[Added 6-25-2020 by Ord. No. 2020-7[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VII,
Development Fees, added 6-26-2008 by Ord. No. 2008-02, as amended.
The purpose of this article is to implement and incorporate the Borough's Housing Element and Fair Share Plan addressing the Borough of Wallington's constitutional obligation to provide affordable housing opportunities under the New Jersey Supreme Court's Mount Laurel decisions. Any development within any affordable housing zone, as identified in this article, shall comply with the applicable regulations specified in this article as well as compliance with the applicable regulations specified under Chapter 153, Affordable Housing, and as required by the Borough's settlement agreements ("settlement agreements") reached In the Matter of the Application of the Borough of Wallington for a Judgment of Compliance and Repose, Docket No. BER-L-6285-15. Said settlement agreements include a settlement agreement between the Borough and Wallington Homes, LLC (owner of property designated on the Boroughs Tax Maps as Block 79.05, Lot 8.01 (the "Wallington Homes Settlement Agreement").
Development within an affordable housing zone, as identified in this article, shall require a developer's agreement pursuant to Chapter 330, Article VIII, as a condition of site plan approval granted by the appropriate Borough land use board. The required developer's agreement may include, but not be limited to, conditions of site plan approval, infrastructure and traffic improvements, and in the AR-2 District easements providing safe vehicular and pedestrian access from the Borough of Wallington to any structures relating to the use of the New Jersey Transit Westmont Train Station, as may be permitted herein. In addition, the developer's agreement shall outline the terms and conditions for compliance with all required affordable housing regulations pursuant to the Chapter 153 (Affordable Housing) of the Borough Code, as required by the Borough's settlement agreements reached In the Matter of the Application of the Borough of Wallington for a Judgment of Compliance and Repose, Docket No. BER-L-6285-15, and for compliance with Borough's ordinances and the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Permitted uses.
(1)
Permitted principal use. Market-rate and affordable residential housing
within a multifamily building.
(2)
Permitted maximum number of housing units. A maximum total of 42
housing units for rent shall be permitted, with an on-site affordable
housing set-aside of no less than eight units inclusive of the total
number of units.
(3)
Permitted accessory uses.
(a)
Off-street parking facilities. Parking shall be permitted in
the front, side and rear yard.
(b)
Other uses that are customarily incidental and subordinate to
a permitted principal use.
(c)
Common facilities and amenities serving the residents of the
multi-family development, including common walkways, sitting areas
and gardens, and other similar uses.
(d)
Fences and walls no greater than eight feet above ground level
within a side or rear yard, and no greater than four feet within a
front yard.
(e)
Bike racks.
(f)
Solid waste and recycling area, setback at least five feet from
any rear or side yard. No setback from the parking area is required.
The area shall be screened from view from a public right-of-way by
either block and/or chain-link fence.
(g)
Site lighting in accordance with the standards in subsection § 365-65E(3) below.
B.
Bulk, area and size requirements.
(1)
Minimum lot size (acres): one.
(2)
Minimum lot frontage (feet): 130.
(3)
Minimum lot depth (feet): 300.
(4)
Minimum building front yard setback (feet): 40.
(5)
Minimum building side yard setback (feet): 12.
(6)
Minimum building rear yard setback (feet): 40.
(7)
Maximum building height (feet): 33.5.
(8)
Maximum building coverage (percentage): 30%.
(9)
Maximum lot coverage (percentage): 85%.
(10)
Minimum parking setback from side lot line: 10 feet to adjacent
residential uses and five feet to adjacent nonresidential or park
uses.
(11)
Minimum parking stall setback from rear lot line (feet): five.
C.
Site access, off-street parking, and loading requirements.
(1)
A site access driveway shall be provided from Spring Street with
a minimum width of 24 feet and an access driveway to Lot 80, Block
70.01, shall be permitted.
(3)
Parking shall be permitted in the front, side and rear yard. No parking
setback from a principal or accessory structure is required.
(4)
There shall be no charge for parking designated for affordable housing
units within the development.
D.
Identification sign. One wall-mounted, nonilluminated address sign
is permitted on each face of the building with a maximum area of five
square feet per sign, as well as a ground-mounted monument sign, at
any site driveway, set back from the property line by 10 feet and
with a maximum sign area of 32 square feet and maximum height of six
feet (including base), which may be internally or externally illuminated.
E.
Design standards.
(1)
Except as set forth herein, compliance with Article VI, Site Plan Details, and Article VII, Design Standards for Site Plan Approval, of Chapter 330 of the Borough of Wallington Code shall be required. Where any provision of Articles VI and VII is in conflict with any provision of this section, the design standards as enumerated below shall control.
(2)
The multi-family building shall be substantially consistent with
the rendering attached to the Wallington Homes Settlement Agreement[2] as Exhibit C, or as may be modified as permitted by the
settlement agreement. If the rendering conflicts with design standards
or regulations within the zoning ordinance, the rendering shall control.
[2]
Editor's Note: Settlement agreements are on file in the
Borough offices.
(3)
Buffers and landscaping. Landscaping and buffers shall be provided
in accordance with the concept plan attached as Exhibit A to the Wallington
Homes Settlement Agreement[3] and per this section.
(a)
A minimum buffer of 10 feet shall be maintained adjacent to
properties fronting on Spring Court, measured from property line to
the edge of pavement in a parking area. Buffer areas may overlap required
setbacks.
(b)
Trees shall be installed at a minimum caliper of 2.5 inches
(deciduous) and no less than six feet in height (deciduous and evergreen).
(c)
Shrubs shall be planted at a minimum size of 18 inches to 24
inches.
(d)
Existing vegetation within the required buffer shall be preserved,
as determined appropriate. It shall be supplemented where necessary
to provide the required ten-foot planted buffer.
(e)
Landscaping within sight triangles shall not exceed a mature
height of 30 inches. Existing trees located within sight triangles
shall be pruned up to an eight-foot branching height above grade.
Proposed trees shall be planted outside of site triangles.
(f)
Invasive species are to be avoided.
[3]
Editor's Note: Settlement agreements are on file in the
Borough offices.
(4)
Lighting.
(a)
A lighting plan prepared by a qualified professional shall be
provided with site plan applications.
(b)
The intensity, shielding, and direction of lighting shall be
subject to site plan approval by the approving authority.
(c)
All parking areas, walkways, building entrances, and driveways
required for uses in this zone shall be adequately illuminated after
sunset. The arrangement of exterior lighting shall adequately illuminate
parking areas in accordance with the illumination Engineering Society
standards and be designed as to prevent glare to adjoining residential
areas.
(5)
Sidewalks. Sidewalks shall be required along adjoining public right-of-way.
(6)
Solid waste. All solid waste/recycling storage areas shall be enclosed
on all four sides by decorative fencing intended to screen such areas
of no less than six feet in height.
A.
Permitted uses.
(1)
Permitted principal uses. Expressly subject to the requirements herein
and below, the following uses are permitted as principal uses within
the AR-2 District:
(a)
Market-rate and affordable residential housing within multi-family
buildings, senior housing and group homes, and structures providing
direct and safe pedestrian access for members of the public across
the New Jersey Transit right-of-way to facilitate use of Westmont
Train Station are to be permitted.
(2)
Permitted maximum number of housing units. The AR-2 District shall
permit no less than 269 residential housing units but in no event
shall the total number of housing units exceed a maximum of 275 residential
units. The number of residential units to be constructed shall include
an affordable housing set-aside of no less than 48 on-site units which
shall be set aside as affordable to low- and moderate-income households.
Alternatively, the 48 units may be achieved by providing up to 31
units of age-restricted affordable housing, up to 15 alternative living
arrangement beds, and the remainder units as family affordable housing
units, so to provide for the necessary 48 affordable housing units
on-site, and; provided, further, that any such alternative arrangement
provide at least one family very-low-income unit as part of the seven
total very-low-income units required to be provided on the site. No
alternative arrangement as set forth herein shall be interpreted to
permit more than 275 total residential housing units or to reduce
the obligation to provide the necessary 48 affordable housing units
on-site.
(3)
Pedestrian bridge structures located directly adjacent to the existing New Jersey Transit right-of-way providing direct and safe pedestrian access for members of the general public, including residents of the AR-2 Zone, across the New Jersey Transit right-of-way to facilitate use of the Westmont Train Station. Said pedestrian bridge structures shall be subject to site plan review and approval, but shall be exempt from complying with the bulk standards applicable to buildings and structures as set forth in Subsection B below. Rather, the specific design of said pedestrian bridge structures, including location, height, size and construction specifications, shall be consistent with existing pedestrian bridge structures used by the Westmont Train Station located in Wood-Ridge, and shall be as permitted and approved by all outside governmental agencies and entities with jurisdiction, including, but not limited to, New Jersey Transit and the New Jersey Department of Transportation. Said pedestrian bridge structures shall only be permitted to be utilized at such time the general public is provided, and has, safe and direct vehicular and pedestrian access within and across the AR-2 Zone to and from said pedestrian bridge structures.
(4)
Permitted accessory uses.
(a)
Off-street parking facilities, including structured parking.
Parking is permitted in the front, side and rear yards except no parking
shall be permitted along the frontage of Mount Pleasant Avenue except
in structured parking not visible from the public right-of-way.
(b)
Other uses that are customarily incidental and subordinate to
a permitted principal use.
(c)
Common facilities and amenities serving the residents of the
multi-family development, including common walkways, sitting areas
and gardens, and other similar uses.
(d)
Decorative fences and walls no greater than eight feet above
ground level within a side or rear yard, and no greater than four
feet within a front yard.
(e)
Bike racks.
(f)
Solid waste and recycling area, setback at least five feet from
any rear or side yard. No setback from the parking area is required.
The area shall be screened from view from a public right-of-way by
either block and/or chain-link fence.
(g)
Site lighting in accordance with the standards in subsection § 365-66E(3) below.
(h)
Retaining walls.
(i)
Electrical transformers.
B.
Building bulk, area and size requirements.
(1)
Minimum lot area (acres): 4.5.
(2)
Minimum lot width (feet): 375.
(3)
Minimum lot depth (feet): 425.
(4)
Minimum building front yard setback (feet): 40 from Mt. Pleasant,
20 from other ROW.
(5)
Minimum building side yard setback (feet): 30.
(6)
Minimum building rear yard setback (feet): 50.
(7)
Minimum separation between buildings (feet): 45.
(9)
Maximum building coverage (percentage): 50%.
(10)
Maximum lot coverage (percentage): 70%.
(11)
Building heights shall be regulated as follows:
(a)
To provide for the appropriate transition and relationship of
the proposed multistory development to the adjacent residential single-family
neighborhood located on Mount Pleasant Avenue to the northwest and
taking into consideration the specific topographic conditions within
the zone, the regulations regarding permitted maximum building height,
as provided herein, are as follows:
[1]
It is the intent to restrict all buildings fronting directly
along Mount Pleasant Avenue to a building height of three stories
of residential building over one story of structured parking. The
maximum building elevation to the highest point of a flat roof or
to the deck line of a mansard roof or to the midpoint below the highest
peak on a gable, sloped or hip roof shall not exceed mean sea level
elevation of 120 feet N.A.V.D. 1988 as measured at the midpoint of
the property frontage on Mount Pleasant Avenue utilizing a base elevation
of 85 plus 35 feet. This elevation shall be maintained for all buildings
within 150 feet of the property line with Mount Pleasant Avenue.
[2]
Buildings set back beyond 150 feet from Mount Pleasant Avenue
as required § 365-66B(11)(i)[1] above shall not exceed a
building height as specified in either of the following conditions:
[a]
Four stories of residential building over two stories
of structured parking not to exceed a building height of 75 feet measured
as the vertical distance from the average elevation of the finished
grade to the top of the roof surface for mansard and flat roofs and
to the vertical midpoint between the base of the roof and its peak
for peaked roofs where direct, safe pedestrian access to the Westmont
Train Station is provided and is approved by the appropriate transit
authority and others with jurisdiction; or
[b]
Four stories of residential building over three
stories of structured park not to exceed a building height of 85 feet
measured as the vertical distance from the average elevation of the
finished grade to the top of the roof surface for mansard and flat
roofs and to the vertical midpoint between the base of the roof and
its peak for peaked roofs where additional parking is required due
to the lack of an approved, direct access to the Westmont Train Station.
(b)
Group home building height shall be limited to 2.5 stories not
to exceed a building height of 35 feet measured as the vertical distance
from the average elevation of the finished grade to the top of the
roof surface for mansard and flat roofs and to the vertical midpoint
between the base of the roof and its peak for peaked roofs.
(c)
Rooftop appurtenances and penthouses for mechanical equipment
and roof access may be permitted to exceed the maximum building height
by no more than 10 feet and shall occupy a roof area of no more than
25% and be set back no less than 10 feet from the edge of the roofline.
Mechanical equipment shall be screened in a manner that is complementary
to the architectural design of the proposed principal building.
(d)
The height of permitted accessory structures (exclusive of pedestrian
bridge structures as set forth above) shall not exceed 15 feet.
C.
Site access, off-street parking, and loading requirements.
(1)
A site access driveway shall be permitted from Mount Pleasant Avenue
with a minimum width of 24 feet.
(3)
Required parking may be reduced by the appropriate land use review
board consistent with RSIS standards N.J.A.C. 5:21-4.14(c), provided:
(a)
A parking demand analysis demonstrating that adequate parking
is provided to serve the proposed development is submitted for review
and approval by the appropriate land use review board which may include,
but not be limited to:
[1]
Implementation of appropriate improvements and physical connections
to mass transit facilities that are either in place or approved for
construction by the appropriate transit agency within a time frame
to be available to serve the proposed development.
[2]
Alternate parking systems are provided that would include, but
not be limited to, tandem or stacked assigned parking spaces and mechanical
or robotic parking systems designed to maximize interior structured
parking space or combination of these mechanisms.
(b)
Parking availability shall be staged such that each phase of
development is supported by adequate parking and no building may be
occupied unless compliant with the minimum required parking.
(4)
Parking shall be permitted in the front, side and rear yard. No parking
setback from a principal or accessory structure is required except
as otherwise prohibited.
(5)
There shall be no charge for parking designated for affordable housing
units within the development.
(6)
A designated loading area shall be provided to accommodate residential
package delivery.
D.
Identification sign. One wall-mounted, nonilluminated address sign
is permitted on each face of the building with a maximum area of five
square feet per sign, as well as a ground-mounted monument sign, at
any site driveway, set back from the property line by 10 feet and
with a maximum sign area of 32 square feet and maximum height of six
feet (including base), which may be internally or externally illuminated.
E.
Design standards.
(1)
Except as set forth herein, compliance with Article VI, Site Plan Details, and Article VII, Design Standards for Site Plan Approval, of Chapter 330 of the Borough of Wallington Code shall be required. Where any provision of Articles VI and VII is in conflict with any provision of this section, the design standards as enumerated below shall control.
(2)
A multi-family building shall have a unified theme, displayed through
the application of common building materials that achieves a harmonious
and cohesive design.
(3)
Buffers and landscaping. Landscaping shall be provided to promote
a desirable visual environment, to accentuate building design, define
entranceways, and screen parking areas. The landscape design shall
create visual diversity and contrast through variation in size shape,
texture and color. All areas that are not improved with buildings,
structures and other man-made improvements shall be landscaped with
trees, shrubs, ground cover, street furniture, sculpture or other
design amenities and shall be subject to the following:
(a)
A minimum landscaped buffer of 10 feet shall be maintained along
the front and side yards of the site. Buffer areas may overlap required
setbacks.
(b)
Trees shall be installed at a minimum caliper of 2.5 inches
to 3.5 inches caliper with a canopy height of at least the minimum
American Nursery and Landscape Association Standards for this caliper
but not less than six feet to eight feet (deciduous and evergreen).
(c)
Shrubs shall be planted at a minimum size of 18 inches to 24
inches.
(d)
All plant material shall meet the minimum latest American Nursery
and Landscape Association standards.
(e)
Existing vegetation within required buffer areas shall be preserved,
as determined appropriate. It shall be supplemented where necessary
to provide the required ten-foot planted buffer.
(f)
Irrigation shall be provided for all buffer plantings and landscaped
areas in a manner appropriate for the specific plant species.
(g)
Preference shall be given to plants indigenous to the region
and invasive species are to be avoided. No less than 30% of the plantings
shall be indigenous to the region.
(h)
Landscaping within sight triangles shall not exceed a mature
height of 30 inches. Shade trees shall be pruned up to an eight-foot
branching height above grade.
(4)
Lighting.
(a)
A lighting plan shall be provided with site plan applications.
(b)
The intensity, shielding, and direction of lighting shall be
subject to site plan approval by the approving authority.
(c)
All parking areas, walkways, building entrances, and driveways
required for uses in this zone shall be adequately illuminated after
sunset. The arrangement of exterior lighting shall adequately illuminate
parking areas in accordance with the Illumination Engineering Society
standards and be designed as to prevent glare to adjoining areas.
(5)
Sidewalks. Sidewalks shall be required along adjoining public rights-of-way
and internally to promote pedestrian safety and movement.
(6)
Solid waste. All exterior solid waste/recycling storage areas shall
be enclosed on all four sides by decorative fencing intended to screen
such areas of no less than six feet in height.
(7)
Utilities. All on-site utilities shall be placed underground pursuant
to RSIS standards.
