TOWNSHIP OF MOORESTOWN ORDINANCE NO

Transcription

1 TOWNSHIP OF MOORESTOWN ORDINANCE NO AN ORDINANCE OF THE TOWNSHIP OF MOORESTOWN AMENDING CHAPTER 180 ENTITLED ZONING TO REVISE THE ZONING MAP OF THE TOWNSHIP OF MOORESTOWN FOR BLOCK 4801, LOT 12, (160 WEST ROUTE 38) AND TO CREATE THE AMF-1 AFFORDABLE MULTI-FAMILY RESIDENCE 1 DISTRICT WHEREAS, the Township of Moorestown entered into a Settlement Agreement with Fair Share Housing Center on March 16, 2018 (hereinafter the Settlement Agreement ) that determines the municipality s affordable housing obligation and the preliminary compliance plan for how the obligation will be addressed; and WHEREAS, the Township s preliminary compliance plan included in the Settlement Agreement included development of Block 4801, Lot 12 (160 West Route 38) with affordable housing; and WHEREAS, the zoning amendments herein support development of Block 4801, Lot 12 (160 West Route 38) consistent with the preliminary compliance plan included in the Settlement Agreement; and WHEREAS, the revisions to the zoning map, and creation of the AMF-1 Zoning District, are intended to follow the property lines of Block 4801, Lot 12 (160 West Route 38); and WHEREAS, the Planning Board of the Township of Moorestown has adopted a Master Plan, adopted on April 3, 2014, that comprehensively provides for the appropriate use and development of lands in the Township in a manner which will promote the public health, safety, morals, and general welfare; and WHEREAS, the Municipal Land Use Law at N.J.S.A. 40:55D-62a requires substantial consistency of the provisions regulating zoning and land use with the adopted Land Use Plan Element; however, a governing body may adopt a zoning ordinance or zoning map wholly or partly inconsistent with such land use plan element provided that the reasons for so doing are set forth in a resolution and recorded in its minutes; and WHEREAS, the Township of Moorestown, as a municipality in the State of New Jersey, hereby declares that pursuant to the purposes of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-2, that the Ordinance promotes the public health, safety, morals, and general welfare and that it implements the preliminary compliance plan included in the Settlement Agreement with FSHC, as well as advances the Township s efforts to meet its constitutional obligation to provide its fair share of low and moderate income housing; and WHEREAS, Township Council formally refers this Ordinance to the Planning Board for examination, discussion, and recommendations at the Planning Board meeting of May 3, 2018; and

2 WHEREAS, the adoption of this Ordinances was appropriately noticed pursuant to Municipal Land Use Law at N.J.S.A. 40:55D-15 and 40: 55D-62.1; and NOW THEREFORE BE IT ORDAINED, by the Council of the Township of Moorestown, County of Burlington, and State of New Jersey, as follows: Section 1. Article II within Chapter 180 entitled Zoning is hereby supplemented and amended as follows (deletions are indicated thus; additions are indicated thus): Establishment of zoning districts For the purposes of this chapter, the area of the Township of Moorestown is hereby divided into zones or districts (hereinafter referred to as "districts") designated respectively as follows: AMF-1 Affordable Multi-family Residence 1 District Section Zoning Map; boundaries The boundary of the AMF-1 Affordable Multi-family Residence District shall be applied to Block 4801, Lot 12 Section 3. Article VII within Chapter 180 entitled Zoning is hereby amended as follows (deletions are indicated thus; additions are indicated thus): Article VII Reserved Section 4. Article VII within Chapter 180 entitled Zoning is hereby supplemented and amended to create the AMF-1 District as follows (deletions are indicated thus; additions are indicated thus): Article VII AMF-1 Affordable Multi-Family Residence 1 District Use Restrictions and Regulations In the AMF-1 Affordable Multi-family Residence District the following uses, and no others, of lands and buildings are permitted: A. Multiple dwellings. B. An accessory use of accessory structure on the same lot with and customarily incidental to any of the foregoing permitted uses, provided that the terms "accessory use" and "accessory structure" shall not be construed to include a business, and no goods shall be publicly displayed on the lot in connection with any accessory use permitted under this subsection, but the terms "accessory use" and "accessory structure" shall include, but may not be limited to:

3 Signs 1. Storage and maintenance structures 2. Off-street parking 3. Stormwater facilities 4. Community center for the use of residents and guests 5. Active or passive recreational facilities for the use and enjoyment of residents and their guests, including but not limited to a playground and fitness trail. C. All units shall be deed restricted for very low-, low- and moderate-income households, with the exception that one (1) dwelling unit may be reserved for an on-site manager or employee Area Restrictions and Regulations A. Minimum lot area: 10 acres B. Minimum lot width: 400 feet C. Minimum lot depth: 200 feet D. Minimum yard regulations 1. Front yard: 150 feet 2. Side yard: 100 feet 3. Rear yard: 100 feet E. Section Special Setbacks shall not apply. F. Maximum density: 8 du/ac G. Maximum impervious surface: 20% H. Maximum building height: 4 stories / 60 feet Site Design Regulations A. Parking space requirement: 1.5 parking spaces per dwelling unit. Accordingly, a diminimus exception from the Residential Site Improvement Standards (RSIS), 5: Table 4.4, is permitted.

4 B. Buffers and Landscaping 1. A landscaped buffer of not less than 20 feet in width shall be provided adjacent to any street line. Buffers may be comprised of landscaping, which shall be of a sufficient quantity and size to effectively treat the structure. In addition, shade or ornamental trees shall be provided in the buffer at the rate of one per 1,000 square feet of buffer area. Existing vegetation may be accepted as the required buffer; however, the Planning Board may require supplemental planting where existing vegetation does not provide adequate screening. 2. A landscaped buffer of not less than 20 feet in width shall be provided along any common property line in a side or rear yard. Buffers may be comprised of fences and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from view of those at grade or first floor level in adjacent homes and to prevent the shining of automobile head lights into the yards of adjacent property. In general, this buffer shall provide a visual screen between the parking areas in the immediate vicinity of the residentially zoned property at an elevation of no less than seven feet above the finished grade of the parking areas. In addition, shade or ornamental trees shall be provided in the buffer at the rate of one per 1,000 square feet of buffer area. 3. Interior parking lot landscaping shall be provided according to the requirements of J(5). 4. Off-street parking and loading may be located within yards, but shall not be located less than 20 feet from a property line. Section shall not apply. 5. Section 160 Preservation and Restoration of Existing Vegetation shall not apply. C. Signs shall be provided in accordance with the provisions of hereof with the following exceptions: 1. One freestanding sign is permitted per premises, no larger than 20 square feet with a maximum height of five feet. Section 5. Continuation. In all other respects, the Unified Development Ordinance of the Township of Moorestown shall remain unchanged. Section 6. Severability. If any portion of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of this Ordinance as a whole, or any other part thereof. Any invalidation shall be confined in its operation to the section, paragraph, sentence, clause, phrase, term, or provision or part there of directly involved in the controversy in which such judgment shall have been rendered. Section 7. Interpretation. If the specific terms of this Ordinance shall be in conflict with those of another Ordinance of the Code of the Township of Moorestown, then this Ordinance shall be enforced.

5 Section 8. Section 9. Repealer. All ordinances or parts of ordinances which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency only. Enactment. This Ordinance shall take effect upon the filing thereof with the Burlington County Planning Board after final passage, adoption, and publication by the Township Council of the Township of Moorestown in the manner prescribed by law. NOTICE The ordinance published herewith was introduced and passed upon first reading at a meeting of the Township Council of the Township of Moorestown, County of Burlington, State of New Jersey, held on April 23, This ordinance will be further considered for final passage by the Township Council at a meeting to be held in the Council Chamber of the Municipal Complex, 111 West Second Street, Moorestown, NJ on May 7, 2018 at 7:30 pm or at any time and place to which such meeting may be adjourned. All persons interested will be given the opportunity to be heard concerning such ordinance. During the week prior to and including the date of such further consideration, copies will be made available at the Municipal Clerk s Office to any member of the general public who shall request such copies. The ordinance and the zoning map may be viewed in full on the Township s website at Patricia L. Hunt, RMC Township Clerk MOORESTOWN TOWNSHIP ZONING MAP (PORTION) AS AMENDED

6

7