R-5F ZONING AMENDMENT
ORDINANCE No. 28-2016
ORDINANCE OF THE TOWNSHIP OF LIVINGSTON AMENDING AND
SUPPLEMENTING CHAPTER 170 OF THE CODE OF THE TOWNSHIP OF
LIVINGSTON BY AMENDING THE ZONING REGULATIONS FOR THE R-5F
RESIDENCE DISTRICT IN SECTION 170-104.1
BE IT ORDAINED, by the Township Council of the Township of Livingston, in the
County of Essex, State of New Jersey, as follows:
Section 1.
§ 170-104.1 “R-5F Residence District” shall be amended by deleting words
indicated by strikethrough and adding words designated by underlining as follows:
§ 170-104.1. R-5F Residence District.
A.
Purpose. The purpose of the R-5F Residence District is to implement provisions
of the Housing Element and Fair Share Plan of the Township of Livingston and a
Mt. Laurel Settlement Agreement approved by the Superior Court, as amended
and updated, by permitting multifamily residential development that includes a
setaside of units affordable to low-income and moderate-income families.
B.
Permitted principal uses and densities.
developed only for either:
C.
C.
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Property in the R-5F District may be
(1)
Multifamily residential use at a combined maximum gross density of 14.6
units per acre for the entire District (62 dwelling units), including a
setaside of 12 affordable units, as required by §170 104.1(C) (12
dwelling units). No more than 2 principal buildings shall be permitted,
which may be separate buildings for the affordable units (Affordable
Building) and for the market-rate units (Market-Rate Building). The
Market-Rate Building shall consist of two wings connected by a Service
Core providing a common entrance, manager’s office, concierge, valet,
private recreation and function facilities, and similar services for
residents of the building.
(2)
Use of the existing building as a house of worship and construction of a
separate building containing 12 affordable units on a separate subdivided
lot.
Affordable housing setaside requirement. The development shall include units
affordable to lower income households in an amount equal to minimum ratios
relative to the total number of residential units of 19% for rental affordable units
or 24% for sales affordable units. All affordable units shall provided within the R
5F District.
Once necessary development approval has been obtained and is being
implemented by the start of construction activity for either development option
under Paragraph B, the other development option shall no longer be permissible
and all provisions of this Section 170-104.1 pertaining to such other development
option shall automatically expire and sunset.
D.
Permitted accessory uses. The following accessory uses are permitted in the R
5F District:
(1)
Off-street parking in accordance with §170-104.1(F)(8).
(2)
Signs in accordance with §170-104.1(F)(10).
(3)
In the case of development pursuant to Section (B)(1), A—a private
outdoor or indoor swimming pool may be provided at the rear of the
Service Core for residents of the development and their guests. Pool
membership or usage rights shall not be offered to the general public.
E.
Single development plan. A single development plan shall be submitted for the
entire R-5F District. It must conform to all standards and requirements of this
§170-1 04.1.
F.
Required conditions for development pursuant to Section B(1). The following
zoning standards shall apply to development containing 2 residential buildings in
the R-5F District:
(1)
Minimum tract area: 4.2 acres
(2)
Minimum building setbacks:
(a)
(b)
Affordable Building:
[1]
From South Orange Avenue ROW line
[2]
From edge of State Open Water limit
[3]
From parking areas
[4]
From Market-Rate Building
[5]
From rear property line
100 feet
5 feet
50 feet
130 feet
Market-Rate Building (except Service Core):
[1]
From South Orange Avenue ROW line
35 feet
[2]
From White Oak Ridge Road ROW line
50 feet
[3]
From lot lines of properties zoned for
single-family residential use
68 feet
[4]
From Affordable Building
50feet
[5]
From edge of State Open Waters limit
25 feet
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35 feet
(c)
(d)
(3)
Service Core:
[1]
From South Orange Avenue ROW line
65 feet
[2]
From lot lines of properties zoned for
single-family residential use
68 feet
Bay windows, roof overhangs, chimneys and similar
appurtenances may extend not more than 2 feet into a required
setback other than the minimum distance between buildings.
Maximum building height. At no point shall the elevation of the highest
point of a building exceed the applicable maximum height measured as
follows:
Affordable Building
38 feet from original lot grade averaged
elevation of 245.7 feet MSL
Market-Rate Building
(4)
East Wing
46 feet (plus a mansard of up to 7 feet) from
original lot grade averaged elevation of 238
feet MSL
Service Core
38 feet (plus a cupola of up to 9 feet) from
original lot grade averaged elevation of
233.5 feet MSL
West Wing
55 feet (plus a mansard of up to 7 feet) from
original lot grade averaged elevation of
231.5 feet MSL
Maximum number of stories:
Affordable Building
3 stories
Market-Rate Building
(5)
East Wing
3 stories over 2 parking levels (1 level
partially below grade & 1 level fully below
grade)
Service Core
2 stories over 1 parking level (below grade)
West Wing
4 stories over 1 parking level (partially
below grade)
Maximum number of dwelling units per building:
Affordable Building
Market-Rate Building
12 units
50 units
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(6)
Maximum building coverage: 35%
(7)
Maximum impervious coverage: 45%
(8)
Off-street parking and vehicular access
(9)
(10)
(a)
All parking spaces for the Market-Rate Building shall be provided
either below grade or on the first floor within the Market-Rate
Building. The minimum number of spaces shall be as required
under the Residential Site Improvement Standards (N.J.A.C. 5:214.14). Accessible parking spaces shall be provided in accordance
with the New Jersey State Uniform Construction Code Barrier
Free Subcode (N.J.A.C. 5:23-7.9).
(b)
Parking spaces for the Affordable Building shall be provided onsite. The minimum number of spaces shall be as required under
the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14).
The parking spaces may be located in the side yard and front yard
setback of the building, with a minimum front yard parking setback
of 8 feet from the South Orange Avenue right-of-way line. 2 of the
required spaces shall be handicapped accessible.
(c)
The number of tract vehicular access points shall be limited to 3.
The driveway from South Orange Avenue for the Market-Rate
Building must be located at least 150 feet from the intersection
with White Oak Ridge Road. The driveway from South Orange
Avenue to the Affordable Building must be located at least 300
feet from the intersection with White Oak Ridge Road. The
driveway from White Oak Ridge Road must be located at least
100 feet from the intersection with South Orange Avenue.
Accessory structures. Except as otherwise specifically permitted or
provided for, the following restrictions shall apply:
(a)
Setbacks: At least 50 feet from the property or lot lines.
(b)
Height: The maximum height of accessory structures shall be 10
feet.
Sign regulations
(a)
At the South Orange Avenue vehicular entrance to the MarketRate Building, one ground sign, not taller than 5 feet overall and
with a maximum overall area of 36 square feet, indicating the
street number and building or community name, is permitted.
(b)
At the South Orange Avenue vehicular entrance to the Affordable
Building, and at the White Oak Tree Road vehicular access to the
Market-Rate Building, one ground sign, not taller than 4 feet and
with a maximum overall area of 20 square feet, indicating the
street number and building or community name, is permitted.
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(c)
Any sign illumination shall be limited to either indirect lighting or
diffused lighting, and the source of any lighting shall be shielded in
such a manner as to not be visible from the street or any adjoining
residential property.
(d)
No sign shall be located closer to any street right-of-way line than
1/2 of the applicable building setback.
(e)
On-site directional signs shall be permitted subject to limitations
as to appropriate number, size and location as determined by the
Planning Board during the site plan approval process.
G.
Accessible and adaptable affordable units. All first floor units in the Affordable
Building shall comply with N.J.A.C. 5:97-3.14. All floors of the building shall be
elevator-served.
H.
Uniform housing affordability controls. The affordable units shall comply with the
administration of affordability requirements in COAH’s substantive regulations
and the Uniform Housing Affordability Controls (UHAC).
Township Code §170-126(E) shall not be applicable. Instead, no certificate of
occupancy shall be issued for the Market-Rate Building until a certificate of
occupancy has been issued for the Affordable Building.
J.
Design standards. The following design standards shall apply to development in
the R-5F District:
(1)
Site Entry and Building Siting
(a)
(2)
The Market-Rate Building and the Affordable Building shall front
toward and relate to South Orange Avenue, both functionally and
visually. However, the entrance to the parking garage from South
Orange Avenue shall not face that street, but shall instead be at a
perpendicular alignment.
Vehicular Access / Circulation / Parking
(a)
Site access and internal circulation shall promote safety,
efficiency, and convenience. Conflicts between vehicles and
pedestrians shall be avoided. Adequate areas for maneuvering,
stacking, and emergency vehicle access shall be provided.
(b)
The façade elevations of all parking levels for the Market-Rate
Building shall receive architectural treatment that complements
the residential levels above.
(c)
All driveway aprons shall be designed with textured and colored
pavement to help identify the apron to pedestrians as a traffic
area.
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(3)
(4)
Architectural Treatment
(a)
Architectural elements, such as bay windows, recessed or
projecting balconies, and other elements that add visual interest,
shall be provided.
(b)
All building facades with a linear dimension in excess of 100 feet
shall be broken into façade segments having offsets consisting of
a recess in the linear plane of the building facade with a minimum
depth of 2.5 feet for a minimum of every 50 linear feet and offsets
consisting of a recess in the linear plane of the building facade
with a minimum depth of 5 feet for a minimum of every 100 linear
feet. All building foundations shall be appropriately landscaped.
(c)
All facades shall have the same architectural façade treatment,
which shall consist of brick, finished masonry, stone, Hardi Plank,
wood or combination thereof. Additionally, side façades facing
any public road shall have a “front” appearance in order to
maintain a consistent visual relationship.
(d)
Roof-lines shall be segmented and varied within an overall
horizontal context. Varying heights are encouraged.
(e)
All roof-top equipment shall be screened by mansards matching
the building façade.
Landscaping
(a)
Extensive landscaping shall be provided throughout the site as
approved by the Planning Board.
(b)
A combination of deciduous and evergreen trees shall be planted
along the White Oak Ridge Road and South Orange Avenue
frontages, with minimum planting sizes of a height of 8 to 9 feet for
evergreens and a minimum caliper for deciduous trees of 3.5 to
4.0 inches.
(c)
Existing vegetation shall be preserved, where possible, and
supplemented with plantings and other landscaping materials.
(d)
A visual screen shall be provided for adjacent properties in
Millburn Township through new additional trees and under story
landscaping in the rear yards designed to provide a natural solid
barrier on a year-round basis that shall include double staggered
rows of evergreen trees planted 8 feet apart and having a
minimum initial planting height of 8 to 9 feet.
(e)
All areas of the property not occupied by buildings, parking, other
improvements or textured paving shall be landscaped with trees,
shrubs, hedges, ground covers and/or grasses.
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(5)
(6)
(f)
Landscaping shall be integrated with other functional and
ornamental site design elements.
(g)
Buffers and screening may consist of existing vegetation, plant
clusters, deciduous and evergreen trees and shrubs, fencing,
walls, berms, boulders, mounds, or any combination thereof.
(h)
Plant clusters shall consist of masses and groupings of shade,
ornamental and evergreen trees, shrubs and/or berms designed in
a free form manner to provide contrast and create a more natural
effect. No less than 75% of the plantings shall be evergreen.
(i)
Landscaping shall be provided in front of any retaining walls to
buffer the appearance of the retaining wall. No retaining wall shall
exceed a height of 3 feet. If berms are used for topographic
transition, they shall not exceed 8 feet in height, with side slopes
of 1:5 to 1:3. No retaining wall or berm shall be approved if it
would adversely affect natural drainage.
Swimming Pool
(a)
Any swimming pool shall be located behind the Service Core of
the Market-Rate Building.
(b)
The pool area setback shall be at least 50 feet from the rear
property line.
(c)
The pool shall be screened by a solid fence not less than 5 nor
more than 6 feet in height. Landscaping shall be provided along
the outside of this fence.
Lighting
(a)
Pedestrian scale/decorative light fixtures are encouraged.
(b)
The type and location of site and building lighting shall preclude
direct glare onto adjoining property, streets, or skyward.
K.
Other development regulations. Provisions of this Chapter 170, Land Use,
permitting operation of professional offices in residences or permitting residencebased business, shall not apply in the R-5F District.
L
Required conditions for development pursuant to Section B(2). The alternative of
development of a single residential building containing 12 affordable units and
use of the existing building (as possibly modified) for house of worship use shall
be subject to the following requirements, which shall supersede any inconsistent
requirements in Section 170-140.1:
(1)
The development shall be the subject of a single combined application for
subdivision to create 2 lots with minimum lot sizes of 2 acres and for site
approval for the two uses on separate lots. The combined development
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application may have separate co-applicants. This requirement shall not
preclude future separate development applications for either lot
subsequent to approval of the combined application and perfection of the
subdivision approval.
(2)
The lot containing the existing building to be devoted to house of worship
use shall be subject to the following criteria:
(a)
The existing building may be renovated and modified internally or
externally, but the enclosed building area may not be expanded
vertically or horizontally absent variance relief.
(b)
The following bulk criteria shall apply to the new lot containing the
existing building:
Setback from S. Orange Ave. ROW line: 20 feet
Setback from White Oak Ridge Rd. ROW line: 20 feet
Rear setback: 65 feet
Side setback: 200 feet
Maximum Building coverage ratio: 15%
Maximum impervious coverage ratio: 70%
Maximum building height: 1 story
(3)
(c)
The existing parking lot shall be reconfigured, repaved and
restriped to provide a minimum of 100 parking spaces, It shall be
internally connected to the parking lot for the affordable housing
building and may have minimal separation between the two parking
areas, notwithstanding any contrary requirement. The parking lot
and driveway shall be subject to an easement that provides a right
for access between White Oak Ridge Road and the affordable
housing lot.
(d)
Signage shall be in accordance with the regulations in Section 170104.1(F)(10), provided that the references therein to the MarketRate Building shall apply to the existing building.
(e)
Landscaninr’ shell be orovided consistent with Section 170104.1 (J)(4).
-
---
The affordable housing lot shall be subject to all of the provisions in this
Section 170-104.1 applicable to the Affordable Building, except as
follows:
(a)
Maximum side setback: 80 feet.
(b)
Maximum building coverage ratio: 5%
(c)
Maximum imoervious coveraae ratio: 15%
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(d)
The reguirement in Section 170-104.1(J)(1) that the Affordable
Building face South Orange Avenue shall not apply.
Section 2.
Except as hereby amended and supplemented, the General Code of the
Township of Livingston shall remain in full force and effect.
Section 3.
This Ordinance shall take effect upon final passage and publication in
accordance with the law.
‘Qf. ,ithdiy, Mayor
/lennR.TurUetaub
as to form:
Sharon L. Weiner
Township Attorney
Introduced: August 8, 2016
Adopted: September 19, 2016
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