TOWNSHIP OF EVESHAM ORDINANCE NO

Transcription

1 TOWNSHIP OF EVESHAM ORDINANCE NO ORDINANCE OF THE TOWNSHIP OF EVESHAM AMENDING CHAPTER 160, THE ZONING CODE OF THE TOWNSHIP OF EVESHAM TO MODIFY SECTION MODERATE DENSITY RESIDENTIAL (MDR) OVERLAY ZONE TO ENCOURAGE ON-SITE PRODUCTION OF THE REQUIRED AFFORDABLE HOUSING SET ASIDE WHEREAS, the Township of Evesham strives to adopt and implement land use regulations that advance the goals and objectives of the Township as set forth in the Master Plan in a clear and consistent fashion and that facilitate the production of affordable housing in satisfaction of the Township s obligations under the Fair Housing Act; and WHEREAS, the Evesham Township Planning Board has adopted by Planning Board Resolution No. PB after a public hearing on April 21, 2011, a Master Plan Reexamination and Amendments to the Master Plan in accordance with N.J.S.A. 40:55D-28 and N.J.S.A. 40:55D-89; and WHEREAS, the 2011 Master Plan Reexamination was undertaken to consider some specific land use related concerns that had arisen since the last Master Plan; and WHEREAS, by Ordinance , adopted May 17, 2011, the Evesham Township Council established the Moderate Density Residential (MDR) Overlay Zone to provide flexibility for residential development, facilitate the production of affordable housing, and promote creative subdivision design on the lands to which the Overlay applies; and WHEREAS, use of the MDR Overlay standards initially required that % of all housing units would be set aside for low and moderate income households. The requirements also permit a developer to negotiate an agreement with the Township Council to make a payment in lieu of on-site construction in an amount sufficient to cover the cost of providing or constructing affordable units off-site through any compliance mechanisms permitted in the rules adopted by the New Jersey Council on Affordable Housing (COAH) including but not limited to, the funding of a market to affordable program; and WHEREAS, since the enactment of said ordinance, and the regulations and standards therein, the Township Council, the Planning Board, and Township staff have found that the developers typically propose to negotiate a payment in lieu rather than constructing affordable units on site; and WHEREAS, the Township has determined that for the development of single family detached homes only, rather than an affordable housing set aside, developers should pay the affordable housing development fee as required by Township Code section 161-3; and

2 WHEREAS, in order to encourage an increase the supply of on-site affordable housing in conjunction with the development of attached or townhouse units, a modest increase in density will be permitted for townhouse developments utilizing the MDR Overlay standards, in recognition of the challenges associated with incorporating low and moderate income units. NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Township Council of the Township of Evesham, County of Burlington, State of New Jersey as follows: SECTION I. as follows. Revise section Moderate Density Residential (MDR) Overlay Moderate Density Residential (MDR) Overlay Section B. Principal Permitted Uses. Is hereby revised to add the following section: (3) Condominium or apartment flats (separated by the ceiling and floor) each with a separate entrance from the outside, for the affordable units required by section E(4) only, and using clustering/conservation design in accordance with the requirements of this section and section Section E. MDR Overall Performance Regulations, (4) is hereby revised to read as follows: (4) Affordable Housing Requirement. (a). Development consisting solely of single-family detached homes shall not require the on-site production of affordable housing with a mandatory set-aside but shall require the payment of affordable housing development fees as required by Township Code Section (b).development consisting solely of attached/townhouse units. Ten percent (%) of all attached/townhouse units constructed pursuant to the MDR overlay standards shall be set-aside and reserved for low and moderate income households. In recognition of the challenges associated with creating an inclusionary development that primarily consists of market rate townhouses, the permitted density is increased by 5% to enable on-site incorporation of the affordable housing requirement. The affordable housing obligation shall be based on the proposed number of housing units permitted before applying the increase in density. Example: The base permitted density for townhouses is 2.3 units/acre. For a 30 acre site a maximum of 69 units are permitted. The % affordable housing set aside is 6.9 (7) units. In support of the on-site provision of the affordable units, the total density may be increased to 2.42 units per acre (a 5% increase). When a fraction of an affordable unit of.5 or less is required, obligation shall be rounded down. When a fraction of an affordable unit of.6 or more is required, the obligation shall be rounded up. All affordable units constructed on-site shall strictly conform with COAH s rules and the requirements of the Township s Fair Share Plan ordinances including, but not limited to, phasing, bedroom mix, split, affirmative marketing, controls on affordability, etc.

3 (c) In developments containing a mix of both single-family detached housing which does not require the on-site production of affordable housing and attached multi-family housing (townhouses, condominiums or apartment flats) which requires on-site affordable housing production, the area of the multi-family component shall be used in calculating density and the affordable housing setaside pursuant to Section E(4) of the Code. Development fees as required by Section of the Code shall be paid for the homes constructed in the single-family detached component of the project. (d) The on-site production of affordable housing is required in projects proposing multi-family housing and the Township shall not accept a payment in lieu thereof. Section G. is hereby added to this section of the ordinance as follows: G. Condominium or Apartment Flat Performance Requirements (1) The affordable units shall be designed to be integrated with and blend in to the overall development. The units must follow the guidelines in F above to the extent practicable. (2) The affordable units are not required to have a garage. Parking in accordance with RSIS requirements shall be provided in a common parking lot area. (3) A fenced or masonry enclosure area shall be provided for storage of trash and recycling containers for the affordable units. The owners or tenants of the units will be required to bring trash and recycling containers curbside on collection day in the same manner as the remainder of the development.

4 SECTION II. Table 21 for the MDR Performance Regulations is hereby revised to read as follows: Permitted Uses Min Tract Area Density DU/acre Minimum Lot Area Minimum Lot width Maximum Clearing Limit Ratio Minimum Yard (in Feet) Front Side Rear Max Impervious Max Bldg height Cluster Single family Detached w/ public water and sewer Cluster Townhouse w/ public water and sewer Condo or Aptmt Flat (Affordable) du/acre,000 sq ft 80 feet.6 overall 2.3 du/acre base 2.42 du/acre including affordable units same as townhouse above 2,400 sq ft 24 ft inside 34 ft end.5 overall n/a 24 feet.5 overall 30 each 20 0 inside end 20 from side walk 0 inside 20 end to another bldg feet feet n/a 65 ft from bound ary.6 35 feet For Condo or apartment flats, the buildings should in effect meet the same setbacks as the townhouses, but if the land around the affordable units is owned in common, then the setbacks will be from the boundaries. Minimum perimeter buffer is 40 feet for townhouse developments and 15 feet for single family detached developments. Minimum Required Open Space Area for Cluster Development (not including stormwater areas) is 40% of the total area. See also cluster provisions at section Maximum building length for townhouses is 160 feet or six (6) units whichever is less (may include total of 8 units when affordable flats are included). SECTION III. REPEALER Ordinances or provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency. SECTION IV. INVALIDITY If any section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall only apply to the section, paragraph, subdivision, clause or provision and the remainder of this Ordinance shall be deemed valid and effective. SECTION V. EFFECTIVE DATE This Ordinance shall take effect upon adoption and publication according to law and the filing of same with the Burlington County Planning Board in accordance with N.J.S.A. 40:55D-16 and the Pinelands Commission in accordance with N.J.A.C. 7: through 3.45.

5 Please take notice that the ordinance published herewith was introduced and passed on first reading at the Regular Meeting of the Township Council of the Township of Evesham in the County of Burlington, State of New Jersey, held on February 17, 2015 and said ordinance will be further considered for final passage after public hearing at a meeting of said Township Council to be held on March 17, 2015, at 6:30 P.M. in the Municipal Complex, 984 Tuckerton Road, Marlton, New Jersey, at which time and place all persons interested will be given an opportunity to be heard concerning such ordinance. Mary Lou Bergh, RMC Township Clerk