[Added 12-2-1992 by Ord. No. 27-1992; amended 12-16-1998 by Ord. No. 16-1998]
[Amended 8-11-1999 by Ord. No. 10-1999]
A.
Block 24, Lot 24, as further described in Schedule
A,[1] is a tract of land that is 100.74 acres and located in
the easterly portion of the Borough of North Haledon immediately contiguous
to the boundary line of the Borough of Hawthorne. The tract is unique
in many significant ways. It is a large tract consisting of approximately
100 acres, and it has very limited access for vehicular traffic. Because
of the manner in which development has occurred in the Borough of
Hawthorne contiguous to the tract on its easterly boundary, direct
vehicular access is currently unavailable into Hawthorne. Much of
the tract on its southerly boundary as well as its westerly boundary
is contiguous to established and developed one-family homes fronting
on minor, substandard streets that are not amenable to the influx
of significant volumes of traffic. Effectively speaking, in order
to make the development of the India Quarry tract compatible with
the existing development character of the single-family zones contiguous
to it, all of the traffic from the proposed multifamily zones to be
generated by development on the tract must be oriented away from the
existing road pattern of the Manor Road, Terrace Avenue, and Ridge
Road areas. Additionally, the former utilization of the property as
an active quarry for many decades has left a pervasive geophysical
impact on the tract, with exposed cliff areas in excess of 80 feet
running through substantial portions of the tract. Additionally, a
man-made lake in the crater of the former quarry consisting of 15.52
acres has remained. Furthermore, the remaining areas of the property
have unique attributes and topographic characteristics that further
inhibit the options for development on the tract that includes 27.45
acres with slopes of greater than 15%. The India Quarry tract has
been zoned for industrial development until December 1992 when the
governing body determined that an industrial classification was no
longer appropriate. At the time the industrial classification was
established for the tract, it was an active quarry and the zone designation
was suitable to the actual utilization. The quarry activities bridged
the municipal boundary. Part of the quarry was located in Hawthorne
and part in North Haledon. Access for vehicular traffic from Hawthorne
is no longer available and, if the subject property were developed
industrially, it would introduce into the residential areas of North
Haledon contiguous to the tract industrial vehicular traffic that
would be inappropriate both to the district as well as to the road
system. The governing body finds and determines that the site was
not realistically amenable nor suitable for industrial development
and that its future potential and developability for industrial purposes
was less in furtherance of the objectives of the Master Plan of the
municipality than its rezoning as hereinafter provided would be. In
December 1992, a significant portion of this property was rezoned
into an Affordable Housing Townhouse District. Essentially, the portion
of the tract so rezoned was the portion that is on the northerly and
easterly and northwesterly boundaries of the lake and that portion
of the tract that is contiguous to Hawthorne, as further described
in Schedule B.[2] The remaining portion of Block 24, Lot 24, on the easterly
boundary contiguous to the Ridge Road area is intended to be rezoned
to a single-family district classification of RA-1 and on the southerly
boundary contiguous to the Manor Road and Terrace Avenue areas was
rezoned to a single-family zone district classification of RA-3.
B.
On December 16, 1998, the India Quarry tract was further
rezoned. The primary purpose of this rezoning was to include all of
Block 24, Lot 24, in the Affordable Housing Townhouse District-1 Zone,
except for that portion of the tract in the Ridge Road area consisting
of 10.5 ± acres that was to remain in the RA-1 Zone, as further
described in Schedule C.[3] This rezoning would not only facilitate development of
the India Quarry tract as an affordable housing district but would
create a more effective buffer between development within the India
Quarry site and the surrounding single-family homes in the Manor Road
and Terrace Avenue areas. The overall number of housing units was
also reduced. Furthermore, a 3.5-acre ± area of land between
proposed road B and the property's westerly boundary as shown on Concept
Plan D and as more particularly described in the metes and bounds
in Schedule D[4] shall be a buffer area in which no buildings shall be
constructed.
C.
The Borough of North Haledon essentially is a one-family
developed community. In recent years, our courts and the State Legislature
determined that there is a need for a variety of affordable housing
throughout the state. The Fair Housing Act was adopted by the Legislature
in response to the Mount Laurel decisions of the New Jersey Supreme
Court. Pursuant to the Fair Housing Act, the Council on Affordable
Housing has been created, and its purpose is to assure that a realistic
opportunity for a variety of housing will be provided in municipalities
that have an obligation to meet certain regional and local needs.
COAH has determined that the Borough of North Haledon has an obligation
to provide such a variety of housing. In order to meet, in part, that
obligation, the Borough has heretofore adopted an Affordable Housing
Townhouse District-1 Zone with Mount Laurel inclusionary units as
a component. The governing body determines that, in order to further
meet that obligation, the India Quarry site is appropriate for townhouse
construction with affordable housing set-aside components. While the
governing body finds and determines that the India Quarry site is
appropriate for townhouse development, it also finds and determines
that this site should be developed as a townhouse development, but
in such a way as to not deleteriously affect the existing residential
developed character of the areas contiguous to the tract.
D.
Accordingly, the rezoning of the tract for townhouse
development provides for disparate zone district treatment of the
entire tract so that a portion of it contiguous to the established
one-family districts will be zoned for development consistent with
and congruent to those existing developed districts and the townhouse
development will be limited on the site to those portions of the tract
that are appropriate to such use without a deleterious, negative impact
upon the established zoning pattern and characteristics of the community.
The article, therefore, has as its intent and purpose, and in furtherance
of the objectives of the Master Plan, the encouragement and provision
for the continuity of the established one-family character of the
community. The governing body nevertheless determined and finds that
it is appropriate that, on the India Quarry site, townhouse construction
should be permitted with set-aside units. The governing body has further
determined that the India Quarry site is also appropriate for the
inclusion of affordable housing units that meet the spirit and intent
of the Fair Housing Act. The governing body, accordingly, has provided
in this district an enhanced permitted density factor in order to
make it economically feasible for the developer to build Mount Laurel
units. At the same time, the governing body determines that the within
article should contain appropriate constraints and regulations that
will provide for appropriate development of this environmentally sensitive
tract.
E.
The Borough of North Haledon adopted an amendment
to the Master Plan Housing Element. The amendment to the Master Plan
Housing Element determined that the India Quarry tract was a suitable
site for townhouse development of 301 units with a Mount Laurel set-aside
of 53 units.
F.
The governing body finds that a portion of Block 24,
Lot 24, consisting of 90.9 ± acres, as described in Schedule
B,[5] shall be included in the Affordable Housing Townhouse
District-1 Zone, and the maximum number of appropriate units is 287,
of which 53 units shall be Mount Laurel set-aside units.
[5]
Editor's Note: Schedule B is on file in the
office of the Borough Clerk.
G.
The governing body further determines that the remaining
portion of Block 24, Lot 24, consisting of 10.5 ± acres, as
described in Schedule C,[6] shall be included in the RA-1 District, and the appropriate
number of single-family homes is 14.
[6]
Editor's Note: Schedule C is on file in the
office of the Borough Clerk.
H.
The governing body has provided an enhanced density
of the entire Block 24, Lot 24, in order to make it economically feasible
for a developer to build Mount Laurel housing. The zoning reclassification
of the tract, for a total of 301 units, consisting of 287 townhouse
units and 14 detached one-family units, is an inducement to make it
realistically possible for this tract to generate 53 affordable housing
Mount Laurel set-aside units.
I.
At the same time, the governing body determines that
the within article should contain appropriate constraints and regulations
that will provide for appropriate development of this tract so as
to be compatible with the surrounding single-family home district,
while conforming to the rules and regulations of the New Jersey Council
on Affordable Housing.
Because of the uniqueness of the site herein
rezoned, which permits a significantly enhanced density, and because
of the critical need to protect against significant deleterious traffic
impacts upon residential areas proximate to the site, the Board shall
require, as a condition of approval, the construction and installation
by the developer of certain off-site road improvements and traffic
control improvements for the intersection of Linda Vista Avenue and
North Haledon Avenue, for Terrace Avenue, and Ridge Road, to be described
in the developer's agreement. It is hereby legislatively determined
that, but for the said improvements at the cost of the developer,
the enhanced density permitted by the within article would not be
in the public interest. The developer shall, prior to the submission
of any land use application to the Borough, execute an appropriate
initial agreement assuring the construction of the said improvements,
subject to such modifications as shall be required as the result of
site plan approval by the Planning Board of North Haledon.
[Amended 8-11-1999 by Ord. No. 10-1999]
A.
The site being rezoned has geographical and locational
attributes which render its potential development difficult and environmentally
sensitive. The unique geophysical and locational attributes of the
site become particularly critical because the within article contains
an integral affordable housing set-aside component, which, to be financially
viable, necessitates an enhanced density of free-market units. In
order to insure that the site is, in fact, constructed substantially
in accordance with the within article and the extensive environmental,
engineering, planning, legal, and policy studies that have been conducted
over an extensive period of time both by the developer and its staff
and the Borough and its staff, it is hereby determined and ordained
that no land use applications shall be submitted to the Planning Board
or the Board of Adjustment, as the case may be, until the developer
has executed a preliminary developer's agreement approved as to legal
sufficiency by the Borough Attorney and approved as to substantive
content by the Mayor and Council. This agreement shall identify inter
alia specific off-site and on-site improvements that are deemed to
be critical to the successful incorporation of this development into
the Borough of North Haledon. A finalized developer's agreement shall
be executed upon approval. The finalized developer's agreement shall
be executed in recordable form by the record owners, and the owners
shall provide an appropriate subordination to the developer's agreement
by any record holders of mortgages or encumbrances.
B.
The applicant by its submission of a land development
application to the Planning Board or Board of Adjustment understands
and agrees that, as a condition of site plan approval, it will make
improvements to the intersection of Linda Vista Avenue and North Haledon
Avenue and to Terrace Avenue and Ridge Road and any other off-site
improvements deemed to be appropriate by the Planning Board in accordance
with N.J.S.A. 40:55D-42.
[Amended 11-2-2022 by Ord. No. 25-2022]
[Amended 8-11-1999 by Ord. No. 10-1999]
Inasmuch as the construction of townhouse units
on the site may have a negative impact upon the zoning plan and scheme
of the Borough unless an adequate system of ingress and egress for
vehicular traffic is provided, and since such ingress and egress through
the existing street system in the detached one-family residential
districts would be inappropriate, no land use application shall be
filed unless the developer presents for review and approval by the
governing body an executed agreement between the contract purchasers
or owner and the contract purchaser or owner of appropriate contiguous
property granting in perpetuity such rights of ingress and egress.
In the event the Borough of North Haledon determines that, in order
to have an appropriate development in the area, it should exercise
its power of eminent domain for proper traffic movement, the applicant
agrees to reimburse the Borough of North Haledon for its reasonable
costs to condemn the ingress and egress easement.
Except as provided herein for emergency access,
no traffic to or from the multifamily site shall have direct access
to or from any contiguous roads in the RA Residential Zones. The governing
body does hereby make an explicit legislative finding that to permit
such direct access to or from roads in single-family detached dwelling
districts would have a substantial deleterious impact on such areas,
and the existing road system lacks the capacity to receive such augmented
traffic flows.
The provisions of all relevant ordinances of
the Borough shall be applicable to any project on the site, unless
such other provisions are explicitly made not applicable by the provisions
of the within article. No provision of any relevant ordinance shall
be deemed by inference to be not applicable, and the nonapplicability
of any other ordinance shall be strictly limited to any express and
specific language of nonapplicability that is included in the within
article.
It is anticipated that from time to time the
regulations of the Council on Affordable Housing may be changed, amended,
or modified. All of the present regulations of the Council on Affordable
Housing are hereby incorporated by reference as though fully set forth
herein and shall be applicable to the inclusionary multifamily district,
except as specifically modified by the within article. Any such amendment,
change, or modification as shall be finally adopted from time to time
by the Council on Affordable Housing shall be automatically determined
to be made a part of the within article without the necessity of further
amendment to the article.
[Amended 2-21-2001 by Ord. No. 2-2001]
The following tract of land, as fully described
in Schedule B, as amended, is hereby rezoned and included in the Affordable
Housing Townhouse District-1 (AHTD-1).[1]
[1]
Editor's Note: Schedule B is on file in the
office of the Borough Clerk.
In the AHTD-1 Zone District, townhouse units
shall be a permitted use in accordance with the conditions, standards,
and restrictions provided in the within article.
The following words and terms shall have the
definitions hereafter provided:
An accessory use is any use which is subordinate but related
and customarily incidental to the principal permitted use, such as:
Signs as otherwise regulated in the Borough
ordinances.
Swimming pools, tennis courts, other outdoor
noncommercial (i.e., not open to the public at large) recreational
facilities, and recreational clubhouses.
Private garages and off-street parking for private
vehicles, excluding trucks which exceed three-fourths-ton capacity.
One convenience shop for the entire gross development
area.
All roadways and streets within the development and which
are designed to provide vehicular circulation of general benefit to
the development rather than to provide limited access to particular
clusters of townhouse buildings in the development. The following
shall not be considered access roads: any road, street, or driveway
running through parking areas and any road or street that has townhouse
units on each side and which does not extend off site. All roadways
in a development which do not meet the definition of an "access road"
shall be deemed internal streets/driveways. An access road shall be
no smaller in width than 30 feet, including right-of-way and pavement,
and its right-of-way may coincide with its paved area. No parking
shall be permitted on any access road.
A parcel of land or water area dedicated and designed for
the use and enjoyment of the owners and residents of the development,
provided that said area may be improved with buildings, structures
and facilities incidental to the recreation use. Motorized watercraft
are expressly prohibited.
[Amended 8-11-1999 by Ord. No. 10-1999]
A story partly above grade level having more than 1/2 of
its floor-to-ceiling height above the average level of the adjoining
ground. For the purposes of this chapter, a basement used for residential
purposes must have more than 50% of its volume of space above the
grade elevation to qualify as a story.
A room for sleeping of a size conforming with applicable
law.
The Planning Board or the Board of Adjustment, as the case
may be.
The percentage of gross development site area that is occupied
by buildings, including the plan projection of all projecting roof
areas.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs, and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
An area of unimproved land or water areas, including wetlands,
within the gross development site area; provided, however, that recreational
facilities with attendant buildings, structures and facilities may
be situated therein, as well as common building areas.
A facility designed to sell milk, bread, coffee, newspapers,
and certain other staple items, provided that such shop:
A street with a single means of ingress and egress and has
a turnaround, the design of which may vary. A divided-type entrance
roadway to at least the first cross-street with a median of sufficient
width to insure freedom of continued emergency access by lanes on
one side shall not be considered part of a cul-de-sac. Streets serving
multifamily developments with a single means of ingress and egress
and with shared parking facilities shall not be included within the
definition of "cul-de-sac."
[Added 8-11-1999 by Ord. No. 10-1999]
A two-unit building which has one or two habitable floors
with internal connecting stairs.
A dwelling unit which has one habitable floor and which has
one means of egress.
The entire area of the tract in the AHTD Zone, including
water bodies and wetlands.
Any road, street, or driveway which does not meet the definition
of an "access road." An internal street/driveway shall be no smaller
in width than 26 feet, including right-of-way and pavement, and its
right-of-way may coincide with its paved area.
The finished and heated area of a dwelling unit that is fully
enclosed by the inside surfaces of walls and windows, excluding cellars,
basements, attics, porches, garages, terraces, carports, heating rooms
and any unheated area. The ceiling height of 75% of the area must
be at least seven feet six inches.
The individual parking area servicing each unit in the development.
A set of development standards for all types of residential
development required for all New Jersey municipalities.
The shortest horizontal distance measured from any external
lot line to the nearest point of construction within the development.
That portion of a building included between the surface of
any floor and the surface of the floor above it.[1]
A building containing two or more dwelling units, either
unit separated from one another by plane vertical party walls (horizontal
townhouses) or built one-over-one dwelling units (vertical townhouses),
separate and apart, each having direct access to the outside and the
street without use of a common hall or passageway.
[1]
Editor's Note: The former definition of "total site coverage,"
which immediately followed this definition, was repealed 8-15-2018
by Ord. No. 15-2018.
No tract, parcel or lot may be developed except
in conformity with the within article.
Townhouse units shall be designed in accordance
with the following standards:
A.
Maximum building or structure length: 150 feet for
market-rate non-Mount-Laurel structures and 160 feet for structures
with Mount Laurel units contained therein.
[Amended 8-11-1999 by Ord. No. 10-1999]
B.
Horizontal townhouse building, maximum number of units
in a single structure: six.
[Amended 8-11-1999 by Ord. No. 10-1999]
C.
A building which has both vertical and horizontal
units, maximum number of units in a single structure: 12.
D.
Maximum building height: 3 1/2 stories, not to
exceed 45 feet, except that, on a slope, a building may have four
exposed stories at the lower portion of the slope.
E.
Maximum number of habitable stories: three, except
that an additional area of not more than 50% of the base story in
a permitted four-story structure may be used for habitable purposes
that shall not include recreation, garaging, storage, and utilities.
F.
Maximum number of horizontal units before a horizontal
break: three.
G.
Minimum break in horizontal alignment: four feet.
I.
Minimum building setback from access roads: 30 feet
at the end of the building, but 15 feet otherwise.
J.
Minimum building setbacks from internal streets/driveways:
15 feet measured from the edge of pavement of the internal street/driveway.
K.
Minimum building setback from the parking areas: 10
feet.
L.
The minimum habitable floor area shall be provided
by applicable law.
M.
Land use density requirements shall be as follows:
[Amended 8-11-1999 by Ord. No. 10-1999]
N.
Off-street parking requirements per dwelling unit
shall be as follows, in accordance with Residential Site Improvement
Standards requirements:
[Amended 8-11-1999 by Ord. No. 10-1999]
(1)
One-bedroom townhouse: 1.8 spaces per dwelling.
(2)
Two-bedroom townhouse: 2.3 parking spaces per
dwelling.
(3)
Three-bedroom townhouse: 2.4 parking spaces
per dwelling.
(4)
There shall be no parking of any vehicle along
access roads.
(5)
Parking stall size: exclusive of access aisle,
nine feet by 18 feet.
(6)
Accessory uses shall be served by the parking
required per dwelling unit, except that, if a convenience shop is
located within the development, appropriate additional parking spaces
shall be provided in the proximity of the entrance to the recreational
facility in which the convenience shop is located in the ratio of
one space per 100 square feet of total floor area of the convenience
shop. Any parking required for the convenience shop shall be credited
toward the number of parking spaces required for the recreational
facility in which the convenience shop is located.
Area, bulk, and yard regulations shall be as
follows:
A.
Subdivision/lot area. No subdivision of land located
within the AHTD-1 District shall be granted until a conceptual site
plan has been approved for the entire tract of land within the district
in accordance with the requirements of this article. The development
of the tract may be undertaken in phases in accordance with this article,
and each phase shall be depicted on the conceptual site plan for the
tract. At the request of the applicant, the Board, upon granting site
plan approval for any particular development phase, may, as provided
by law, concurrently grant approval to subdivide the remainder of
the parcel into lots corresponding to the phases approved in the conceptual
site plan. In granting preliminary subdivision or site plan approvals,
the Board shall confer upon the applicant the protections afforded
by N.J.S.A. 40:55D-49, pursuant to the statutory authority set forth
in N.J.S.A. 40:55D-49(d).
B.
Minimum lot frontage along access roads: 50 feet.
C.
Setback of structures from AHTD district lines: 30
feet.
E.
Grades:
(1)
Maximum original grade of buildable area for
structures: 30%, or such greater grade as the Planning Board, in its
reasonable discretion, may approve upon a showing of the stability
of the side slopes.
(2)
Maximum original grade for access roads, internal
streets/driveways, and parking areas: 30%, or such greater grade as
the Planning Board, in its reasonable discretion, may approve upon
a showing of the stability of the side slopes.
(3)
Maximum improved grade for access roads: 12%.
(4)
Maximum improved grade for internal streets/driveways:
12%; and parking areas: 6%; provided, however, that the Planning Board
may grant a waiver to permit steeper grades not to exceed 15% for
driveways in recognition of the site conditions within the tract.
Circulation requirements shall be as follows:
A.
A length of not less than 100 feet of any access road
that intersects with a public street shall be a divided roadway containing
one exit and one entrance lane, each 20 feet in width and separated
from each other at the point of intersection with the public road
by a divider with an average width of not less than six feet. The
development shall provide one or more means of access to the development
for emergency purposes only. The emergency access may be provided
by an extension of a public street in the adjoining single-family
residential zone; however, provision to be approved by the Board shall
be made to physically limit utilization of such emergency access to
emergencies.
B.
Roadway width for access roads shall be a minimum
of 30 feet and for internal streets/driveways shall be a minimum of
26 feet.
C.
Construction of pavement of all access roads shall
conform to the Borough standards for public roads.
D.
Sidewalks or walkways on site shall be constructed
in such locations as the Planning Board shall require in the interest
of safety.
A.
Water facilities.
(1)
The site shall be connected to a municipal water
system or to an independent source if municipal service is not available.
(2)
All facilities shall be designed and installed
in accordance with the standards of the applicable governmental bodies
having jurisdiction thereof.
(3)
All water mains shall be of a size that shall
be approved by the Haledon Water Department and shall be designed
with fire hydrants to provide adequate fire protection in accordance
with the recommendations of the National Fire Underwriters Board.
The location of fire hydrants shall be approved by the Municipal Fire
Department.
(4)
The water storage system shall conform to the
recommendations of the National Fire Underwriters Board. A separate
storage reservoir shall be provided. In the event that the Board determines
that an off-site location of such storage facility is appropriate,
the applicant shall pay its fair share of the cost for such off-site
facility.
B.
Sanitary sewerage system. The development shall be
serviced by a central sanitary sewage collection system discharging
into the municipal wastewater facilities. The collection facilities
shall be designed in accordance with the applicable ordinances of
the Borough and with the standards of the New Jersey Department of
Environmental Protection and/or appropriate local, county, state and
federal officials and agencies.
C.
Drainage and stormwater management.
(1)
The development shall be serviced by a stormwater management system as provided by Chapter 516, Stormwater Management, of the Borough and shall conform to all relevant federal and state statutes, rules and regulations concerning stormwater management or flood control.
(2)
The development will be required to provide a comprehensive drainage system for the entire property, including a mandate that there will not be any increase in the rate of runoff from the property than as permitted by Chapter 516, Stormwater Management. Moreover, the applicant will be required to ensure that there will be no significant impact from this development to the adjoining properties.
D.
Electric, gas, telephone and cable television services,
if available, shall be provided by the developer in accordance with
the provisions of the New Jersey Administrative Code, Title 14. One
master television antenna or one cable television connection shall
be provided for each building and such other applicable laws and regulations.
E.
Street improvements, monuments, street names and other
traffic control devices, shade trees, streetlights, sidewalks, curbs,
fire hydrants and all aspects of street construction, as well as other
improvements, shall be subject to local and state regulations and
Board approval.
F.
Subject however to the provisions of N.J.S.A. 40:67-23.1
et seq., as may be applicable, the residents of the development through
a duly organized homeowners' association or condominium association
shall be required to provide for the upkeep and maintenance of internal
streets/driveways, parking facilities, drainage facilities, streetlighting,
and snowplowing, as well as all common areas and all on-site infrastructures
not accepted for dedication by the municipality.
[Amended 8-11-1999 by Ord. No. 10-1999]
Common open space requirements shall be as follows:
A.
A minimum of 25% of the gross development site area shall be designated and designed for common open space, inclusive of the active recreational space specified in Subsection B below. Such area shall be optimally related to the overall plan and design of the development and shall provide that a portion thereof will be accessible and available to each unit owner of the development.
B.
A minimum of 10% of the gross development site area,
not to exceed six acres, shall be designed and dedicated for active
recreational purposes. Water areas shall be considered active recreation
purposes. Said parcel or parcels of land shall be located where reasonably
convenient to owners and residents of the units, but not detrimental
to adjacent property owners or residents by virtue of noise, glare,
light, dust or objectionable features. Such active recreational purposes
shall not be located closer than 200 feet from an RA-1, RA-2 or RA-3
Zone.
C.
Land having slopes in excess of 20% and wet marshland
(other than the lake) shall not qualify as active recreation space
as required by this article.
D.
Active recreation space may be improved with facilities,
buildings, and structures for indoor and outdoor recreational activities
consistent with the residential character of the development and subject
to the provisions of the within article and all applicable Borough
ordinances.
E.
All improvements of the common open space area, as
shown on the approved site plan, including recreational facilities,
buildings and structures, shall be completed before certificates of
occupancy shall be granted to more than 75% of the proposed dwelling
units.
F.
All open space shall be connected to residential areas
with walkways or other reasonable means of access.
[Amended 8-11-1999 by Ord. No. 10-1999]
Inasmuch as the Borough provides only curbside
on a public street garbage and refuse pickup, and the garbage and
refuse that would be generated by the 301 permitted units cannot conveniently
or consistent with health, public safety, and aesthetic considerations
be suitably placed for curbside pickup, the developer of the development
or the homeowners' association or similar organization shall be required
to provide at its own cost suitable arrangements for on-site pickup
and suitable disposal off site, subject, however, to the provisions
of N.J.S.A. 40:67-23.1 et seq., as may be applicable.
General design standards of a townhouse shall
be as follows:
A.
Each building and structure and each complex of the
same shall have a compatible architectural theme with appropriate
variations in design to provide attractiveness to the development.
Such variation shall result from the use of landscaping and the location
and orientation of buildings and structures to the natural features
of the site, as well as innovative and attractive architectural features.
The affordable units shall be similar in style and quality to the
free-market units.
B.
Landscaping.
(1)
Landscaping shall be provided throughout the
development site to provide a natural setting for buildings, structures,
and recreational facilities. Shade trees shall be planted, at the
discretion of the Board, adjacent to public or private roadways. The
trees shall be such as shall be approved by the Board in accordance
with the landscaping plan. No tree or plant material intended to grow
to a height of 18 inches shall be planted nearer than 25 feet to an
intersection, and the owner shall trim and maintain such material.
(2)
All island or unpaved areas within a street
shall be landscaped.
(3)
Within any area of clearing not occupied by
a building, structure, street, parking area or recreational facility,
there shall be such type and density of landscaping as shall be approved
by the Planning Board in accordance with a landscaping plan.
C.
Walkways shall be provided between residential buildings
and common parking areas in accordance with an approved conceptual
plan, subject to Planning Board approval of all design and construction
standards.
D.
No natural vegetation shall be disturbed, except as
approved by the Planning Board. The site plan shall indicate the maximum
area of clearing.
E.
The shoreline of the lake may be altered to provide
for shoreline stabilization and efficient site planning, and buildings
or structures may be located adjacent to the shoreline of the lake,
or may extend out over the lake, subject to compliance with all local,
state and federal regulations which may govern the foregoing activities.
Such proposed alteration shall be clearly delineated on the plans.
F.
Adequate lighting fixtures for walks, steps, parking
areas, driveways, streets and other facilities shall be located so
as to provide for the safe and convenient use of the same. Fixtures
shall be situated and designed in keeping with the character of the
development and shall be adequately shaded to screen windows of dwelling
units, both off and on the development site, from direct and indirect
light. No flashing, intermittent or moving light shall be permitted.
All lighting, including illumination levels, shall conform to the
requirements of the Board.
G.
Air-conditioning units in excess of 25,000 BTUs shall
be screened and insulated for aesthetic and acoustical purposes.
H.
Every dwelling unit shall have such means of ingress
and egress to the exterior as shall conform to applicable law.
I.
Adequate sound protection between dwelling units shall
be provided and designed in accordance with sound engineering principles.
Ownership and maintenance shall be as follows:
A.
The developer shall establish organization(s) for
the ownership and maintenance of any common open space for the benefit
of residents of the development. Such open space and other property
shall be held in perpetuity by the organization, subject to an open
space easement in a form to be approved by the Borough Attorney. Structures
and facilities in support of recreational activity may be constructed
in accordance with the approved site plan. Such organization shall
not be dissolved and shall not dispose of any open space, by sale
or otherwise, except to an organization conceived and established
to own and maintain the open space for the benefit of such development,
and ownership and maintenance of any common open space for the benefit
of residents of the development. Thereafter, such organization shall
not be dissolved or shall not dispose of any of its open space without
obtaining the consent of the members of the organization as provided
by law and also without obtaining consent of the municipality. The
developer shall be responsible for the maintenance of any such open
space until such time as the organization established for its ownership
and maintenance shall be formed and functioning, and the developer
or the organization as applicable shall be required to furnish a performance
guaranty, in an amount to be recommended by the Municipality's Engineer
and approved by the governing body, for such maintenance for a period
of two years after the date of certification of all improvements in
the development for performance and maintenance guarantee purposes.
B.
In the event that the organization shall fail to maintain
the 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 open space in reasonable condition
and demanding that such deficiencies be remedied within 35 days of
the date of service. In the event that there is an imminent hazard
to persons or property, the governing body may direct immediate remediation.
The notice shall also state the date and place of a hearing thereon,
which shall be held within 15 days after the date of the 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 thereof,
the governing body, in order to preserve the open space and maintain
the same for a period of one year, may enter upon and maintain such
land. Said entry and maintenance shall not vest in the public any
rights to use the open space, except when the same is voluntarily
dedicated to the public by the owners. Before the expiration of said
year, the governing body shall, upon its initiative or upon the request
of the organization theretofore 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
such open space in reasonable condition, the municipality shall cease
to maintain said open space at the end of said year. If the governing
body shall determine that such organization is not ready and able
to maintain said open space in a reasonable condition, the municipality
may, in its discretion, continue to maintain said 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.
C.
The cost of such maintenance by the municipality shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the 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 a part of the
taxes to be levied and assessed thereon and shall be enforced and
collected with interest by the same officers and in the same manner
as other taxes.
D.
It shall be the responsibility of the owner of the
common open space to maintain, in addition to the common open space,
all off-street parking, loading and unloading areas, access roads,
internal streets/driveways, aisles, sidewalks and accessways in good
condition, free of litter and refuse, potholes, cracked pavement,
ice, snow or other seasonal hazards, etc. All lighting, bumpers, markings,
signs, drainage 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.
E.
All documents pertaining to any neighborhood association
of common open space shall be subject to review by the Municipal Attorney
and recorded as a covenant running with the land when the final plat
is recorded by the County Clerk.
Any application for approval of any development plan shall be processed and reviewed pursuant to the procedures and standards of this article, Chapter 516, Stormwater Management, Chapter 490, Site Plan Review, Chapter 530, Subdivision of Land, and all other applicable ordinances, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The Board may engage, at the cost and expense of the applicant and/or developer, any and all reasonably necessary experts to assist the Board in the review of any aspects of the application, and the developer shall be required to post escrows to pay for such costs.
The applicant for a development shall submit a comprehensive conceptual site plan for the entire area zoned in the AHTD District and under the applicant's control. Said plan shall be in accordance with the terms of this chapter, Chapter 490, Site Plan Review, Chapter 530, Subdivision of Land, and the laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The comprehensive plan shall be submitted as part of the preliminary site plan application.
Each development may be developed in stages
as outlined herein:
A.
Applications for final site plan approval or final
subdivision approval, or both, shall be limited to a minimum of 15%
of the total number of housing units authorized by the Planning Board
at the preliminary application stage. Once a final approval for the
first stage is granted by the Board, the second stage shall not be
permitted for consideration by the Board for a period of less than
three months. All subsequent stages shall likewise have a waiting
period of no less than three months from the time of approval granted
by the Planning Board of the preceding stage.
B.
Sequence of stages/subdivisions. In the deliberation
of the proposed sequence of stages, the Board shall be guided by the
following criteria and factors:
(1)
That each stage is substantially self-functioning
and self-containing with regard to access, utility, service, parking,
open space and other similar physical features and shall be capable
of occupancy, operation and maintenance upon completion of construction
and development.
(2)
That each stage is properly related to every
other segment of the planned development and to the community as a
whole and to all necessary community services which are available
or which may be needed to serve the planned development in the future.
(3)
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.
(4)
That the applicant will provide a balanced distribution
for development in each stage, including affordable units as provided
herein. Said distribution shall be judged on the basis of level of
improvement cost, physical planning and coordination required and
other relationships which may be necessary to undertake each stage
or segment granted in connection therewith, but the stage/subdivision
approval shall be subject to their being provided. Nothing herein
shall require that open space/active recreation areas be apportioned
among the phases or subdivisions.
A Planning Board, in accordance with COAH provisions
of N.J.A.C. 5:93-10.3, may require that no site plan for a development
shall receive approval until an environmental impact study shall have
been submitted to and approved by the Planning Board. The purpose
of obtaining said approval shall be to determine that the impact of
this proposed project will not unreasonably affect the environment
of the proposed development and its surroundings. The environmental
impact statement shall include the following:
A.
Plan and description of development. A project description,
complete with maps and drawings, which shall specify what is to be
done and how it is to be done during construction and operation. The
description shall include but not be limited to contours, buildings,
roads, paved areas, grading and regrading, adjacent natural streams
and the project's relation to surrounding property and utility lines.
B.
Inventory of existing environmental conditions. An
inventory of existing environmental conditions at the project site
and in the affected region, which shall describe air quality, water
quality, water supply, hydrology, geology, soils and properties thereof,
including capabilities and limitations, sewerage systems, topography,
slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics
and levels, demography, land use, aesthetics, history, archaeology,
and socioeconomic aspects. Air and water quality shall be described
with reference to standards promulgated by the Department of Environmental
Protection of the State of New Jersey, and soils shall be described
with reference to the Passaic County Soil Survey and the criteria
contained in the Passaic County Soil Conservation District Standards
and Specifications.
C.
Assessment of environmental impact of the project.
An assessment, supported by environmental data, of the environmental
impact of the project upon the factors described in the inventory
of existing environmental conditions shall be submitted and shall
include an evaluation of water use, and the impact of liquid and solid
wastes on the quality and quantity of surface water and groundwater.
The assessment shall also include an evaluation of the public costs
of the project, including but not limited to the costs of additional
schools, roads, police, etc., and indirect costs, such as the loss
of open space.
D.
Steps to minimize environmental damage. A description
of steps to be taken to minimize and mitigate adverse environmental
impacts during construction and operation, both at the project site
and in the affected region, shall be included, such description to
be accompanied by necessary maps, schedules and other explanatory
data as may be needed to clarify and explain the actions to be taken.
A.
Of the total number of units permitted in the entire
AHTD District, 53 shall be low- and moderate-income units that meet
all of the standards and criteria for affordability contained in the
regulations of COAH (N.J.A.C. 5:92-1 et seq.), as the same may be
amended from time to time. The developer will be required to comply
with the provisions of the within article and the COAH regulations
as to all affordable units to be built on site.
B.
In the event that any parcel in the AHTD is subdivided
or developed in stages, the subdivided parcel or stage, as the case
may be, shall be subject to its pro rata share of the affordable housing
obligation, unless, with the approval of the Board, this affordable
housing obligation, in accordance with applicable COAH regulation
N.J.A.C. 5:93-5 etc., binding on the subdivided parcel or stage, is
transferred to the remaining tract within the AHTD and the total number
of 53 affordable units to be built as part of the entire development
remains unchanged, and subject to such COAH regulations as are applicable.
[Amended 8-11-1999 by Ord. No. 10-1999]
Fifty-three low- and moderate-income units shall
be constructed on that portion of Lot 24, Block 24, which is rezoned
by the within article. The following standards shall apply in this
district:
A.
The purpose of the within article is to establish
procedures that will provide a realistic opportunity for the construction
of low- and moderate-income housing units.
B.
In the event that any provision of the within article
as to the affordable units is in conflict with the regulations adopted
by the Council on Affordable Housing and the Fair Housing Act of the
State of New Jersey (Chapter 222, P.L. 1985),[1] then the applicable provisions of the said rules and regulations
of the Council on Affordable Housing and the Fair Housing Acts shall
govern; provided, however, that this article shall in all cases govern
the amount of low- and moderate-income units to be built within the
district.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
C.
The purpose of the article is to implement the provisions
of the Housing Element and Fair Share Plan of the Borough of North
Haledon submitted to the Council on Affordable Housing, and the provisions
of the said Housing Element and Fair Share Plan, as amended from time
to time, are hereby incorporated by reference as though fully set
forth herein. Three copies of said Housing Element and Fair Share
Plan are on file in the office of the Borough Clerk and are available
for inspection at the office of the Borough Clerk at the Municipal
Building in the Borough of North Haledon during normal business hours.
D.
Phasing schedules to include inclusionary units. The
phasing schedule for the construction of affordable set-aside units
shall be in accordance with the provisions of the regulations of the
Council on Affordable Housing.
[Amended 8-11-1999 by Ord. No. 10-1999]
Affordability criteria, pricing, and resale
controls as required by the COAH regulations shall be embodied in
a deed restriction and shall be submitted by the developer at the
time of preliminary site approval and shall be subject to the approval
of the municipality. In the event that any portion of the development
is to be for condominium ownership, such affordability and resale
controls shall be embodied in the registration application, the offering
statement, the bylaws, the master deed, and the unit deeds. As part
of the site plan review process, the developer shall be required to
submit a proposed form of contract with the municipality in which
the developer agrees to comply with the appropriate control mechanism
established by the municipality which assures that low- and moderate-income
housing units remain affordable to low- and moderate-income households,
all in furtherance of and consistent with the applicable regulations
of COAH. The deed restriction documents shall be in recordable form
and shall be required to be recorded by the developer at the time
directed by the Municipal Attorney. Rental control on affordability,
initial pricing, annual index increases, procedures for resale, foreclosure
or resale, and phasing schedules shall be in accordance with COAH
regulations.
Subsequent to the adoption of the within article,
the Borough of North Haledon will adopt an ordinance establishing
an Affordable Housing Board, which will provide appropriate standards
and policies applicable to affordable housing units in the Borough
in accordance with COAH requirements. All applications for development
in the AHTD zone shall be subject to the provisions of the said subsequently
to be adopted ordinance establishing an Affordable Housing Board.
All inclusionary units will be constructed in
such a way as to be architecturally integrated into the buildings
in which the free-market units are contained. No more than 50% of
units in any building shall be inclusionary units; provided, however,
that the Board shall have the discretion to grant a waiver from this
requirement and allow a greater percentage of inclusionary units in
one building, if the Board finds that there is no feasible way to
avoid the inclusion of more than 50% inclusionary units in one building
and that the advantages exceed the disadvantages. This provision shall
not be construed to require a variance.
The affirmative marketing plan is a regional
marketing strategy designed to attract buyers and/or renters of all
majority and minority groups, regardless of sex, age or number of
children, to housing units which are being marketed by a developer/sponsor,
municipality and/or designated administrative agency of affordable
housing. The plan will address the requirements of N.J.A.C. 5:93-11.
In addition, the plan prohibits discrimination in the sale, rental,
financing or other services related to housing on the basis of race,
color, sex, religion, handicap, age, familial status/size or national
origin. The Borough of North Haledon is in the housing region containing
Passaic County. The affirmative marketing program is a continuing
program and will meet the following requirements:
A.
All newspaper articles, announcements and requests
for applications for low- and moderate-income units will appear in
the following daily regional newspapers/publications: North Jersey
Herald-News and/or The Record.
[Amended 8-11-1999 by Ord. No. 10-1999]
B.
The primary marketing will take the form of at least
one press release sent to the above publication and a paid display
advertisement in each of the above newspapers. Additional advertising
and publicity will be on an as-needed basis.
C.
The advertisement will include a description of the:
D.
All newspaper articles, announcements and requests
for applications for low- and moderate-income housing will appear
in the following neighborhood-oriented weekly newspapers, religious
publications and organizational newsletters within the region:
[Amended 8-11-1999 by Ord. No. 10-1999]
(1)
The Shopper and/or The Hawthorne Press.
F.
The following is a listing of community contact person(s)
and/or organizations in Passaic County that will aid in the affirmative
marketing program, with particular emphasis on contacts that will
reach out to groups that are least likely to apply for housing within
the region:
G.
Quarterly flyers and applications will be sent to
each of the following agencies for publication in their journals and
for circulation among their members: Board of Realtors in Passaic
County.
H.
Applications will be mailed to prospective applicants
upon request.
I.
Additionally, quarterly informational circulars and
applications will be sent to the chief administrative employees of
each of the following agencies in Passaic County:
J.
The following is a description of the random selection
method that is used to select occupants of low- and moderate-income
housing:
(1)
Each applicant, upon submission of an application,
will be designated a number. Two categories will be created: one for
low-income households and one for moderate-income households. A blind
drawing will be undertaken, one each for low- and moderate-income
households who are eligible for the specific affordable units.
K.
The Borough of North Haledon's Affordable Housing
Board is to administer the affirmative marketing program. The Borough
of North Haledon's Affordable Housing Board has the responsibility
to income qualify low- and moderate-income households; to place income-eligible
households in low- and moderate-income units upon initial occupancy;
to provide for the initial occupancy of low- and moderate-income units
with income-qualified households; to continue to qualify households
for reoccupancy of units as they become vacant during the period of
affordability controls; to assist with advertising and outreach to
low- and moderate-income households; and to enforce the terms of the
deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The North
Haledon Borough Administrator is the designated housing officer to
act as liaison to the North Haledon Affordable Housing Board. The
North Haledon Affordable Housing Board will provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements and
landlord/tenant law.
L.
Households who live or work in the COAH-established
housing region may be given preference for sales and rental units
constructed within that housing region. Applicants living outside
the housing region will have an equal opportunity for units after
regional applicants have been initially serviced. The Borough of North
Haledon intends to comply with N.J.A.C. 5:93-11.7.
M.
All developers of low- and moderate-income housing
will be required to assist in the marketing of the affordable units
in their respective developments.
N.
The marketing program will commence at least 120 days
before the issuance of either temporary or permanent certificates
of occupancy. The marketing program will continue until all low- and
moderate-income housing units are initially occupied and for as long
as affordable units are deed-restricted and occupancy or reoccupancy
of units continues to be necessary.
O.
The North Haledon Affordable Housing Board will comply
with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6
and 5:93-12.1.
Section 530-52A of Chapter 530, Subdivision of Land, shall not apply to this district only in the event that the Board determines that the application thereof would create practical difficulties. Section 530-52B of Chapter 530, Subdivision of Land, shall not apply to this district only in the event that the Board determines that the application thereof would create practical difficulties. Section 530-49I of Chapter 530, Subdivision of Land, shall not apply to this district only in the event the Planning Board determines that parking areas at the end of the street can be used as turnarounds without impairing traffic circulation and safety.
A.
Matters dealing with affordable units such as initial
pricing, annual indexed increases, procedures for resale, procedures
for eligible capital improvements, and impact or foreclosure or resale
shall be in accordance with the provisions of the administrative regulations
of the Council on Affordable Housing.
B.
For the purpose of the within article, the definitions
contained in the regulations of the Council on Affordable Housing
shall be deemed to be applicable as to the low- and moderate-income
units.
[Amended 8-11-1999 by Ord. No. 10-1999]
Any proposed water supply infrastructure improvements
either off or on site shall be subject to approval of the Board in
conjunction with any water utility provider.
Any development on the subject property shall
be subject to all applicable state and federal laws and regulations.
Copies of any documents or applications submitted to the federal or
state government for approval shall simultaneously be submitted to
the Borough Clerk.
At the time of the submission of a site plan
application to the appropriate Board, the applicant shall submit a
detailed infrastructure construction phasing plan.
The Borough shall have the right, at its option,
to accept, if offered, infrastructure improvements on site or any
part thereof. The developer shall execute appropriate deeds of dedication
where requested by the Borough, which shall become effective upon
acceptance by the governing body.
At the time of submission of a site plan application
to the appropriate Board, the applicant shall submit a detailed construction
phasing plan. The phasing plan shall be structured so that upon construction
of each segmented phase of the construction of units, an appropriate
pro rata segment of set-aside units shall be constructed subject to
the provisions of this article. No construction permits shall be issued
by the Construction Official except in accordance with the phasing
schedule approved by the Board.
In the event that the developer determines that
the form of ownership of the multifamily units is to be condominium
or cooperative ownership, the developer shall submit to the appropriate
board at the time of its site plan application a detailed common facilities
management plan, which shall be accompanied by the proposed master
deed, a specimen unit deed, a draft copy of a proposed offering statement
and a copy of proposed bylaws and regulations of the proposed association.
In the event that the storm drainage will impact
upon the existing on-site, man-made lake, any site plan application
shall be accompanied by an appropriate environmental assessment and
mitigation plan dealing with potential pollution of the water quality
of the lake.
The developer shall provide and maintain a buffer
area of not less than 30 feet from all external lot lines of the development
contiguous to an RA-1, RA-2 or RA-3 Zone. Said buffer area shall be
kept in its natural state where wooded, and where natural vegetation
is sparse or nonexistent, the area shall be planted to provide a year-round
natural screen. Entry and exit roadways may be located in the said
buffer.
The use permitted on the subject tract shall
be strictly limited to the enumerated permitted use, and the general
provisions of this chapter shall be applicable except to the extent
that any such provision is in conflict with the provisions of the
within article.
Every dwelling unit shall have the number of
means of ingress and egress to the exterior, without sharing a hallway,
stairway or elevator with another unit, as provided by law.
Walkways and/or sidewalks shall be provided
between residential buildings and common parking areas. Walkways and/or
sidewalks shall have a minimum width of four feet. The construction
shall be of a suitable material, such as concrete, asphalt, brick
or similar durable material, as proposed by the developer and approved
by the Planning Board.
In reviewing an application for development
subject to the within article, the municipal board before whom the
application has been filed shall not enforce or apply, as to the set-aside
units proposed to be constructed, the bulk requirements of this chapter
where the enforcement of the said bulk requirements, in the opinion
of the Board, would substantially impair the ability of the developer
to construct affordable Mount Laurel set-aside housing. In any application
for development subject to the within article, the developer shall
include in his/her application those bulk requirements of this chapter
from which he/she seeks an exception and shall describe in his/her
application the respect in which compliance with the bulk requirements
would significantly impair his/her ability to provide affordable set-aside
housing units. Evidence shall be taken at the hearing before the municipal
board on the application, and the board shall make findings of fact
and conclusions as to which, if any, of the bulk requirements of the
applicable ordinances would significantly impair the ability of the
developer to provide affordable set-aside housing units. The board
shall, as to any bulk requirements of the ordinance which it finds
to substantially impair the ability of the developer to construct
affordable set-aside housing units, provide a waiver from compliance
with such bulk requirements as to the set-aside units. No waiver shall
be granted as to density. This provision shall not be construed to
require a variance.
