[1]
Editor's Note: The title of this article was changed to "Conditional
Uses, Overlay Zones and Planned Residential Developments" from "Conditional
Uses; Planned Residential Developments" 7-13-2020 by Ord. No. 20-10.
Essential services shall be governed by the
following regulations:
A.
Enclosed or permanent structures providing public
utility services, including the following uses, electric substations,
transformers, switches and auxiliary distribution equipment, water
pumping and distribution stations and similar stations and equipment,
located in any of the residential zoning districts shall be subject
to the following regulations:
B.
Open, unenclosed uses shall be limited to the erection,
construction, alteration or maintenance, by public utilities or municipal,
state or other governmental agencies, of underground or overhead electrical,
gas, water transmission or distribution systems or collection, communication,
supply or disposal systems. Such systems may include poles, wires,
mains, conduits, drains, sewers, pipes, cables, alarms, signals, hydrants
and other similar equipment and auxiliary supplies in connection therewith
reasonably necessary for the delivery and supply of adequate services
by such public utilities and governmental agencies. No buildings are
permitted.
Planned residential developments shall be governed
by the following regulations:
A.
In planned residential developments, no building or
structure shall be erected and no existing building or structure shall
be reconstructed, moved, altered, added to or enlarged, nor shall
any land or building be designed, used or intended to be used for
any purpose other than as follows:
B.
In areas of the Planned Residential Development Zoning
District which do not qualify as planned residential developments
or do not elect to proceed as planned residential developments, all
of the requirements and regulations of the R-1 Single-Family Residential
Zoning District shall apply.
C.
No tract or tracts, lot or lots or parcel or parcels
shall be developed as a planned residential development unless it
shall contain a minimum of three acres of adjoining and contiguous
land and shall contain sufficient access to an approved and improved
street. For purposes of this acreage calculation, internal streets,
roads and rights-of-way shall not be deemed to divide acreage of a
planned residential development.
D.
Submissions for review.
(1)
An applicant for development in the Planned Residential
Development Zoning District shall submit required plans and documents
to the approving authority for review and approval as required by
the Borough of River Edge Site Plan Review Ordinance.[1] The approving authority shall distribute the documents
to the agencies required by law to review and/or approve the proposed
development as well as any Borough agencies, authorities or committees
which are concerned with the land use and growth management of the
Borough.
(2)
In addition to the documents submitted for review
and approval as required in the River Edge Site Plan Review Ordinance,
the applicant shall also submit a housing plan presenting the type,
sale and rental schedule for all dwelling units. Such a housing plan
shall include but not be limited to the following information:
(a)
The number of units to be sold and/or rented.
(b)
Sale prices and rental schedules.
(c)
Proposed phasing and anticipated build out of
sales.
(d)
Square footage and mix of all dwelling units.
(e)
Other information as required by the Planning
Board, Board of Adjustment or Borough Housing Authority.
E.
A planned residential development shall provide and
maintain a buffer zone no less than five feet wide from all external
lot lines of the planned residential development, except for that
portion which fronts upon an existing street or roadway. Such buffer
zone shall be kept in its natural state, where wooded; and when natural
vegetation is sparse or nonexistent, the planned residential development
may be required to provide a year-round visual screen of plantings
as determined by the Planning Board.
F.
All buildings and structures shall be set back no
less than 15 feet from any external street right-of-way line within
a planned residential development.
G.
Area, yard and bulk requirements shall be in accordance
with the Schedule of Area, Yard and Bulk Requirements for Planned
Residential Developments included herein.
H.
No building or structure shall have a height greater
than two and one-half (2 1/2) stories or 35 feet in a planned
residential development.
I.
Attached dwellings shall not exceed four dwelling
units in one building. Building line and elevations shall be staggered
to eliminate straight wall effect. The maximum continuous length of
any building shall not exceed 120 feet.
J.
The minimum distance between any two buildings shall
not be less than the average height above finished grade of the higher
of two opposing walls, but shall in no case be less than 20 feet.
K.
Each planned residential development shall contain
a minimum of 15% of its total land area in planned residential open
space.
(1)
Any open space required in a planned residential development
may include common recreation areas for residential uses and required
buffer areas for computation purposes as well as other permitted open
space functions as defined herein.
(2)
All property owners and tenants shall have the right
to use the open space areas of the planned residential development.
(3)
All open space areas deeded to an open space organization,
trust or private organization shall be owned and maintained as provided
for in N.J.S.A. 40:55D-43.
M.
The right-of-way and pavement widths of all internal
streets, roads and vehicle-traveled ways shall be determined based
upon sound engineering and planning principles and specifications
and standards in conformity with the estimated needs of the planned
residential development and the anticipated traffic to be generated.
They shall be adequate in size, location and design to accommodate
the maximum traffic, parking and loading requirements as well as police
and fire-fighting equipment.
N.
All streets and roads, either dedicated public streets
or privately owned and maintained, or any combination thereof, shall
be subject to all Borough ordinances as well as Bergen County and
State of New Jersey specifications governing and regulating construction
of streets and roads.
O.
If so specified by the Planning Board, a planned residential
development shall provide a system of continuous paved walkways not
less than 4.5 feet in width linking primary residential dwelling entrances
to off-site roads.
P.
All utility improvements, including storm drainage
systems, sanitary sewage collection systems and disposal and water
supply systems shall be in accordance with specifications and standards
and procedures established by all Borough ordinances and county and
state regulations and guidelines. All utility improvements shall be
subject to review and approval by the Borough Engineer and the Borough
Board of Health Inspector as well as appropriate county and state
agencies. Electric, gas and telephone service shall be provided by
the developer of any planned residential development in accordance
with the appropriate public utilities providing such services. Said
services shall be provided as part of an underground system.
Q.
Monuments, street names and other traffic control
devices, shade trees, streetlights, sidewalks, curbs, fire hydrants
and all aspects of the street construction as well as other improvements
shall be subject to Borough ordinances and regulations and inspection
and approval by the Borough Engineer.
S.
The applicant for a planned residential development
shall be required to submit a comprehensive development plan for the
entire area so zoned and under the applicant's control. This plan
shall be submitted in accordance with the Site Plan Review Ordinance,[4] Zoning Ordinance and other applicable Borough, county
and state regulations. The comprehensive development plan shall be
submitted as part of the preliminary site plan application.
T.
Each planned residential development containing or
proposed to contain 24 dwelling units or more shall be developed in
stages as follows:
(1)
The first stage shall be limited to 33% of the total
number of dwelling units authorized by the approving authority. The
developer shall obtain all approvals for the first stage, including
preliminary subdivision, final subdivision, preliminary site plan
and final site plan approvals. The second stage of the development
may be submitted two months after the date upon which final site plan
approval shall have been approved. All subsequent stages shall likewise
have a waiting period of no less than two months from the time of
approval granted by the approving authority of the preceding stage.
(2)
The approving authority shall have the right to increase the waiting period indefinitely. Should the approving authority based upon the criteria listed in Subsection T(3)(a) through (d) determine that an increased waiting period shall be necessary, the authority shall deny the application for approval of that stage and make appropriate findings as to the reason for increased delay. The developer may request permission to proceed with the second or subsequent stages without submission of all plans and formal application. If such a request is made, the approving authority shall grant or deny the request within 45 days.
(3)
In the deliberation of the proposed sequence of stages,
the approving authority shall be guided by the following criteria:
(a)
That adequate protection will be provided to
ensure the proper disposition of each stage through the use of maintenance
and performance guaranties, covenants and other formal agreements.
(b)
That each stage is substantially self-functioning
with regard to parking and loading areas, utilities and infrastructure
support systems, open space and similar development programs for the
safe and proper functioning of the development.
(c)
That each stage shall be able to support occupants
and all necessary operations and maintenance for the proper and timely
completion of the development.
(d)
That each stage is properly related to every
other stage of the development and to the adjacent land uses and the
community.
U.
A plat submitted for final approval shall be required
to be in total compliance with the Borough Zoning Ordinance and to
be in substantial compliance with the comprehensive development plan
submitted as part of the preliminary plan granted by the approving
authority. Any plat which is not in compliance with the comprehensive
development plan submitted at preliminary approval for the entire
site shall require an amendment to the preliminary approval, including
new public hearings.
[Added 9-8-2009 by Ord. No. 1659; amended 12-19-2011 by Ord. No.
1746; 3-16-2015 by Ord. No. 1817]
A.
Procedure. Pursuant to N.J.S.A. 40:55D-l et seq., the Planning Board may grant conditional uses as herein permitted. Application for a conditional use site plan shall be made in accordance with procedures set forth in the Municipal Land Use Law and Chapter 350 of The Revised General Ordinances of the Borough of River Edge, and the Planning Board shall act on the application in accordance with said procedures. In reviewing an application for any conditional use as herein provided, the Planning Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangements of entrances and exits to assure public safety. The requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located and all other regulations are area and bulk standards, not conditional use standards.
B.
Multifamily residential dwellings shall be a permitted conditional use in Block 1005, Lots 6.01 through 12, and Block 1302, Lots 1, 2 and 3, provided that the proposed use complies with the conditions set forth in Subsection C contained herein and upon issuance of an authorization therefor from the appropriate approving authority.
C.
Multifamily residential dwellings shall be permitted as a conditional
use in accordance with the following conditions:
(1)
Any multifamily dwelling proposed under this section shall include
ten-percent senior-citizen occupancy, which means that occupancy of
10% of the units must be by families or individuals, one or more of
whom is a minimum of 55 years of age. In addition to occupancy by
at least one senior citizen, no individual younger than 19 years of
age shall be permitted to permanently reside in any such unit.
(2)
A multifamily dwelling must have a minimum lot area of 80,000
square feet.
(3)
The maximum permitted density for a multifamily residential
dwelling shall be one dwelling unit for each 1,175 square feet of
property.
D.
In addition to the conditional use requirements of this district,
all proposals shall comply with the following area and bulk regulations
and design standards:
(1)
Bulk regulations.
(2)
Building requirements.
(a)
Maximum building length along a county road: not to exceed 80%
of frontage width.
(b)
Extensions into the required setbacks from buildings to streets
and external lines shall be permitted only as follows:
(c)
Maximum building height:
[1]
Fronting on a county road: four stories and no
more than 45 feet above grade at the front foundation line. In addition,
a decorative parapet or other architectural elements can be used,
provided that they do not exceed an additional five feet above the
roofline and do not occupy more than 20% of the total width of the
facade.
[2]
Inside development: no more than an average of
65 feet above grade along the rear foundation line as measured at
the rear facade of the building. In addition, a decorative parapet
or other architectural elements can be used provided they do not exceed
an additional five feet above the roofline.
(d)
Building facades. The front and side facades of the building
shall be designed to meet the following requirements:
[1]
Each facade should be designed to have a delineated
floor line between street level and upper floors. This delineation
can be in the form of a masonry belt course, a concrete lintel or
a cornice line.
[2]
Each facade facing must have elements of vertical
articulation comprised of columns, piers, recessed windows or entry
designs, overhangs, ornamental projection of the molding, different
exterior materials or wall colors, or recessed portions of the main
surface of the wall itself.
[3]
The vertical articulations shall be a maximum of
30 feet apart and a minimum of one foot in depth.
[4]
The top of the structure, within the first 50 feet
of the site shall be capped by a cornice or sloping roof element.
(3)
Common open space implementation requirements.
(a)
A minimum of 20% of the development shall be active or passive
common open space.
(b)
Buffer areas, wetlands and easements shall be eligible for inclusion
in the open space calculation required by this section.
(c)
Active open space may be improved with facilities, buildings
and structures for indoor and outdoor recreational activities consistent
with the residential character of the development and the lifestyle
needs of the residents therein.
(d)
All active open space shall be connected to residential areas
with walkways or other reasonable means of access.
(e)
Passive open space shall be that portion of the property which
is unimproved and is for the use or enjoyment of the occupants of
the residence.
(4)
Off-street parking.
(a)
Off-street parking spaces shall be provided for each dwelling unit in accordance with New Jersey Residential Site Improvement Standards, and may include garages, parking decks under residential buildings and surface parking lots. The Planning Board shall approve the location of proposed off-street parking spaces in accordance with Chapter 350 of the Borough Code.
(b)
Parking shall not be permitted in the front yard.
(5)
Circulation. All public streets, internal roadways and private
driveways shall be in accordance with the rules of the New Jersey
Residential Site Improvement Standards.
(6)
Buffering.
(a)
The approving authority shall have the power to require buffer zones of at least six feet of landscaping. Buffer zone requirements contained in § 416-59B of the Borough Code, except as they govern width, are hereby made applicable. The approving authority shall also be guided by § 350-32 of the Borough Code with regard to landscaping design criteria.
(b)
Retaining walls shall be permitted in the buffer area provided
they are tiered in height every six feet and landscaping is provided
between the tiers.
(c)
Excluded and excepted from the buffer requirements are municipal
easements.
(7)
Development subject to applicable Borough ordinances. Any development
in the zone district shall be subject to all applicable ordinances
of the Borough of River Edge. Where there is any conflict between
the provisions of this section and the provisions of the Site Plan
Ordinance and/or the Land Subdivision Ordinance,[1] the provisions of this section shall prevail.
(8)
Signs. One sign shall be permitted at the site entrance identifying
the development. The sign may have a maximum of two faces, neither
face shall exceed 25 square feet.
(9)
Low- and moderate-income housing requirement. A development
complying with this ordinance shall be required to assist the municipality
in addressing affordable housing obligations in accordance with the
following standards.
(a)
Any development pursuant to this ordinance shall provide a presumptive ten-percent set-aside of affordable units on site or equal to the number of such units as may be determinable under COAH regulations for inclusionary development at the time of approval by the approving authority. These units shall be used to satisfy the set-aside requirements of Subsection C(1) of this ordinance.
[Added 7-13-2020 by Ord. No. 20-10]
A.
Purpose.
(1)
The purpose of the AH-1 New Bridge Road Affordable Housing Overlay
Zone is to create a realistic opportunity for the construction of
low- and moderate-income housing in a suitable location of the Borough
of River Edge, and address a portion of the Borough's fair share affordable
housing obligation in accordance with the Fair Housing Act (FHA),
applicable Council on Affordable Housing (COAH) regulations, Settlement
Agreement entered into between the Borough and Fair Share Housing
Center on June 24, 2019, the Borough's Housing Element and Fair Share
Plan, and any applicable order of the Court, including a Judgement
of Compliance and Repose Order. Developers shall have the option of
developing in accordance with the underlying zone standards.
(2)
In addition, it is the intent and purpose of the AH-1 Zone to achieve
the following:
(a)
Minimize impacts to the local school district by encouraging a greater
proportion of studio and one-bedroom dwelling units, except as required
for the bedroom distribution of affordable housing units in accordance
with the applicable affordable housing regulations.
(b)
Promote quality site and building design that recognizes the AH-1
Overlay Zone as a gateway to the community and is harmonious with
the New Bridge Landing Historical Site located across New Bridge Road.
B.
Principal
uses. The following principal uses shall be permitted in the AH-1
Overlay Zone:
(1)
Inclusionary multifamily development.
(2)
Mixed-use development consisting of principal uses permitted in the
C-1 Zone located on the ground level and inclusionary multifamily
development only above the first floor.
(3)
C-1 Zone principal permitted uses in accordance with Attachment 416b,
Zoning District Use Regulations.
C.
Accessory
uses. The following accessory uses shall be permitted in the AH-1
Overlay Zone:
(1)
Private indoor recreation and community rooms and facilities to be
used exclusively by the residents of the development.
(2)
Private indoor recreation.
(3)
Leasing/management office exclusively for the residential component
of the development.
(4)
Roof-mounted solar panels and equipment. Ground-mounted solar panels
shall be prohibited.
(5)
Green roofs.
(6)
Rooftop amenities to be used exclusively by the residents of the
development.
(7)
Electric vehicle (EV) charging equipment.
(8)
Signs.
(9)
Fences and walls.
(10)
Trash and recycling facilities.
(11)
Accessory uses customarily incidental to multifamily development.
(12)
Accessary uses customarily incidental to uses permitted in the C-1
Zone when such uses are proposed.
D.
Affordable
housing requirements.
(1)
All development constructed in accordance with the AH-1 Zone standards
shall be required to provide a minimum affordable housing set-aside
of 20%, regardless of whether units are for sale or for rent. When
calculating the required number of affordable units, any computation
resulting in a fraction of a unit shall be rounded upwards to the
next whole number.
(2)
All affordable units to be produced pursuant to this section shall comply with Chapter 50, Affordable Housing Regulations, of the Borough Code, as may be amended and supplemented, the Uniform Housing Affordability Controls (UHAC) (N.J.A.C. 5:80-26.1 et seq.) or any successor regulation, the Borough's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the Court, including a Judgment of Compliance and Repose Order. These requirements include, but are not limited to the following:
(a)
Low/moderate income split: A maximum of 50% of the affordable units
shall be moderate-income units and a minimum of 50% of the affordable
units shall be low-income units. At least 13% of all restricted rental
units shall be very-low-income units, which shall be counted as part
of the required number of low-income units within the development.
(b)
Bedroom distribution: The following bedroom mix shall apply to affordable
units:
[1]
The combined number of efficiency and one-bedroom units shall be
no greater than 20% of the total low- and moderate-income units;
[2]
At least 30% of all low- and moderate-income units shall be two-bedroom
units;
[3]
At least 20% of all low- and moderate-income units shall be three-bedroom
units; and
[4]
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
(c)
Deed restriction period: All affordable units shall be deed restricted
for a period of at least 30 years from the date of the initial occupancy
of each affordable unit (the "deed-restriction period"). The affordability
controls shall expire only after they are properly released by the
Borough and/or the Borough's administrative agent at the Borough's
sole option in accordance with N.J.A.C. 5:80-26.11 for rental units
or N.J.A.C. 5:80-26.5 regulating for-sale units.
(d)
Administrative agent: All affordable units shall be administered
by a qualified administrative agent paid for by the developer, which
may or may not be the Borough's administrative agent.
(e)
Other affordable housing unit requirements: Developers shall also comply with all of the other requirements of Chapter 50, Affordable Housing Regulations, of the Borough code including, but not limited to, provisions for (1) affirmative marketing requirements; (2) candidate qualification and screening requirements; (3) integrating the affordable units amongst the market-rate units; and (4) unit phasing requirements. In any case where more than one principal building is developed, the affordable units shall be dispersed between all of the buildings on site. The exact locations and dimensions for each affordable unit shall be specified at the time of site plan application.
E.
Area
and bulk requirements. The area and bulk requirements for development
built in accordance with the AH-1 Overlay Zone standards are set forth
below. All other development shall comply with the underlying zone's
area and bulk regulations, which shall remain in full force and effect.
(1)
Minimum tract area: two acres.
(2)
Maximum density: 20 units per acre.
(3)
Minimum dwelling unit size: 700 square feet.
(4)
Minimum front yard setback: 30 feet.
(a)
Front yard setbacks shall be measured from any road widening easements
(5)
Minimum side yard setback (each): 50 feet.
(6)
Minimum rear yard setback: 50 feet.
(a)
NOTE: In the AH-1 Overlay Zone, for purposes of calculating the rear
yard setback, including corner lots, the rear lot line shall be determined
as the lot line opposite and parallel to New Bridge Road, which is
also directly adjacent to the N.J. Transit rail corridor. All other
lot lines not directly fronting a public right-of-way shall be considered
side lot lines.
(7)
Maximum building coverage: 40%.
(8)
Maximum improved lot coverage: 85%.
(9)
Maximum building height: four stories/45 feet.
(a)
Appurtenances attached to the principal building including, but not
limited to, antennas, chimneys, bulkheads, mechanical equipment, penthouses
(not for human occupancy) and similar type features shall not exceed
12 feet in height and shall not occupy more than 15% of the total
roof area. Pergolas for rooftop amenity spaces shall not exceed 10
feet in height. All roof mounted appurtenances shall have a minimum
ten-foot setback from the parapet. Flat roofs shall have parapets
of not less than 42 inches and not more than 48 inches or as may otherwise
be required.
(10)
Landscape buffers:
(a)
Minimum side landscape buffer: 15 feet.
(b)
Minimum rear landscape buffer: 10 feet.
(c)
Landscape buffers shall minimally consist of a six-foot-high solid
fence or wall, year-round screening consisting of a mix of evergreen
and deciduous shrubs, and ornamental and/or shade trees planted at
regular intervals not to exceed 50 feet on center. Landscape buffers
may be interrupted where driveway access is provided between Lots
4 and 5, pedestrian access is provided along the northerly boundary
of Lot 3 and for any proposed or required easements.
F.
Design
requirements.
(1)
When developed as a mixed-use project, residential units shall only
be permitted above the ground floor, except that ground floor areas
used for access to such uses shall be permitted.
(2)
Parking.
(a)
The minimum number of off-street parking spaces shall be provided in accordance with Residential Site Improvement Standards for multifamily uses and § 350-25 of the Borough Code for nonresidential uses.
(b)
Parking shall be prohibited in the front yard(s), except when retail
or service uses permitted in the C-1 Zone are incorporated in the
development.
(c)
Surface parking outside of the principal building footprint shall
have year-round screening with landscaping of minimally three feet
in height where visible from the public right-of-way.
(d)
Parking areas within the principal building footprint shall have
screening and architectural treatment consistent with the front building
facade on all sides.
(3)
Building design.
(a)
Buildings with expansive blank walls are prohibited.
(b)
Side and rear building elevations shall receive architectural treatments
comparable to front building facades.
(c)
Each facade shall be designed to have a delineated floor line between
the street level and upper floors.
(d)
Each building facade facing a public right-of-way shall have elements
of vertical articulation no greater than 50 feet apart minimally one
foot deep. Such features may project a maximum of 18 inches into any
required yard setback having a width not to exceed 10 feet.
(e)
Balconies above the first floor are encouraged and may extend a maximum
of four feet into any required yard setback.
(f)
Flat roof area not occupied by appurtenances or amenity space shall
be constructed as a "cool roof”" with solar reflectivity of
50% or greater as certified by the Cool Roof Rating Council.
(g)
Fire escapes are prohibited on front building facades, except where
required by the Borough Fire Official.
(h)
Primary building entrances for multifamily and commercial uses, when
applicable, shall be oriented facing a public right-of-way. Rear entrances
may also be provided.
(i)
Awnings and canopies are encouraged at the ground floor level.
(4)
Trash and recycling.
(a)
Trash and recycling shall be stored in a designated location within
the principal building or enclosed accessory structure. Dumpster enclosures
shall be prohibited in front yards and shall be screened with minimally
six-foot-high solid fencing and/or walls with materials and colors
that are consistent with the principal building.
(5)
Equipment.
(a)
All roof-mounted equipment such as HVAC, air conditioning and ventilation
units shall be screened from public view.
(b)
Any ground-mounted equipment shall be enclosed with fencing and/or
landscaping to provide year-round screening. All equipment shall be
prohibited in the front yard except as may be required by a utility.
(6)
Landscaping and streetscape.
(a)
Foundation plantings and landscape beds shall be installed around
the principal building.
(b)
Shade trees shall be installed at regular intervals in the front
yard with a maximum spacing of 50 feet on center to function as "street
trees."
(c)
A landscape plan shall be provided including a mix of ornamental,
shade and/or evergreen trees, shrubs, perennials, grasses, perennials
and annuals.
(d)
Native and deer-resistant plant species are encouraged where appropriate.
(e)
Streetscape improvements including paving, lighting and tree installation
shall be provided in accordance with Borough standards at the discretion
of the Borough Engineer.
G.
Easements.
(1)
The existing drainage easement on Lot 3 shall be maintained.
(2)
Development shall adhere to any existing or required road widening
easements.
(3)
A minimum ten-foot-wide public access easement shall be provided
along the entire side lot line shared between Block 1303 Lots 1 and
3 providing access to the adjacent Bergen-County-owned property.
