Borough of Totowa, NJ R-AH Affordable Housing District

The purpose is to establish an affordable housing zone to permit the construction of a comprehensive, coordinated development of land for multifamily housing that would provide affordable housing.

§ 415-135 Permitted uses.

Development options. Within the R-AH District there are two development options:

(1)

For-sale residential development. An inclusionary housing development at a maximum density of 12.5 units per acre with a 20% affordable housing set-aside.

(2)

Rental residential development. An inclusionary housing development at a maximum density of 15 units per acre with a 20% affordable housing set-aside.

Principal permitted uses. The following for-sale or rental principal uses are permitted:

(1)

Multifamily dwellings.

(2)

Townhouse dwellings.

(3)

Stacked townhouse dwellings, which are defined as a one-family unit in a row of at least three such units, where units are stacked on each other. Units may be multilevel; however, all units shall have common fire-resistant walls and have direct access from the outside.

(4)

Utilities and essential services.

Prohibited uses. Any use not listed as permitted is prohibited.

§ 415-136 Accessory uses.

Accessory permitted uses shall be as follows:

Signs.

Noncommercial swimming pools, tennis courts and other indoor or outdoor recreation facilities.

Private garages and off-street parking for private vehicles.

Garages under or incorporated into the building design.

§ 415-137 Area, bulk and yard requirements.

Area, bulk and yard requirements shall be as follows:

Minimums	Townhouse	Multifamily	Stacked Townhouse
Tract size	4 Acres	4 Acres	4 Acres
Tract frontage	200 Feet	200 Feet	200 Feet
Tract setback*	40 Feet	40 Feet	40 Feet
Lot size	2,500 Square Feet	—	—
Lot width	25 Feet	—	—
Lot depth	100 Feet	—	—
Building wall front-to-front setback	60 Feet	75 Feet	75 Feet
Building wall side-to-side setback	30 Feet	35 Feet	35 Feet
Building wall rear-to-rear setback	60 Feet	60 Feet	60 Feet
Building wall side-to-rear or side-to-front setback	45 Feet	40 Feet	40 Feet

Maximums	Townhouse	Multi-family	Stacked Townhouse
Building coverage	50%	65%	65%
Impervious coverage	70%	80%	80%
Building length	180 Feet	200 Feet	200 Feet
Number of units per building	7	—	—
Height in feet	35	52	52
Height in stories	2.5	4	4

*	This setback prohibits the construction of any buildings and/or parking lots within 40 feet of the entire tract perimeter. See § 415-142A(1) for additional parameters.

Accessory buildings:

(1)

Minimum distance setback from principal buildings: 40 feet.

(2)

Maximum height: 15 feet.

§ 415-138 Lighting standards.

The following lighting standards shall apply:

Low-pressure sodium or mercury vapor lighting is prohibited.

Parking lot lighting shall be no more than 20 feet in height.

A minimum average of 0.5 footcandle shall be maintained within the parking lot and over all pedestrian walkways.

Parking lot fixtures shall be full cutoff.

Footcandles at the property line shall not exceed one footcandle, except where there are entrance/exit driveways.

§ 415-139 Off-street parking.

Off-street parking shall be provided as required by RSIS. There shall be no parking of any vehicle along roadways. Parking spaces shall measure nine feet wide by 18 feet long.

§ 415-140 Circulation requirements.

Roadway widths shall be in accordance with the RSIS.

Minimum driveway width, one-way: 12 feet.

Minimum driveway width, two-way: 22 feet.

Construction of pavement and pavement materials shall conform to the RSIS and NJDOT Standard Specification for Road and Bridge Construction, current editions.

§ 415-141 Utility improvements and services.

Utility improvements and services for the R-AH District.

Water facilities.

(1)

The site shall be connected to a municipal water system.

(2)

All water system facilities including fire hydrants and fire protection shall be designed and installed in accordance with the standards of the applicable governmental bodies having jurisdiction thereof.

Sanitary sewerage system.

(1)

The development shall be serviced by a central sanitary sewerage collection system. The facilities shall be designed in accordance with the standards of the New Jersey Department of Environmental Protection and/or appropriate local, county, state and federal officials and agencies.

(2)

The developer shall provide an organization for the ownership and maintenance of any and all sanitary sewer facilities. Said organization shall be fully responsible for compliance with all federal, state and local laws and regulations and for securing all pertinent permits for the operation, function and maintenance of any on-site facilities. Said organization may be a firm, corporation or other legal entity owned and/or controlled by the developer.

The developer shall be responsible for off-tract water, sanitary sewer and storm sewer infrastructure upgrades necessary for the development of the property. The proportional responsibility shall be determined by the Borough Engineer.

Drainage and stormwater management.

(1)

The development shall be serviced by a stormwater management system as designed by the applicant and shall conform to all relevant Borough, state and federal status rules and regulations concerning stormwater management or flood control.

(2)

The developer shall provide an organization for the ownership and maintenance of any and all drainage and stormwater management facilities. Said organization shall be fully responsible for compliance with all federal, state and local laws and regulations and for securing all pertinent permits for the operation, function and maintenance of any on-site facilities. Said organization may be a firm, corporation or other legal entity owned and/or controlled by the developer.

Electric, gas, telephone and cable television services, if available, shall be provided by the developer in concert with the appropriate public utility providing such services and shall be installed underground.

Street improvements, monuments, street names and other traffic control devices, sidewalks, curbs and all aspects of street construction, as well as other improvements, shall be subject to local and state regulations and Borough Engineer approval.

Refuse pickup and recycling areas shall be provided and shall be located for the convenience of the residents of the developments and shall be screened and fully enclosed.

The residents' association(s) of the affordable housing development shall be required to provide for and/or contribute to expense or cost of the upkeep, maintenance and operation of the sanitary sewer system, roads, drives, parking facilities, drainage facilities, streetlighting, refuse pickup, snowplowing and other services in accordance with a homeowners' association agreement to be reviewed and approved by the Borough prior to final approval.

§ 415-142 Landscape standards.

The following landscape standards shall apply:

Tract buffer: where existing adjacent parcels contain single-family detached homes.

(1)

Where the tract abuts existing adjacent single-family homes, a minimum fifty-foot-wide natural landscaped buffer shall be provided. Within this buffer area no existing tree shall be cut or removed unless the tree is diseased or dead. This shall supersede the forty-foot tract setback provision. Therefore, no building or parking lot shall be within 50 feet of a property line that abuts an existing single-family detached home.

(2)

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees and shrubs to provide a natural looking buffer while providing a visual screen.

(3)

The existing trees within the buffer area shall be supplemented by shade and evergreen trees and shrubs as follows to provide a year-round screen:

(a)

One shade tree for every 50 linear feet of buffer;

(b)

Two evergreen trees for every 25 linear feet of buffer; and

(c)

Fifteen shrubs for every 50 linear feet of buffer.

(4)

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

(5)

Buffer plants shall be the following size at the time of planting:

(a)

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 to 14 feet in height, balled and burlapped.

(b)

Evergreen trees shall be planted at a minimum height of seven feet, balled and burlapped.

(c)

Shrubs shall be planted at a minimum of 36 inches in height. All shrubs shall be evergreen.

(6)

Shade trees shall be considered deciduous trees that mature to a height of 50 feet or greater. Evergreen trees shall be considered trees which mature to a height of 40 or more feet and have a mature width of over 10 feet. Should narrower varieties of evergreens be proposed for buffer plantings, additional plants shall be required to achieve a visual screen.

(7)

No more than 25% of the plantings shall be of the same species and/or variety of plant.

(8)

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Tract buffer: all other adjacent uses.

(1)

A minimum twenty-foot-wide landscaped buffer shall be provided. Within this buffer area no existing tree shall be cut or removed unless the tree is diseased or dead.

(2)

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees and shrubs to provide a natural looking buffer while providing a visual screen.

(3)

Buffer plantings shall be a mixed planting and shall include the following:

(a)

One shade tree for every 50 linear feet of buffer;

(b)

One evergreen tree for every 30 linear feet of buffer;

(c)

Ten shrubs for every 50 linear feet of buffer.

(4)

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

(5)

Buffer plants shall be the following size at the time of planting:

(a)

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 to 14 feet in height, balled and burlapped.

(b)

Evergreen trees shall be planted at a minimum height of seven feet, balled and burlapped.

(c)

Shrubs shall be planted at a minimum of 36 inches in height. Fifty percent of shrubs shall be evergreen.

(6)

(7)

No more than 25% of the plantings shall be of the same species and/or variety of plant.

(8)

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Street trees.

(1)

Street trees shall be provided along all contiguous public streets, 40 feet on center. The following species are permitted:

Regent Scholar.

Chinese Elm.

October Glory Maple.

Rosehill Ash.

Katsure tree.

Maidenhair tree.

Shademaster Locust.

Coffeetree.

Greenspire Linden.

Village Green Zelkova.

(k)

Patmore Ash.

(l)

Red Sunset Maple.

(2)

Trees shall be a minimum of three inches caliper.

(3)

Branching height should bear a relationship to the size and species of the tree, but shall have a minimum clearance height of seven feet above grade before branching begins.

(4)

No more than 33% of the street trees shall be of the same species and/or variety.

Parking lot landscaping.

(1)

For every 20 surface parking spaces there shall be one landscape area that is at least 162 square feet.

(2)

The landscape area shall contain trees and/or shrubs.

(3)

Trees shall be a minimum of three inches caliper and shrubs shall be at least 24 inches tall.

§ 415-143 Design standards.

Building facades visible from a public street shall consist of brick, stone, cast stone or other high-quality material.

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as balconies, canopies and recesses, shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

(1)

The maximum spacing between building wall offsets shall be 30 feet.

(2)

The minimum projection or depth of any individual vertical offset shall not be less than 1.5 feet.

(3)

The maximum spacing between roof offsets shall be 40 feet.

The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors and details.

Gable and hipped roofs shall be used to the greatest extent possible. Both gable and hipped roofs shall provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall. Flat roofs are permitted only as part of a green roof or renewable energy system, provided that all visibly exposed walls have an articulated cornice that projects horizontally from the vertical building wall plane.

Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties.

Trash enclosures.

(1)

Trash enclosures shall not be visible from any public street and shall be located to the rear or side of the building.

(2)

All trash enclosures shall be screened by a solid masonry wall on three sides and heavy-duty gate closures on the fourth side.

(3)

The trash enclosure shall be surrounded by a mixture of deciduous and evergreen plant species.

Utilities. All utilities shall be underground.

Signage standards. The following types of signage are permitted:

(1)

Monument signs.

(a)

One monument sign shall be permitted to identify the residential development.

(b)

The total area of the monument sign face shall be limited to 40 square feet.

(c)

The height of the sign shall not exceed a height of five feet above the grade.

(d)

Monument signs shall be set back a minimum of 10 feet from any property line.

(e)

A double-faced sign shall be counted as one sign.

(f)

Monument signs may be illuminated by shielded floodlights only.

(2)

Street address signs.

(a)

Street address signage is required on each building or individual unit.

(b)

Numbers shall be a maximum of 1.5 feet in height.

§ 415-144 Ownership and maintenance.

The developer shall establish an organization(s) for the ownership and maintenance of parking, recreational, utility, stormwater management facilities and essential service facilities for the development throughout and for the maintenance of common open space. The same shall be held in perpetuity by the organization(s) subject to appropriate easements. Such organization(s) shall not be dissolved and shall not dispose of said parking, recreational and/or utility, stormwater management facilities and essential service facilities by sale or otherwise, except to an organization(s) conceived and established to own and maintain the same for the benefit of such development and the residents thereof. Thereafter such organization(s) shall not be dissolved or dispose of any of said parking, recreational, utility, stormwater management facilities and essential service facilities without obtaining the consent of the members of the organization(s) as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of said parking, recreational, utility, stormwater management facilities and essential service facilities and shall provide for all services to the development until such time as the organization(s) established for the ownership and maintenance of the same and the maintenance of common open space shall be formed and functioning.

In the event that the organization shall fail to maintain said parking, recreational, utility, stormwater management facilities and essential service facilities for the benefit of the residents of the development and common open space in reasonable order and condition, the governing body may serve written notice upon such organization or upon the residents and owner of the development setting forth the manner in which the organization has failed to maintain the same in reasonable condition and demanding that such deficiencies be remedied within 35 days of the date of service. The notice shall also state the date and place of a hearing thereon which shall be held within 15 days after the date of notice. At such hearing, the governing body may modify the terms of the original notice as to deficiencies and may give an extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension of time thereof, the governing body, in order to preserve said parking, recreation, utility, stormwater management facilities and essential service facilities for the benefit of the residents of the development and common open space and maintain the same for a period of one year, may enter upon and maintain such land. Such entry and maintenance shall not vest in the public any right to use said parking, recreational, utility, stormwater management facilities and essential service facilities and common open space. Before the expiration of said year, the governing body shall, upon its initiative or upon the request of the organization thereto for responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the residents and owners of the development, to be held by the governing body, at which hearing such organization and the residents and owners of the development shall show cause why such maintenance by the municipality shall not, at the discretion of the governing body, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain the same in reasonable condition, the Borough may, in its discretion, continue to maintain said parking, recreational, utility, stormwater management facilities and essential service facilities for the benefit of the residents of the development and common open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the governing body in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Borough shall be assessed pro-rata against the properties within the development that have a right of enjoyment of the parking, recreational, utility, stormwater management facilities and essential service facilities for the benefit of the residents of the development and common open space in accordance with assessed value at the time of imposition of the lien and shall become a tax lien on said properties and be added to and be part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.

It shall be the responsibility of said organization(s) to also maintain parking areas, driveways, aisles, sidewalks and accessways in good conditions, free of litter and refuse, potholes, cracked pavement, ice, snow or other seasonal hazards, etc. All lighting, bumpers, markings, signs, stormwater management facilities and landscaping shall be similarly kept in workable, safe and good condition. If the owner fails to undertake repairs after proper notification by the Construction Official, the governing body may authorize repairs to be made at the owner's expense if, in the governing body's opinion, conditions constitute a hazard to the safety and welfare of the municipality, residents and visitors.

All documents pertaining to any neighborhood association responsible for the maintenance of said off-street parking space, recreational, utility and essential service facilities and common space shall be subject to review by the Borough Attorney and Borough Engineer as to compliance and consistency with local ordinances and may be recorded as a covenant running with the land. The foregoing shall not apply with respect to organization(s) formed and owned by the developer with respect to the ownership, operation and maintenance of sewage collection and treatment facilities as provided herein.

§ 415-145 Affordable housing requirements.

The following affordable housing requirements shall apply:

Affordable units shall be built on site.

Affordable units shall comply with the Fair Housing Act and the Uniform Housing Affordability Controls and shall be deed restricted for a minimum of 30 years.

The developer/property owner shall be responsible for retaining a qualified Administrative Agent to manage their affordable housing units.

§ 415-146 through § 415-147. (Reserved)