Borough of Highland Park, NJ
Middlesex County
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Table of Contents
Table of Contents
[Added 12-19-2006 by Ord. No. 1709]
A. 
This article of the land use regulations of Highland Park Borough sets forth mechanisms by which developers shall provide for a fair share of affordable housing based on growth that is associated with development taking place within Highland Park Borough.
B. 
Residential development. All residential development in the RA, RB, RA-E, RM-G, RM-T, RM-M, RMT-W, RMT-H, and QP Zoning Districts that results in the construction of new market-rate dwelling units in accordance with N.J.A.C. 5:94-1 et seq., shall be subject to the growth share provisions of this article.
C. 
Nonresidential development. All nonresidential development in the CBD, C, PO, LI, CS and QP Zoning Districts that results in an increase in gross floor area of any existing nonresidential structure or the construction of a new nonresidential structure in accordance with N.J.A.C. 5:94-1 et seq., shall be subject to the growth share provisions of this article.
D. 
Any development which results in a net increase in the gross floor area of any nonresidential building in the Borough of Highland Park of the following use groups, as set forth in N.J.A.C. 5:94-1.1 et seq., Appendix E, as follows:
Use Groups
B
Office buildings. Places where business transactions of all kinds occur. Includes banks, corporate offices, government offices, professional offices, car showrooms and outpatient clinics.
M
Mercantile uses. Buildings used to display and sell products. Includes retail stores, strip malls, shops and gas stations.
F
Factories where people make, process or assemble products. Includes automobile manufacturers, electric power plants, foundries and incinerators. F Use Group includes F1 and F2.
S
Storage uses. Includes warehouses, parking garages, lumberyards and aircraft hangers. S Use Group includes S1 and S2.
H
High hazard manufacturing, processing, generation and storage uses. H Group includes H1, H2, H3, H4 and H5.
A1
Assembly uses, including concert halls and TV studios.
A2
Assembly uses, including casinos, nightclubs, restaurants and taverns.
A3
Assembly uses, including libraries, lecture halls, arcades, galleries, bowling alleys, funeral parlors, gymnasiums and museums but excluding houses of worship.
A4
Assembly uses, including arenas, skating rinks and pools.
E
Schools, K-12.
I
Institutional uses, such as hospitals, nursing homes, assisted living facilities and jails. I Group includes I1, I2, I3 and I4.
R1
Hotels and motels.
E. 
Exemptions. Notwithstanding the provisions of Subsection B above, the following developments shall be exempt from the provisions of this article: Developments that received either preliminary or final site plan and/or subdivision or minor subdivision approval prior to the effective date of this article.
F. 
The applicant for a development approval shall submit an affordable housing plan with the initial application for completeness. The affordable housing plan shall specify the manner in which the applicant will address the affordable housing obligation, as permitted by ordinance. The plan shall be subject to review by the Planning Board attorney, Planning Board planner and the Borough affordable housing coordinator for consistency with the ordinance. Compliance with the terms of COAH's rules and the approved plan shall be a condition of any development approval that is granted.
A. 
All residential development which results in the construction of new market-rate dwelling units in Highland Park Borough in RA, RB, RA-E, RM-G, RM-T, RM-M, RMT-W, RMT-H, and QP Zoning Districts shall provide one affordable unit for every eight market-rate units constructed. If the affordable unit is constructed on site, the affordable unit shall not be included in the calculation of density for the purposes of this article.
B. 
For developments that result in a number of market-rate residential units not evenly divisible by eight, the developer may construct the additional affordable unit on site or, alternatively, the developer may make a payment in lieu of constructing the additional affordable unit. If the developer selects the latter option, the amount of said payment shall be established by subtracting any whole multiples of eight from the total number of market-rate residential units being created, dividing any remaining number of units by eight and multiplying the resulting fraction by the subsidy required to create an affordable housing unit in Highland Park Borough. The actual payment in lieu of construction made by the developer may be negotiated with the Borough considering the actual land cost of the site(s) identified for affordable housing construction elsewhere within Highland Park Borough or the substitution of land, site preparation and/or construction services for all or a portion of the monetary payment otherwise required.
C. 
All residential development in the RA, RB, RA-E, RM-G, RM-T, RM-M, RMT-W, RMT-H, and QP Zoning Districts consisting of less than eight residential units may provide one affordable unit on site or may make a payment in lieu of constructing the proportionate fraction of the affordable housing unit required. If the developer selects the latter option, the amount of said payment shall be established by dividing the number of market-rate units by eight and multiplying the resulting fraction by the subsidy required to create an affordable housing unit in Highland Park Borough. The actual payment in lieu of construction made by the developer may be negotiated with the Borough considering the actual land cost of the site(s) identified for affordable housing construction elsewhere within Highland Park Borough or the substitution of land, site preparation and/or construction services for all or a portion of the monetary payment otherwise required.
D. 
As an alternative to fulfilling the affordable housing requirements set forth in Subsections A through C above, developers of residential units in the RA, RB, RA-E, RM-G, RM-T, RM-M, RMT-W, RMT-H, and QP Zoning Districts may elect to construct an affordable housing unit elsewhere in Highland Park Borough or purchase an existing residential unit elsewhere in Highland Park Borough in accordance with Highland Park Borough's buy-down program and/or municipally-sponsored rental program, which shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq.
E. 
All residential development not subject to the provisions of Subsections A through D above shall be subject to the provisions of development fees as set forth in § 85-4 of the Borough Code.
A. 
All nonresidential development in the CBD, C, PO, LI, QP, and CS Zoning Districts that results in an increase in gross floor area of any existing nonresidential building or the construction of a new nonresidential building in Highland Park Borough shall provide one affordable unit for every 25 jobs that results from the application of standards adopted by COAH (presently found in Appendix E of N.J.A.C. 5:94-1 et seq.) and based on use groups, as defined by the International Building Code (IBC), which has been incorporated by reference into the Uniform Construction Code (UCC).
B. 
Except as set forth in Subsection C below, nonresidential developers in CBD, C, PO, LI, QP, and CS Zoning Districts may construct an affordable housing unit elsewhere in Highland Park Borough or purchase an existing residential unit elsewhere in Highland Park Borough in accordance with Highland Park Borough's buy-down program and/or municipally-sponsored rental program, which shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq. Affordable units also may be constructed on site or in a mixed-use building. If constructed on site or in a mixed-use building, the floor area of the affordable units shall not be in the calculation of floor area for the purposes of this article.
C. 
As an alternative to fulfilling the affordable housing requirements set forth in Subsection A above, the nonresidential developer may make a payment in lieu of constructing the affordable units. The amount of said payment shall be determined by establishing the number of jobs to be created in a development by using the conversion factors published by COAH as Appendix E in N.J.A.C. 5:94-1 et seq., dividing by 25 to determine the number of affordable housing units required, and multiplying the resulting figure by the subsidy required to create an affordable housing unit in Highland Park Borough.
Use Group
Description
Square Feet of Gross Floor Area Generating Obligation of One Affordable Unit
Jobs per 1,000 Square Feet
B
Office buildings. Places where business transactions of all kinds occur. Includes banks, corporate offices, government offices, professional offices, car showrooms and outpatient clinics.
8,333
3
M
Mercantile uses. Buildings used to display and sell products. Includes retail stores, strip malls, shops and gas stations.
25,000
1
F
Factories where people make, process or assemble products. Includes automobile manufacturers, electric power plants, foundries and incinerators. F Use Group includes F1 and F2.
12,500
2
S
Storage uses. Includes warehouses, parking garages, lumberyards, and aircraft hangers. S Group includes S1 and S2.
125,000
0.2
H
High hazard manufacturing, processing, generation and storage uses. H Group includes H1, H2, H3, H4 and H5.
25,000
1
A1
Assembly uses, including concert halls and TV studios.
12,500
2
A2
Assembly uses, including casinos, nightclubs, restaurants and taverns.
8,333
3
A3
Assembly uses, including libraries, lecture halls, arcades, galleries, bowling alleys, funeral parlors, gymnasiums and museums, but excluding houses of worship.
8,333
3
A4
Assembly uses, including arenas, skating rinks and pools.
8,333
3
A5
Assembly uses, including bleachers, grandstands, amusement park structures and stadiums.
Exclude
Exclude
E
Schools, K-12.
25,000
1
I
Institutional uses, such as hospitals, nursing homes, assisted living facilities and jails. I Group includes I1, I2, I3 and I4.
12,500
2
R1
Hotels and motels.
31,250
0.8
U
Miscellaneous uses. Fences, tanks, barns, agricultural buildings, sheds, greenhouses, etc.
Exclude
Exclude
D. 
For developments that result in a number of jobs not evenly divisible by 25, the developer may construct the additional affordable unit off site in accordance with Subsection B above or, alternatively, the developer may make a payment in lieu of constructing an additional affordable unit in accordance with Subsection C above. If the developer selects the latter option, the amount of said payment shall be established by subtracting any whole multiples of 25 from the total number of jobs being created, dividing any remaining number of jobs by 25, and multiplying the resulting fraction by the subsidy required to create an affordable housing unit in Highland Park Borough. The actual payment in lieu of construction made by the developer may be negotiated with the Borough considering the actual land cost of the site(s) identified for affordable housing construction elsewhere within Highland Park Borough or the substitution of land, site preparation and/or construction services for all or a portion of the monetary payment otherwise required.
E. 
All nonresidential development in the CBD, C, PO, LI, QP, and CS Zoning Districts creating less than 25 jobs may provide one affordable unit off site in accordance with Subsection B above or may make a payment in lieu of constructing an affordable housing unit. If the developer selects the latter option, the amount of said payment shall be established by dividing the number of jobs by 25 and multiplying the resulting fraction by the subsidy required to create an affordable housing unit in Highland Park Borough. The actual payment in lieu of construction made by the developer may be negotiated with the Borough considering the actual land cost of the site(s) identified for affordable housing construction elsewhere within Highland Park Borough or the substitution of land, site preparation and/or construction services for all or a portion of the monetary payment otherwise required.
F. 
All nonresidential development not subject to the provisions of Subsections A through E above shall be subject to the provisions of development fees as set forth in § 85-4 of the Borough Code.
A. 
Affordable housing units being constructed on site or off site shall meet the requirements of the Highland Park Borough's Affordable Housing Ordinance and shall be in conformance with COAH's third round rules at N.J.A.C. 5:94-1 et seq., and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., including, but not limited to, requirements regarding phasing schedule, controls on affordability, low-/moderate-income split, heating source, maximum rent and/or sales prices, affordability average, bedroom distribution, and affirmative marketing.
B. 
To the greatest extent possible, affordable housing units being provided within inclusionary developments shall be disbursed throughout inclusionary developments and shall be located within buildings designed to be architecturally indistinguishable from the market-rate units otherwise being constructed within the development. To that end, the scale, massing, roof pitch and architectural detailing (such as the selection of exterior materials, doors, windows, etc.) of the buildings containing the affordable housing units shall be similar to and compatible with that of the market-rate units.
C. 
Single-family attached buildings in the form of semidetached (side-by-side) units or duplex (over and under) units, triplex and quadruplex buildings shall be deemed to be permitted uses in the underlying zone when created for the purpose of meeting the growth share obligation on site and shall conform to the bulk standards set forth in Article XV.
A. 
Any payment in lieu amount shall be derived from the analysis of the subsidy required to create an affordable housing unit in Highland Park Borough, which analysis shall be on file in the office of the Planning Board. The subsidy shall be adjusted annually based on the actual construction cost of an affordable housing unit, utilizing such indicators as the Consumer Price Index for housing, the New Jersey Department of Community Affairs construction indicators, or such other reliable source.
B. 
All payments in lieu of constructing affordable housing shall be deposited by Highland Park Borough into an affordable housing trust fund to be established by Highland Park Borough in conformance with regulations established by COAH and shall at all times be identifiable from development fees. These funds shall be used by Highland Park Borough in accordance with regulations established by COAH to create new affordable housing opportunities within the physical boundaries of Highland Park Borough.