to the property on
which parking is provided will be subject to review by the Board;
and
(c)
The contract is recorded with the county prior to the issuance
of a development permit.
6.
Minimum required off-street parking spaces. The minimum number of
off-street parking spaces shall comply with the Residential Site Improvement
Standards (RSIS) for all residential uses and the applicable Township
ordinances for all nonresidential uses.
k.
Complete Streets and streetscape. On January 16, 2018, the Township
of Scotch Plains adopted a Complete Streets Policy through Resolution
2018-34. This resolution states that Complete Streets practices and
principles shall be a standard part of everyday operations. In order
to be consistent with the intent and purpose of this policy and to
accommodate the increased pedestrian traffic caused by the increase
in density, all new construction projects shall comply with the Complete
Streets requirements. At the time of preliminary site plan application,
the applicant and/or applicant's professionals shall address
how these measures are being addressed, or why their project site
cannot reasonably address the Complete Streets requirements to the
satisfaction of the Board Engineer and Planner.
l.
Incentive zoning. In order to further incentivize the redevelopment
and revitalization of its downtown, the Township on its own will permit
an increased residential density of up to 22.5 dwelling units per
acre (22.5 units/acre), subject to the project satisfying all of the
following conditions without the right to request bulk (c variance)
relief from any of the following requirements from the Planning Board.
No project shall be granted a residential density bonus unless all
seven standards are fully satisfied as part of the development:
1.
An additional 5% of the gross lot area shall be dedicated and constructed as open space for all projects with a gross lot area of 1.0 acre or greater. This additional 5% of open space is to be provided in addition to the common open space that is required in § 23-10.4.i. This additional 5% of open space can be a separately designed open space area from the common open space required under § 23-10.3. All open space areas may be located within building setbacks. The design and location of all open space areas shall be approved by the Planning Board.
2.
The minimum square footage of the market-rate units shall be 600
square feet for a studio apartment, 700 square feet for a one-bedroom
market-rate unit and 850 square feet for a two-bedroom market-rate
unit. All developments shall have a mixture of market-rate bedroom
units in addition to satisfying the affordable housing bedroom distribution
requirements, and no development shall have more than 10% of the total
market-rate units be studio apartments.
3.
The project shall satisfy the off-street parking requirements as
specified under § 23-10.4.j.
4.
All building elevations are constructed with the same architectural
style and incorporate upscale building materials on all building elevations.
The use of vinyl siding and EIFS shall be prohibited.
5.
A 20% inclusionary affordable housing setaside shall be required,
regardless of whether the project is rental or for-sale.
6.
The developer shall incorporate Green Design Standards as defined
in this ordinance into the project, subject to review and approval
by the Planning Board.
7.
All dwelling units shall be constructed to the standards as outlined
in the National Fire Protection Association (NFPA) 13 fire protection
codes.
m.
Affordable housing requirements. All projects which consist of five
or more new residential units shall comply with the requirements of
the Township Affordable Housing Ordinance No. 2018-33, and any additional
or supplemental state or federal regulations.
1.
For projects which consist of five or more new residential units,
no fewer than 20% of for-sale units or 15% of for-rental units constructed
shall be set aside as units affordable to very-low-, low-, and moderate-income
households.
2.
Income distribution. The income distribution for the affordable units
in each project shall be as follows: no more than 50% may be moderate-income
units, at least 37% shall be low-income units and at least 13% shall
be very-low-income units.
3.
Bedroom mix. At least 20% of the affordable units in each project
shall be three-bedroom units; no more than 20% of the affordable units
in each project shall be efficiency and one-bedroom units; at least
30% of the affordable units in each project shall be two-bedroom units;
the balance may be two- or three-bedroom units; at the discretion
of the developer.
4.
The developer shall have an obligation to deed restrict the affordable
units as very-low-, low-, or moderate-income affordable units for
a period of at least 30 years, until such time and under conditions
as the Township elects to release the deed restriction, so that the
Township may count the affordable units against its affordable housing
obligation. The deed restrictions shall be recorded with the County
Clerk, and a copy of the recorded deed shall be forwarded to the Township
Municipal Housing Liaison and Administrative Agent. Any sale of the
property or units shall not affect the length or terms of the deed
restriction.
5.
All affordable units shall comply with the bedroom distribution requirements,
income distribution requirements, pricing requirements, integration
of affordable unit requirements, affirmative marketing requirements,
candidate qualification and screening requirements and deed restriction
requirements of the Township's Affordable Housing Ordinance.
6.
The developer/owner of the affordable units shall contract with an
experienced and duly qualified administrative agent for the administration
of the affordable units. The developer's/owner's administrative
agent may either be the Township Administrative Agent or shall report
to the Township Administrative Agent, and the developer/owner shall
have the obligation to pay all costs associated with affirmatively
marketing and deed restricting the affordable units, income qualifying
residents, and maintaining compliance with the affordability controls
on the affordable units in accordance with this section and the Township's
Affordable Housing Ordinance for the entirety of the deed-restriction
period. The developer/owner and its administrative agent shall enable
the Township to comply with the affordable housing monitoring requirements
of the court.
[Added 8-18-2020 by Ord.
No. 2020-11]
a.
Intent and purpose.
1.
The intent and purpose of the Tier 3 Affordable Housing Overlay Zone
District is to provide for the continued redevelopment of the downtown
and address the Township's unmet affordable housing obligation,
in conformance with the requirements of the New Jersey Council on
Affordable Housing ("COAH"), the settlement agreement entered into
between the Township of Scotch Plains, Fair Share Housing Center ("FSHC"),
Lamberts Mill, Amberg, ATA Developers, and SP Reserve on January 15,
2018 (hereinafter "settlement agreement"), and the court order approving
same, which was entered by the court on April 20, 2018, after a properly
noticed fairness hearing, and the Township's conditional declaratory
judgment of compliance and repose entered by the Superior Court of
New Jersey on January 9, 2019, and filed by the court on January 11,
2019, which approved the land use regulations and affirmative devices
in the Township's Housing Element and Fair Share Plan to comply
with the Township's constitutional obligation with respect to
affordable housing under the Mount Laurel doctrine.
2.
Downtown revitalization. The Township of Scotch Plains has made a
long-standing commitment to creating a vibrant downtown community
by balancing jobs, housing, recreation, and commercial opportunities
that make it a destination for residents and nonresidents alike. Scotch
Plains has demonstrated this commitment through a legislative history
focused on the downtown area in a series of Master Plan documents
dating back to 1976, and through the preparation of numerous planning
studies dating back to 1984. Recently, the Township has renewed its
focus on downtown revitalization to comply with its affordable housing
settlement and bring downtown into 21st Century development. This
overlay ordinance shall contribute to the revitalization of the downtown
through:
(a)
Incentivizing redevelopment through increased density to help
develop a critical mass of residents and shoppers needed for a successful
and sustainable downtown;
(b)
Focusing on mixed-use development that will promote economic
development leading to additional tax ratables, new jobs, and growth
opportunities to the benefit of the Scotch Plains community;
(c)
Increasing the walkability of the downtown by incentivizing
multi-modal transportation options, including bicycle, pedestrian,
and public transit, therefore reducing the need for cars and associated
parking spaces.
b.
Applicability. The Downtown Affordable Housing Overlay Zone - Tier
3 shall be applied to the following properties and as mapped on Exhibit
A.[1] Any discrepancies between the properties listed under
§ 23-3.2a.46 or § 23-10.5.b and Exhibit A, Exhibit
A shall take precedence. The Official Zoning Map of the Township of
Scotch Plains is hereby amended in accordance with the foregoing and
is incorporated by reference.
|
Block
|
Lot
|
Address
|
Zone
|
|---|---|---|---|
|
101
|
1.01
|
375 TERRILL ROAD
|
B-2
|
|
101
|
2
|
1509 FRONT ST
|
B-2
|
|
101
|
4
|
363 TERRILL RD
|
B-2
|
|
101
|
5
|
1508 GABLES ST
|
B-2
|
|
101
|
6
|
1514 GABLES ST
|
B-2
|
|
101
|
10
|
1513 GABLES ST
|
B-2
|
|
101
|
11
|
349 TERRILL ROAD
|
B-2
|
|
101
|
12
|
347 TERRILL ROAD
|
B-2
|
|
101
|
13
|
345 TERRILL ROAD
|
B-2
|
|
101
|
17
|
325 TERRILL ROAD REAR
|
B-2
|
|
101
|
18
|
325 TERRILL ROAD
|
B-2
|
|
201
|
22
|
401 TERRILL ROAD
|
B-2
|
|
201
|
23.01
|
1508 FRONT STREET
|
B-2
|
|
201
|
23.02
|
425 TERRILL ROAD
|
B-2
|
|
203
|
3.01
|
445 TERRILL ROAD
|
B-2
|
|
203
|
3.02
|
451 TERRILL ROAD
|
B-2
|
|
204
|
5
|
475 TERRILL ROAD
|
B-2
|
|
301
|
2
|
1520 EAST SECOND ST
|
B-2
|
|
301
|
3
|
514 MARTIN PLACE
|
B-2
|
|
301
|
4
|
505 TERRILL ROAD
|
B-2
|
|
301
|
5
|
511 TERRILL ROAD
|
B-2
|
|
301
|
7
|
519 TERRILL ROAD
|
B-2
|
|
301
|
8
|
521 TERRILL ROAD
|
B-2
|
|
301
|
9
|
525 TERRILL ROAD
|
B-2
|
|
301
|
10
|
529 TERRILL ROAD
|
B-2
|
|
301
|
11
|
531 TERRILL ROAD
|
B-2
|
|
301
|
12
|
535 TERRILL ROAD
|
B-2
|
|
301
|
13
|
REAR OF 520 MARTIN PLACE
|
B-2
|
|
301
|
14
|
520 MARTIN PLACE
|
B-2
|
[1]
Editor's Note: Exhibit A is on file in the Township offices.
c.
COMMON OPEN SPACE
CORE DOWNTOWN AREA
GREEN DESIGN STANDARDS
Definitions. As used in this § 23-10.5, the following terms shall have the meanings indicated:
Land that is part of a development that is designed and intended
for the common use and enjoyment of the residents of the development,
their visitors and the public and that may include such complementary
structures and improvements as are necessary and appropriate for the
development. Examples of such complementary structures and improvements
include passive recreational facilities and/or open spaces, including
walkways, courtyards, terraces, plazas, alleys, gazebos, fountains,
sitting areas, gardens, pocket parks and other similar uses and structures
clearly incidental and supportive of the residents, their visitors
and the public.
All properties located in the B-2 and P Public Lands Zone
Districts which are located in the Tier 1, Phase 1 or Phase 2 and
are located south of the southern right-of-way of Grand Street and
bisecting Block 1001 as if the southern right-of-way line of Grand
Street was extended in a westerly direction and within 250 feet east
or west of the Park Avenue right-of-way extending to the northern
right-of-way of East 2nd Street and Westfield Avenue and as illustrated
on Exhibit B.[2]
The protection of the natural environment is a key element
to Scotch Plains' overall redevelopment efforts. It is strongly
encouraged that the use of green building technologies be incorporated
into all aspects of the project design. Green Building (also known
as "green construction" or "sustainable building") is the practice
of creating structures and using processes that are environmentally
responsible and resource-efficient throughout a building's life-cycle:
from initial planning to siting to design, construction, operation,
maintenance, renovation, and demolition.
[2]
Editor's Note: Exhibit B is on file in the Township offices.
d.
Permitted primary uses:
1.
Mixed-use structures combining retail business establishments or personal service establishments on the ground floor or upper floors and containing a nonresidential use that is enumerated and permitted pursuant to § 23-3.11 (B-2 Zone) of the Township of Scotch Plains Ordinances for all properties located in the B-2 Business Zone District, with inclusionary apartments on the upper floors. Residential dwelling units are prohibited on the first floor.
2.
Multifamily apartments. Residential units are prohibited on the first
floor.
3.
Townhouses.
e.
Permitted secondary uses:
1.
Secondary uses enumerated in § 23-3.11 (B-2 Zone) shall be permitted on all properties located in the B-2 Zone and P Public Zone.
2.
Uses associated with multifamily residential apartment uses and mixed-use
developments as follows:
(a)
Common open space as defined under § 23-10.5.c.
(b)
Structured multi-level parking garages, provided that any structured
parking is enclosed with the same building materials and finishes
used for the main portion of the mixed-use or multifamily residential
building.
(c)
Amenities ancillary to multifamily residential and mixed-use
developments, such as lobbies, fitness centers, storage areas for
the residents of the multifamily buildings, and common area meeting
rooms for the residents of the building.
f.
Height, area, and bulk requirements for mixed-use and multifamily
apartment buildings.
|
Item
|
B-2 Zone District
| |
|---|---|---|
|
(a)
|
Maximum density
|
12 DU/acre
|
|
(b)
|
Minimum lot area
|
—
|
|
(c)
|
Minimum lot width
|
—
|
|
Minimum lot frontage
|
—
| |
|
(d)
|
Minimum lot depth
|
—
|
|
(e)
|
Maximum building coverage
|
80%
|
|
(f)
|
Maximum impervious lot coverage
|
90%
|
|
(g)
|
Maximum buildings height - Core Downtown Area1
|
4 stories and 50 feet, provided that the 4th story shall be
stepped back 10 feet from the front building wall
|
|
(h)
|
Maximum building height - all properties not located in the
Core Downtown Area
|
3 stories and 45 feet
|
|
(i)
|
Common open space as defined under § 23-10.5.c
|
10% of the gross lot area as applicable and as further specified
under § 23-10.5.c
|
|
(j)
|
Minimum front yard setback (for buildings 3 stories or less)
|
10 feet
|
|
(k)
|
Minimum front yard setback (for buildings greater than 3 stories)
|
15 feet
|
|
(l)
|
Minimum side yard setback - one side (for buildings 3 stories
or less)
|
0 feet
|
|
(m)
|
Minimum side yard setback - both sides (for buildings 3 stories
or less)
|
15 feet
|
|
(n)
|
Minimum side yard setback - one side (for buildings greater
than 3 stories)
|
10 feet
|
|
(o)
|
Minimum side yard setback - both sides (for buildings greater
than 3 stories)
|
25 feet
|
|
(p)
|
Minimum side yard setback - corner lot
|
10 feet
|
|
(q)
|
Rear yard setback
|
30 feet
|
|
Notes:
| |
|---|---|
|
1
|
The distance from the existing surface grade elevation to the
flood hazard area design flood elevation as defined by N.J.A.C. 7:13
NJDEP Flood Hazard Area Control Act Rules shall not count towards
the maximum building height requirements.
|
g.
Multifamily and mixed-use residential design requirements.
1.
Residential (apartment) uses or offices may occupy the second or
third floor (or the fourth floor where permitted) of a building. Separate
and discrete entrances for each use shall be provided to the street
level. There shall be no mixed uses (apartments and offices or commercial
uses) on any floor.
2.
Three-bedroom or greater market-rate apartment dwelling units are
prohibited.
3.
The minimum gross square footage of the commercial floor area on
the ground or first floor of any mixed-use building shall be no less
than 20% of the gross floor area of the largest floor of the building
on any level. The commercial space and its primary entrance shall
be oriented to and located along the street frontage of the property.
4.
Wherever a multifamily apartment building or mixed-use building is
on a lot which abuts a residence zone, a ten-foot-wide landscaped
buffer area shall be provided adjacent to the residential use or zone
boundary in a manner approved by the approving authority. Such buffer
area shall be suitably planted and maintained with landscaping materials
of such species and sizes so as to preclude any detrimental effect
upon the adjacent residence zone.
5.
In order to maintain a vibrant downtown for all residents of the
Township of Scotch Plains, only mixed-use developments as defined
in this ordinance shall be permitted to be constructed within the
Core Downtown Area as defined under § 23-10.5.c (Exhibit
B[3]) or on any property that contains frontage along Park
Avenue, East 2nd Street or Westfield Avenue as shown on Exhibit A.[4]
h.
Townhouse design requirements.
1.
A minimum of four townhouses and a maximum of six townhouses shall
be located in the same building.
2.
No more than two contiguous townhouse dwelling units shall be located
on the same setback line.
3.
Variations in front setbacks between contiguous townhouse dwelling
units shall not be less than one foot.
4.
All townhouse units shall have an individual backyard. Each townhouse
unit backyard is required to be separated from the adjacent unit's
yard by a solid fence or wall. Fences shall not exceed six feet in
height.
5.
All townhouse units shall front on and have their main entrance located
extending from the public right-of-way.
6.
Off-street parking shall be located in the rear of the townhouse
unit. Parking in the front yard and garages located in the front of
townhouse units are prohibited.
7.
A private driveway shall be provided along the rear of a row of townhomes
in order to permit vehicles to access the rear of the townhouse units.
A six-foot-high solid fence shall be provided along the rear property
line/driveway to screen the cars from neighboring properties. If the
driveway is designed to be wide enough to accommodate parking spaces
along one side while still providing safe circulation, those parking
spaces are permitted to count towards the minimum parking spaces required
for the project.
8.
Parking and access driveway requirements for the townhouse units
shall comply with the Residential Site Improvement Standards (RSIS)
and shall be set back a minimum of five feet from all property lines.
9.
Every townhouse unit shall have a garage. Individual townhouse unit
garages shall be permitted in the rear of townhouse units, either
attached to the principal structure or as an accessory structure.
10.
The affordable units, which are part of any townhouse project, may
be constructed within multifamily building(s) or stacked townhouses
that are designed to give the appearance of a townhouse unit from
the street.
11.
The minimum distance between townhouse buildings front to front or
front to rear shall be 50 feet. The minimum distance end to end or
front to side shall be 20 feet. The nearest point of any townhouse
building shall be a minimum of 15 feet from edge of pavement of any
access roadway or parking space.
12.
The minimum gross ground floor area for a townhouse unit shall be
900 square feet.
13.
Permitted accessory uses, buildings and structures shall include
the following:
(a)
Covered and uncovered patios and decks associated with individual
townhouse units.
(b)
Individual and common mailboxes.
(c)
Signage.
(d)
Private garages shall not exceed 16 feet in height.
(e)
HVAC units, utility cabinets/controllers, emergency generators.
(f)
All accessory uses and structures shall comply with the principal
permitted uses building setback requirements.
(g)
All accessory uses and structures shall comply with the principal
permitted uses and building setback requirements, with the exception
of (b), (c) and (e) above.
i.
Open space and amenity requirements.
1.
Common open space area as defined under § 23-10.5.c that
is a minimum of 10% of the gross lot area shall be provided for all
mixed-use or residential projects that are three stories or greater.
The following projects are exempt from these common open space requirements:
(a)
Any project that does not have a residential use is exempt from
the common open space and amenity requirements.
(b)
Common open space as defined under § 23-10.5.c shall
not be required for any development that is located on a property
that is less than 0.40 acre (15,246 square feet).
(c)
Common open space as defined under § 23-10.5.c shall
not be required for any development containing four or fewer residential
dwelling units.
2.
Common open space areas shall be provided on the property and shall
be predominantly located in the front yard; however, it may extend
into any yard or setback area. The common open space shall be safely
and properly connected to the public sidewalk and shall be barrier-free.
3.
Common open space areas shall be improved and maintained by the property
owner or association in perpetuity with provisions to be included
in a developer's agreement or board resolution.
4.
In all mixed-use developments, the common open space shall be designed
as an extension of the commercial use and the streetscape.
5.
Amenity space. A multifamily or mixed-use development containing
10 or more total residential units shall dedicate a minimum of 15%
of the gross floor area of the largest floor on any level for residential
amenities, including but not limited to club rooms, multipurpose rooms,
and lobbies with seating areas. The amenities may be located on any
building level, provided that the amenities are accessible to all
residents of the project. Such amenities shall be in addition to required
commercial space for mixed-use developments.
j.
Parking regulations.
1.
Off-street parking spaces shall be permitted in a floor constructed
below grade or on the ground floor of a building, provided that such
parking spaces are enclosed in a garage and not visible from the street
or neighboring properties. Additional structured parking shall be
permitted on the second story, provided that the structured parking
is located in the rear of the building with residential units or commercial
spaces fronting on the street.
2.
A level constructed below grade for parking and only incidentally
for other permitted building facilities shall not be considered a
story for height purposes when the average height of the below grade
level as measured around the perimeter of the exterior of the lower
level is not extending above the finished grade by more than four
feet.
3.
Structured parking garages shall be constructed with the same type
of building materials and finishes as the main portion of the building.
4.
Tandem parking is prohibited.
5.
All required parking spaces shall be provided on-site, unless the
developer can provide a written lease agreement for off-site parking
that is within 1,000 feet of the subject property, subject to the
requirements below:
(a)
A contract with a minimum thirty-year period is in place with
the subject property; and
(b)
The contract reflects that, in consideration of maintaining
contractually obligated parking, future changes to the property on
which parking is provided will be subject to review by the Board;
and
(c)
The contract is recorded with the county prior to the issuance
of a development permit.
6.
Minimum required off-street parking spaces. The minimum number of
off-street parking spaces shall comply with the Residential Site Improvement
Standards (RSIS) for all residential uses and the applicable Township
Ordinances for all nonresidential uses.
k.
Complete streets and streetscape. On January 16, 2018, the Township
of Scotch Plains adopted a Complete Streets Policy through Resolution
2018-34. This resolution states that Complete Streets practices and
principles shall be a standard part of everyday operations. In order
to be consistent with the intent and purpose of this policy and to
accommodate the increased pedestrian traffic caused by the increase
in density, all new construction projects shall comply with the Complete
Streets requirements. At the time of preliminary site plan application,
the applicant and/or applicant's professionals shall address
how these measures are being addressed, or why their project site
cannot reasonably address the Complete Streets requirements to the
satisfaction of the Board Engineer and Planner.
l.
Incentive zoning. In order to further incentivize the redevelopment
and revitalization of its downtown, the Township on its own will permit
an increased residential density of up to 18 dwelling units per acre
(18 units/acre), subject to the project satisfying all of the following
conditions without the right to request bulk (c variance) relief from
any of the following requirements from the Planning Board. No project
shall be granted a residential density bonus unless all seven standards
are fully satisfied as part of the development:
1.
An additional 5% of the gross lot area shall be dedicated and constructed as open space for all projects with a gross lot area of 1.0 acre or greater. This additional 5% of open space is to be provided in addition to the common open space that is required in § 23-10.5.i. This additional 5% of open space can be a separately designed open space area from the common open space required under § 23-10.5. All open space areas may be located within building setbacks. The design and location of all open space areas shall be approved by the Planning Board.
2.
The minimum square footage of the market-rate units shall be 600
square feet for a studio apartment, 700 square feet for a one-bedroom
market-rate unit and 850 square feet for a two-bedroom market-rate
unit. All developments shall have a mixture of market-rate bedroom
units in addition to satisfying the affordable housing bedroom distribution
requirements, and no development shall have more than 10% of the total
market-rate units be studio apartments.
3.
The project shall satisfy the off-street parking requirements as
specified under § 23-10.5.j.
4.
All building elevations are constructed with the same architectural
style and incorporate upscale building materials on all building elevations.
The use of vinyl siding and EIFS shall be prohibited.
5.
A twenty-percent inclusionary affordable housing setaside shall be
required, regardless of whether the project is rental or for-sale.
6.
The developer shall incorporate Green Design Standards as defined
in this ordinance into the project, subject to review and approval
by the Planning Board.
7.
All dwelling units shall be constructed to the standards as outlined
in the National Fire Protection Association (NFPA) 13 fire protection
codes.
m.
Affordable housing requirements. All projects which consist of five
or more new residential units shall comply with the requirements of
the Township Affordable Housing Ordinance No. 2018-33, and any additional
or supplemental state or federal regulations.
1.
For projects which consist of five or more new residential units,
no fewer than 20% of for-sale units or 15% of for-rental units constructed
shall be set aside as units affordable to very-low-, low-, and moderate-income
households.
2.
Income distribution. The income distribution for the affordable units
in each project shall be as follows: no more than 50% may be moderate-income
units, at least 37% shall be low-income units and at least 13% shall
be very-low-income units.
3.
Bedroom mix. At least 20% of the affordable units in each project
shall be three-bedroom units; no more than 20% of the affordable units
in each project shall be efficiency and one-bedroom units; at least
30% of the affordable units in each project shall be two-bedroom units;
the balance may be two- or three-bedroom units; at the discretion
of the developer.
4.
The developer shall have an obligation to deed restrict the affordable
units as very-low-, low-, or moderate-income affordable units for
a period of at least 30 years, until such time and under conditions
as the Township elects to release the deed restriction, so that the
Township may count the affordable units against its affordable housing
obligation. The deed restrictions shall be recorded with the County
Clerk, and a copy of the recorded deed shall be forwarded to the Township
Municipal Housing Liaison and Administrative Agent. Any sale of the
property or units shall not affect the length or terms of the deed
restriction.
5.
All affordable units shall comply with the bedroom distribution requirements,
income distribution requirements, pricing requirements, integration
of affordable unit requirements, affirmative marketing requirements,
candidate qualification and screening requirements and deed restriction
requirements of the Township's Affordable Housing Ordinance.
6.
The developer/owner of the affordable units shall contract with an
experienced and duly qualified administrative agent for the administration
of the affordable units. The developer's/owner's administrative
agent may either be the Township Administrative Agent or shall report
to the Township Administrative Agent, and the developer/owner shall
have the obligation to pay all costs associated with affirmatively
marketing and deed restricting the affordable units, income qualifying
residents, and maintaining compliance with the affordability controls
on the affordable units in accordance with this section and the Township's
Affordable Housing Ordinance for the entirety of the deed-restriction
period. The developer/owner and its administrative agent shall enable
the Township to comply with the affordable housing monitoring requirements
of the court.
