[Added 12-16-1998 by Ord. No. 18-1998]
It is the intent of the within article to create
an Affordable Adult Housing District. It is the further intent of
the within article to make it realistically possible to provide housing
to meet the need for adult housing in the Borough of North Haledon.
[Amended 2-21-2001 by Ord. No. 2-2001; 12-12-2001 by Ord. No.
19-2001; 2-20-2002 by Ord. No. 2-2002]
The following tracts of land are hereby rezoned
and included in the Affordable Adult Housing District:
In the Affordable Adult Housing District, attached
townhouses as defined in this chapter shall be a principal permitted
use in accordance with the standards provided in the zone in which
each tract was located at the time of the adoption of the within article.
The following words and terms shall have the
definitions hereinafter provided:
A parcel of land 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.
Attached multifamily dwellings, such as townhouses, garden
apartments, and as regulated herein. These dwellings shall be occupied
only by residents who are at least 55 years of age.
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. Each townhouse unit shall have at least
one bedroom with a minimum area of 150 square feet, and the other
bedroom shall contain a minimum area of 120 square feet.
The percentage of gross development site area that is occupied
by buildings or structures, including all roof areas.
The vertical distance measured from the mean level of the
ground surrounding the building to the highest point of the roof,
but not including chimneys, spires, towers, elevator penthouses, tanks
and similar projections.
A story below or partly above grade level having 1/2 or more
of its floor-to-ceiling height below the average level of the adjoining
ground.
An area of unimproved land within the site designated for
development; provided, however, that recreational facilities with
attendant buildings, structures and facilities may be situated therein,
as well as common building areas.
The limited vehicular access road servicing a cluster of
buildings in the development.
The gross area of the tract proposed for the townhouse development
prior to any subdivision.
The number of units per acre in an area impacted by development
within a radius of 100 feet from the residential structures.
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 a cluster
in the development.
Any road that serves the project.
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, each dwelling
unit separated by plane vertical party walls (horizontal townhouses)
or 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.
An "accessory use" is any use which is subordinate
but related and customarily incidental to the principal permitted
use, such as:
No tract, parcel or lot may be developed as
a planned residential development 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.
B.
Horizontal townhouse building, maximum number of units
in a single structure: six.
C.
Vertical townhouse building, maximum number of units
in a single structure: 12.
D.
Maximum building height: 2 1/2 stories, not to
exceed 35 feet, except that, on a slope, a building may have three
exposed stories at the lower portion of the slope.
E.
Maximum number of habitable stories: 2 1/2. No
more than 50% of the base in a three-story structure shall be used
for habitable purposes, which shall not include 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 public or private main
access roads: 40 feet.
J.
Minimum building setbacks from internal driveways:
15 feet.
K.
Minimum building setback from parking areas: 15 feet.
Distribution of dwelling units shall be as follows:
Land use density requirements shall be as follows:
A.
Maximum gross density: 4.5 units per acre.
Area, bulk and yard regulations shall be as
follows:
B.
Minimum lot frontage along a county or municipal road:
50 feet.
C.
Setbacks from external lot lines:
[Amended 4-21-1999 by Ord. No. 4-1999]
(1)
Front yard: 60 feet.
(3)
Rear yard: 75 feet.
(4)
Minimum buffer width: 25 feet along all external
property lines. This width shall be increased to 50 feet in areas
adjacent to residentially zoned or used properties. No development,
including parking or other accessory uses, is permitted in buffer
areas.
Circulation requirements shall be as follows:
A.
Any development or cluster within a development shall
have two separate access points to the roadway servicing the development.
If the main access to any development from the public road is limited
to one roadway, said roadway must be a divided roadway containing
one exit and one entrance lane, each 20 feet in width and separated
from each other by a divider with an average width of not less than
10 feet and having a length not less than 100 feet.
B.
Roadway and driveway widths shall be in accordance
with the requirements of the ordinances of the Borough and RSIS Standards
as applicable.
C.
Construction of pavement of all roadways shall conform
to the Borough standards for public roads.
D.
Construction or paving of all driveways shall conform
to the Borough standards for paving as contained in Borough ordinances.
E.
Sidewalks shall be required along the portion of the
tract fronting on an existing public street and shall meet the sidewalk
specifications in the Borough ordinances, unless waived by the Planning
Board in accordance with the Residential Site Improvement Standards
(RSIS).
Utility improvements and services for the development
shall be:
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 a minimum of eight
inches in diameter 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 determined 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 if tests indicate that municipal
facilities are inadequate due to low pressure or undersized mains
or inadequate supply.
B.
Sanitary sewerage system. The development shall be
serviced by a central sanitary sewage collection system discharging
into the municipal or regional wastewater facilities. The collection
facilities shall be designed in accordance with the standards of the
New Jersey Department of Environmental Protection and/or appropriate
local, county, state and federal officials and agencies.
C.
Drainage and stormwater management.
(1)
The development shall be serviced by a stormwater management system as provided by Chapter 516, Stormwater Management, and shall conform to all relevant federal and state statutes, rules and regulations concerning stormwater management or flood control.
(2)
Any townhouse 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 that exists in its present state (0% increase in
peak runoff). 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.
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
Borough Engineer approval.
F.
Appropriate refuse pickup shall be provided on site,
and appropriate disposal shall be made, both at no cost to the Borough,
together with compliance with all laws and/or ordinances applicable
to recycling.
G.
The residents of the planned residential development
shall be required to provide for the upkeep and maintenance of all
internal roads, drives, parking facilities, drainage facilities, streetlighting
and snowplowing, as well as all common areas.
Common open space requirements shall be as follows:
A.
A minimum of 25% of the gross site area shall be designated and designed for common open space, inclusive of the active recreational space specified in Subsection B below. Such land 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 and shall consist of a parcel or parcels of
land of which at least one acre of the aforementioned area shall be
graded, leveled and seeded, with a length dimension of at least 150
linear feet, and all of said parcel or parcels of land shall be located
where reasonably convenient to owners and residents of the development
but not detrimental to adjacent property owners or residents by virtue
of noise, glare, light, dust or other objectionable features.
C.
The area for detention basins and other drainage-control
devices shall not qualify as active recreation space as required by
this article. Land having slopes in excess of 20% and chronically
wet marshland 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.
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 owners and residents of the planned residential
development shall have the right to use the common open space and
active recreational facilities, subject to reasonable rules and regulations.
In the event that the proposed development shall consist of a number
of stages, the developer shall provide active recreational areas proportionate
in size to the stage being considered for final approval.
G.
All open space shall be connected to residential areas
with walkways or other reasonable means of access.
General design standards of a townhouse shall
be as follows:
A.
Buffer.
(1)
The developer shall provide and maintain a buffer
area of not less than 50 feet from all external lot lines of the development.
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.
(2)
In the buffer area, there shall not be permitted
detention and retention basins and underground utilities, except that
the Planning Board may, in its discretion, permit underground utilities
to cross such a buffer area.
(3)
The required buffer area shall be included for
the purpose of computing compliance with the common space requirements
and yard setback requirements of this article.
(4)
The Planning Board may modify the requirements
for a buffer area upon finding that the planned residential development
abuts another planned residential development or a natural or man-made
barrier, and, by reason thereof, the buffer area may be modified without
detriment to existing or proposed uses.
B.
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 structure to the natural features
of the site.
C.
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 Planning Board adjacent to public or private roadways. The
trees shall be hard maple or ash or similar tree as approved by the
Planning Board. No tree shall be planted nearer than 25 feet to an
intersection.
(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 provided a minimum of 12 trees per acre calculated
on gross acreage. The trees shall have a minimum diameter of four
inches as measured three feet above the ground. Existing trees meeting
the aforesaid criteria shall be included in determining compliance
herewith.
D.
Concrete walkways shall be provided between residential
buildings and common parking areas. Walkways shall have a minimum
width of four feet.
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 member of the organization as provided
by law and also without obtaining the 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 guarantee, 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 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.
In accordance with COAH regulations, at least
20% of the total number of units proposed to be constructed shall
be set aside for low- and moderate-income families.
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, archeology,
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 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, 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.
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.
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.
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:
(1)
North Jersey Herald-News.
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:
(1)
The Shopper.
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:
(1)
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.
