Principal permitted uses on land and in buildings in the M-1
District shall be as follows:
B. Laboratories of an experimental, research, development or testing
nature which carry on processes within completely enclosed buildings
and which do not produce noticeable noise, vibration, smoke, dust,
odors, heat, glare or hazardous or toxic waste or materials.
C. Light manufacturing and assembly or treatment of products from previously
prepared materials, including art, metal, and architectural fabrication,
but excluding the synthesis and/or storage of chemical or flammable
products.
D. Retail trade and retail services, excluding sales, distribution,
and storage of chemicals, flammable materials and fuel products, and
excluding drive-throughs.
E. Offices, including general offices, contractor's offices, medical
offices, and professional offices.
F. Restaurants and eating and drinking establishments, non-drive-through.
I. Recreational instruction.
J. Indoor commercial recreation/fitness club.
L. Mixed-use buildings comprised of any of the above permitted uses.
[Amended 6-22-2015 by Ord. No. 15-09]
A. Wireless communications facilities as a conditional use in accordance with Article
XVI.
B. Apartments on upper floors of buildings with permitted nonresidential
uses in accordance with the following standards:
(1)
Properties shall have frontage on Summit Avenue or Watchung
Avenue.
(2)
No rooms intended for human habitation shall be located in an
attic.
(3)
A maximum of six total units shall be permitted in each structure
on upper floors above permitted ground level nonresidential uses.
(4)
No individual building footprint shall exceed 6,000 square feet.
(5)
The development shall comply with the affordable housing set-aside requirement set forth at §
69-4 of this Code.
[Amended 10-24-2016 by Ord. No. 16-11]
C. Auto repair/mechanical repair shops as a conditional use in accordance
with the following standards:
(1)
Auto repair/mechanical repair shops shall have access via Commerce
Street.
(2)
Repairs and services shall take place within a principal structure.
All minor repairs and services are permitted to take place outdoors.
(3)
The walls of the principal structure shall be at least 15 feet
from the side and rear property lines.
(4)
All exit and entrance drives shall be at least five feet from
any adjoining property line.
(5)
Any fuel or air pump and filler pipe, or other similar equipment,
shall be located 20 feet from any property line.
(6)
No sale, leasing or rental of any vehicles shall be permitted.
(7)
Permitted outdoor storage shall be limited to valid registered
light-duty vehicles awaiting repairs; provided that those vehicles
shall be parked or stored on surfaced areas, including concrete, asphalt
or stone, and shall not hinder or obstruct access to dispensers, bays,
service areas, site circulation and access and shall be in accordance
with an approved site plan. No vehicle shall be kept outdoors overnight,
on jacks, stands or lifts.
(8)
Such uses that are located less than 100 feet from a residential
zone, as measured from the perimeter of the lot line, shall be closed
between the hours of 10:00 p.m. and 6:00 a.m.
(9)
No other use shall be permitted on the same lot.
Principal permitted uses on land and in buildings in the M-3
District shall be as follows:
B. Laboratories of an experimental, research or testing nature which
carry on processes within completely enclosed buildings and which
do not produce noticeable noise, vibration, smoke, dust, odors, heat,
glare or hazardous or toxic waste or materials.
C. Light manufacturing and assembly or treatment of products from previously
prepared materials, including art fabrication, but excluding the synthesis
and/or storage of chemical or flammable products which do not produce
noticeable noise, vibration, smoke, dust, odors, heat, glare or hazardous
or toxic waste or materials.
D. Retail trade and retail services, excluding sales, distribution,
and storage of chemicals, flammable materials, and fuel products,
and excluding drive-throughs.
E. Offices, including general offices, contractor's offices, medical
offices and professional offices.
F. Two-family residences in accordance with the bulk and design standards
in the R-4 District.
G. Restaurants and eating and drinking establishments, non-drive-through.
H. Apartments on upper floors of buildings with permitted nonresidential uses occupying the first/ground floor level. The standards in §
165-32 shall apply to these uses.
K. Recreational instruction.
L. Indoor commercial recreation/fitness club.
N. Financial institutions, including banks, non-drive-through.
O. Mixed-use buildings comprised of any of the above permitted uses.
[Amended 6-22-2015 by Ord. No. 15-09]
A. Wireless communications facilities as a conditional use in accordance with Article
XVI.
B. Multifamily residential as a conditional use in accordance with the
following standards:
(1)
The site shall be located outside of the Gateway Overlay District,
contain a minimum of 20,000 square feet, and be located on the southeastern
side of River Road (the Passaic River side of the M-3 District along
River Road).
(2)
Adequate off-street parking is provided in accordance with the standards in § 168-82, or, in instances where waivers from the RSIS parking standards are requested, documentation should be provided by a parking expert regarding the adequacy of the proposed parking supply and proposed management of parking resources to serve the proposed use as outlined in §
165-163C.
(3)
No rooms intended for human habitation shall be located in an
attic.
(4)
The development shall comply with the affordable housing set-aside requirement set forth at §
69-4 of this Code.
[Amended 10-24-2016 by Ord. No. 16-11]
(5)
Parking structures shall be integrated into principal structures.
The exterior of any parking level(s) shall be composed primarily of
brick or other masonry materials and shall contain at least sixty-percent
solid wall area, including architectural details to integrate parking
into the overall development.
(6)
The reviewing Board may allow an increase in height to three
stories and up to 45 feet where two of the four following conditions
are satisfied:
(a)
In cases where such property contains Passaic River frontage,
a conservation easement shall be dedicated to the Borough sufficient
to accommodate a trail along the Passaic River;
(b)
At least 2/3 of the parking shall be located underground and/or
contained within the principal structure;
(c)
The project shall be designed to meet LEED Silver certification
standards under LEED Homes, LEED Neighborhood Development or LEED
Building Design and Construction in accordance with the scoring system
put forth by the United States Green Building Council, or utilize
similar techniques that are designed to reduce consumption of energy,
water and/or sewer demand; and/or
(d)
Provision of a shuttle bus/jitney to New Jersey Transit station(s)
coinciding with weekday morning and evening peak-hour train schedules.
D. Banks in accordance with the conditions in §
165-144 except that drive-through structures and lanes shall not be visible from any public street.
Bulk requirements for the M-1, M-2 and M-3 Districts shall be
as follows:
|
M-1 District
|
M-2 District
|
M-3 District
|
---|
Maximum Height
|
|
|
|
Stories (maximum)
|
2.5
|
2.5
|
2.5
|
Stories (minimum)
|
2.0
|
None
|
2.0
|
Feet
|
35
|
40
|
35
|
Principal building minimum
|
|
|
|
Lot area
|
5,000 square feet
|
5 acres
|
5,000 square feet
|
Side yards (each) (feet)
|
102
|
252
|
102
|
Front yards (feet)
|
10
|
100
|
10
|
Rear yard buffer1 (feet)
|
15
|
25
|
15
|
Accessory structures
|
|
|
|
Minimum side yard (feet)
|
5
|
15
|
5
|
Minimum rear yard (feet)
|
10
|
15
|
10
|
Maximum height (feet)
|
15
|
15
|
15
|
Total Development Maximum
|
|
|
|
Lot coverage (percent)
|
80%
|
20%
|
75%
|
NOTES:
|
---|
1
|
Buffers are required along all lot lines between M Zones and
residential zoning districts (except where said lot lines coincide
with existing railroad rights-of-way) and all lot lines/properties
in the M Zones that abut the Passaic River. Required buffers shall
consist of screening with a minimum width of 15 feet; there shall
be no debris, structures, parking or storage permitted in the buffer
area. All buffers shall be planted and maintained with native plantings,
trees, shrubs and plant material at least five feet in height at time
of planting. Depending on the location, a fence may also be required.
|
---|
2
|
Whenever a lot developed with nonresidential uses in the M-1
or M-3 Districts abuts a residential district (except when adjoining
lot lines coincide with existing railroad rights-of-way), all buildings
shall be set back at least 25 feet from the residential district boundary
line. In the M-2 District, this setback shall be at least 35 feet.
|
Relief from the following standards shall be in accordance with
N.J.S.A. 40:55D-70c of the Municipal Land Use Law.
A. Any lot may contain more than one principal building, provided that
all land coverage requirements of the chapter are met. Buildings shall
be no closer than 15 feet to one another.
B. Outdoor storage of merchandise, equipment, products and materials
relating to any business or industrial operation is permitted, subject
to the following regulations:
(1) There shall be no outdoor storage in any required front yard or side
yard.
(2) Any outdoor storage shall be contained and screened by fencing (no
vinyl or chain-link fencing permitted in any storage area visible
from any public street, adjacent residential property, or public open
space) or any combination of fencing, landscaped walls and plantings
on any side which adjoins or faces a residential district or public
street. The height of said fencing and screening shall be equal to
or greater than the height of the material stored, but not greater
than six feet, and the height of the material so stored shall not
exceed six feet.
(3) The area devoted to outdoor storage shall not exceed 50% of the yard
in which it is located.
(4) Articles and materials so stored shall be kept in an orderly manner
at all times and shall not include any discarded or abandoned articles
or materials.
C. All buildings shall be compatibly designed whether constructed all
at one time or in stages over a period of time. All building walls
facing any street or residential district line shall be suitably finished
for aesthetic purpose with no blank walls and with architectural elements
from the front facade continued around all visible sides of a building.
Building wall and roofline offsets shall be incorporated to minimize
the effect of a single, long wall and single, long roof.
D. All areas not utilized for buildings, parking, loading, access aisles
and driveways or pedestrian walkways shall be suitably landscaped
with native trees, shrubs, hedges, ground covers, and/or grasses and
shall be maintained in good condition.
E. Shade trees shall be provided along each side of all streets, public
or private access drives, existing or proposed. Existing trees shall
be preserved and protected, to the maximum extent feasible. Shade
trees shall have a minimum caliper of 2.5 inches at time of planting
and a maximum spacing of 40 feet on center.
F. Any structure on a roof, including mechanical equipment and other
appurtenances shall be screened from view in a manner consistent with
the building's architecture. Ground-mounted HVAC or other mechanical
systems shall be suitably screened with architectural walls, fencing,
and/or landscaping.
G. No individual ground floor retail, restaurant, eating and drinking,
or personal service establishment shall exceed 6,500 square feet of
gross floor area.
H. The principal orientation of any building shall be towards and relate
to public streets; buildings shall not be oriented to front parking
lots.
I. Loading areas and their access drives shall be effectively screened
from adjacent properties and from public streets through a combination
of walls, fences, and landscaping.
J. Parking areas shall be located within buildings and to the rear of
buildings and are not permitted in any front yard. The visual impact
of parking areas to adjacent properties and to public streets should
be minimized.
K. Parking structures shall be integrated into principal structures.
The exterior of any parking level(s) shall be composed primarily of
brick or other masonry materials and shall contain at least sixty-percent
solid wall area, including architectural details and incorporation
of commercial uses to functionally and aesthetically integrate parking
into the overall development.
L. Off-street parking shall be provided in accordance with the RSIS requirements and the standards in §§
165-25 and
165-82.
M. An adequate screened and enclosed area shall be provided for on-site
storage of solid waste.
Modifications or exceptions to the design guidelines and standards
contained in this section may be approved by the Board, provided the
applicant has met the criteria for exceptions pursuant to N.J.S.A.
40:55D-51, and can provide testimony that the resulting change will
conform to all of the following: satisfy the purpose and intent of
this section; enhance the development plan; and, enhance the streetscape
and neighborhood.
A. Development plans should be evaluated in relation to the surrounding
context, including incorporation of design features to implement the
streetscape and neighborhood vision outlined in the 2014 Master Plan
Amendment. Pedestrian accessibility and the human scale shall be emphasized
through architectural elements, building setbacks, vertical and horizontal
variations/projections, front entrances accessible from public streets,
incorporation of street trees, and other development features.
B. The use of sustainable site design and green building techniques
is encouraged, including the use of porous paving systems, as reviewed
and approved by the Borough Engineer in accordance with the New Jersey
Stormwater Best Management Practices Manual. In considering variance
requests for impervious coverage, the Board should consider efforts
to incorporate porous pavement.
C. Shared access connections between adjacent properties are encouraged
to facilitate access and to minimize the need for new curb cuts.
D. A landscape plan identifying proposed plantings shall be prepared
by a certified landscape architect.
The reviewing Board may consider permitting a full third story for mixed-use buildings in the M-1 District only in cases where all standards in §§
165-32 and
165-32.1 are met and the conditional use standards for mixed-use buildings are adequately addressed in a cohesive design.
Each nonresidential activity exceeding 10,000 square feet of
gross floor area shall provide one off-street loading and unloading
space with adequate ingress and egress from streets. Each space shall
be at least 15 feet by 40 feet.
[Added 12-13-2021 by Ord.
No. 21-22]
A. Purpose: The Borough adopts this section to advance the following
objectives:
(1) To find ways for a developed community to balance "legitimate zoning
and planning objectives" with the need and constitutional obligation
to provide affordable housing.
(2) To attempt to channel affordable housing in the areas of the Borough
that are best suited to accommodate affordable housing.
(3) To address its affordable housing unmet need obligation, the Borough
shall implement a Gateway Overlay Ordinance that creates an opportunity
for housing in the Borough that is affordable to very-low-, low- and
moderate-income households. This section establishes the Gateway Affordable
Housing Overlay 1 District (GAHO-1) Zone, and permits the creation
of multifamily housing within the GAHO-1 provided that such housing
complies with a required inclusionary set-aside requirement and with
the requirements of this section.
B. Location. The Gateway Affordable Housing Overlay 1 District (GAHO-1)
is applicable to blocks/lots in the M-3 Zoning District as follows:
Block
|
Lot(s)
|
---|
135
|
1, 2, 3, 4, 5, 6, 7, 8
|
136
|
1, 2, 3, 4, 5, 6
|
137
|
1, 2, 3, 4, 5
|
138
|
1, 2, 3, 4, 5, 6, 7
|
139
|
1, 2, 3, 4, 5, 6, 7
|
140
|
1, 2, 3, 4, 5, 6, 7.01, 7.02, 8, 9, 10, 17
|
C. Permitted uses. The following uses shall be permitted in the Gateway
Affordable Housing Overlay 1 District (GAHO-1):
(1) Mixed-use development including inclusionary multifamily residential
units provided:
(a)
The minimum affordable housing set-aside is met;
(b)
All affordable housing units produced comply with the Borough's
Affordable Housing Ordinance.
(c)
Uses permitted to be mixed with multifamily residential units
may include the following:
[9]
Financial institutions, including banks.
[10] Indoor commercial recreation/fitness club.
[17] Recreational instruction.
(2) Inclusionary multifamily dwellings provided:
(a)
The minimum affordable housing set-aside is met;
(b)
All affordable housing units produced comply with the Borough's
Affordable Housing Ordinance.
D. Accessory uses permitted. The following accessory uses and structures
shall be permitted in the GAHO-1 District provided they are located
on the same premises as the principal use or structure to which they
are accessory and are located in the rear yard:
(1) Accessory uses on the same lot with and customarily incidental to
any of the above permitted uses.
(2) Surface parking area and garages.
(3) Outdoor drinking and eating establishments.
E. Development standards.
(1) Minimum lot area: 15,000 square feet (may be met by multiple contiguous
parcels).
(2) Maximum density: 35 du/acre.
(3) Minimum front yard setback: 10 feet.
(4) Maximum front yard setback: 20 feet.
(5) Minimum side yard setback: 10 feet.
(6) Minimum rear yard setback: 15 feet.
(8) Maximum stories: four stories.
(9) Maximum impervious coverage: 85%.
(10)
Maximum building coverage: 75%.
(11)
Front-loaded townhouses are prohibited.
(12)
Building design.
(a)
The third story is set back a minimum of 10 feet from any facade
facing a public right-of-way or is adjacent to a single-family residence
of the building.
(b)
Rooftop appurtenances including architectural features such
as spires, cupolas, domes, and belfries, are permitted to exceed the
listed maximum height, as long as they are uninhabited, their highest
points are no more than 15 feet above the maximum overall height of
the building, and as long as the total area enclosed by the outer
edges of the appurtenances, measured at the maximum overall height
of the building, does not exceed 15% of the total horizontal roof
area of the building.
(c)
Stairs and elevator penthouses that project above the maximum
overall height of the building shall count toward the 15% allowance.
Equipment screens which project above the maximum overall height of
the building shall also count toward the above 15% allowance.
(d)
Mechanical equipment shall be set back from all building facades
by at least 10 feet and screened.
(e)
Parapet walls are permitted up to five feet in height, as measured
from the maximum height limit, or finished level of roof. A guardrail
with a surface of at least 70% open or with opacity of not more than
30% (as viewed in elevation) shall be permitted above a parapet wall
or within two feet of a parapet wall, provided that such guardrail
is not more than four feet in height. Such restriction on guardrail
height shall not apply when located beyond two feet from a parapet
wall, in which case the guardrail shall be exempt from parapet height
requirements.
(13)
Affordable housing.
(a)
All developments with a residential component will deliver an
on-site affordable housing set-aside of 15% for rental units and 20%
for for-sale units.
(b)
All affordable units created shall fully comply with the Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"),
including but not limited to the required bedroom and income distribution,
with the sole exception that 13% of the affordable units within each
bedroom distribution shall be required to be restricted for very-low-income
households earning 30% or less of the median income pursuant to the
Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA").
(c)
In the event the number of affordable housing units to be provided includes a fraction, the number shall be rounded up if the fractional amount is 0.5 or greater and rounded down if the fractional amount is less than 0.5. The developer shall either provide the affordable unit or provide a payment in lieu of constructing affordable units for the fraction of a unit less than 0.5. The payment in lieu shall be based on the amounts established in §
69-4D of the Borough's Code.
(d)
At least 50% of the affordable units within each bedroom distribution
shall be affordable to low-income households, inclusive of the at
least 13% of units affordable to very-low-income households.
(e)
The very-low-income affordable units shall be proportionately
distributed within each bedroom distribution. In a family non-age-restricted
development, at no time shall the number of one-bedroom very-low-income
units exceed the number of three-bedroom very-low-income units.
(f)
Affordable units shall be integrated with the market-rate units,
and the affordable units shall not be concentrated in separate building(s)
or in separate area(s) or floor(s) from the market-rate units. In
buildings with multiple dwelling units, this shall mean that the affordable
units shall be generally distributed within each building with market-rate
units. The affordable units shall also be of the same type as the
market-rate units (e.g., if the market-rate units are non-age-restricted
family units, the affordable units shall be non-age-restricted family
units as well). The residents of the affordable units shall have full
and equal access to all of the entryways, amenities, common areas,
and recreation areas and facilities as the residents of the market-rate
units.
(g)
Affordable units shall be subject to affordability controls
of at least 30 years from the date of initial occupancy and affordable
deed restrictions as otherwise provided for by UHAC, with the sole
exception that very-low income shall be defined as at or below 30%
of median income pursuant to the Fair Housing Act, and the affordability
controls shall remain unless and until the municipality, in its sole
discretion, takes action to extend or release the unit from such controls
after at least 30 years.
(h)
Construction of the affordable and market units shall be phased
in compliance with N.J.A.C. 5:93-5.6(d).
(i)
Affordable units shall be affirmatively marketed in accordance
with UHAC, the Borough's affirmative marketing plan, and applicable
law. The affirmative marketing shall include posting of all affordable
units on the New Jersey Housing Resource Center website in accordance
with applicable law.
[Added 12-13-2021 by Ord.
No. 21-23]
A. Purpose: The Borough adopts this section to advance the following
objectives:
(1)
To find ways for a developed community to balance "legitimate
zoning and planning objectives" with the need and constitutional obligation
to provide affordable housing.
(2)
To attempt to channel affordable housing in the areas of the
Borough that are best suited to accommodate affordable housing.
(3)
To address its affordable housing unmet need obligation, the
Borough shall implement a Gateway Overlay Ordinance that creates an
opportunity for housing in the Borough that is affordable to very-low-,
low- and moderate-income households. This section establishes the
Gateway Affordable Housing Overlay 1 District (GAHO-1) Zone, and permits
the creation of multifamily housing within the GAHO-1 provided that
such housing complies with a required inclusionary set-aside requirement
and with the requirements of this section.
B. Location. The Gateway Affordable Housing Overlay 2 District (GAHO-2)
is applicable to blocks/lots in the M-3 Zoning District as follows:
Block
|
Lot(s)
|
---|
140
|
11, 12, 12.01, 13, 14, 15, 16
|
C. Permitted uses. The following uses shall be permitted in the Gateway
Affordable Housing Overlay 2 District (GAHO-2):
(1)
Mixed-use development including inclusionary multifamily residential
units provided:
(a)
The minimum affordable housing set-aside is met;
(b)
All affordable housing units produced comply with the Borough's
Affordable Housing Ordinance.
(c)
Uses permitted to be mixed with multifamily residential units
may include the following:
[9] Financial institutions, including banks.
[10] Indoor commercial recreation/fitness club.
[17] Recreational instruction.
(2)
Inclusionary multifamily dwellings provided:
(a)
The minimum affordable housing set-aside is met;
(b)
All affordable housing units produced comply with the Borough's
Affordable Housing Ordinance.
D. Accessory uses permitted. The following accessory uses and structures
shall be permitted in the GAHO-2 District provided they are located
on the same premises as the principal use or structure to which they
are accessory and are located in the rear yard:
(1)
Accessory uses on the same lot with and customarily incidental
to any of the above permitted uses.
(2)
Surface parking area and garages.
(3)
Outdoor drinking and eating establishments.
E. Development standards.
(1)
Minimum lot area: 15,000 square feet (may be met by multiple
contiguous parcels).
(2)
Maximum density: 18 du/acre.
(3)
Minimum front yard setback: 10 feet.
(4)
Maximum front yard setback: 20 feet.
(5)
Minimum side yard setback: 10 feet.
(6)
Minimum rear yard setback: 15 feet.
(8)
Maximum stories: four stories.
(9)
Maximum impervious coverage: 85%.
(10)
Maximum building coverage: 75%.
(11)
Front-loaded townhouses are prohibited.
(12)
Building design.
(a)
The third story is set back a minimum of 10 feet from any facade
facing a public right-of-way or is adjacent to a single-family residence
of the building.
(b)
Rooftop appurtenances including architectural features such
as spires, cupolas, domes, and belfries, are permitted to exceed the
listed maximum height, as long as they are uninhabited, their highest
points are no more than 15 feet above the maximum overall height of
the building, and as long as the total area enclosed by the outer
edges of the appurtenances, measured at the maximum overall height
of the building, does not exceed 15% of the total horizontal roof
area of the building.
(c)
Stairs and elevator penthouses that project above the maximum
overall height of the building shall count toward the 15% allowance.
Equipment screens which project above the maximum overall height of
the building shall also count toward the above 15% allowance.
(d)
Mechanical equipment shall be set back from all building facades
by at least 10 feet and screened.
(e)
Parapet walls are permitted up to five feet in height, as measured
from the maximum height limit, or finished level of roof. A guardrail
with a surface of at least 70% open or with opacity of not more than
30% (as viewed in elevation) shall be permitted above a parapet wall
or within two feet of a parapet wall, provided that such guardrail
is not more than four feet in height. Such restriction on guardrail
height shall not apply when located beyond two feet from a parapet
wall, in which case the guardrail shall be exempt from parapet height
requirements.
(13)
Affordable housing.
(a)
All developments with a residential component will deliver an
on-site affordable housing set-aside of 15% for rental units and 20%
for for-sale units.
(b)
All affordable units created shall fully comply with the Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"),
including but not limited to the required bedroom and income distribution,
with the sole exception that 13% of the affordable units within each
bedroom distribution shall be required to be restricted for very-low-income
households earning 30% or less of the median income pursuant to the
Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA").
(c)
In the event the number of affordable housing units to be provided includes a fraction, the number shall be rounded up if the fractional amount is 0.5 or greater and rounded down if the fractional amount is less than 0.5. The developer shall either provide the affordable unit or provide a payment in lieu of constructing affordable units for the fraction of a unit less than 0.5. The payment in lieu shall be based on the amounts established in §
69-4D of the Borough's Code.
(d)
At least 50% of the affordable units within each bedroom distribution
shall be affordable to low-income households, inclusive of the at
least 13% of units affordable to very-low-income households.
(e)
The very-low-income affordable units shall be proportionately
distributed within each bedroom distribution. In a family non-age-restricted
development, at no time shall the number of one-bedroom very-low-income
units exceed the number of three-bedroom very-low-income units.
(f)
Affordable units shall be integrated with the market-rate units,
and the affordable units shall not be concentrated in separate building(s)
or in separate area(s) or floor(s) from the market-rate units. In
buildings with multiple dwelling units, this shall mean that the affordable
units shall be generally distributed within each building with market-rate
units. The affordable units shall also be of the same type as the
market-rate units (e.g., if the market-rate units are non-age-restricted
family units, the affordable units shall be non-age-restricted family
units as well). The residents of the affordable units shall have full
and equal access to all of the entryways, amenities, common areas,
and recreation areas and facilities as the residents of the market-rate
units.
(g)
Affordable units shall be subject to affordability controls
of at least 30 years from the date of initial occupancy and affordable
deed restrictions as otherwise provided for by UHAC, with the sole
exception that very-low income shall be defined as at or below 30%
of median income pursuant to the Fair Housing Act, and the affordability
controls shall remain unless and until the municipality, in its sole
discretion, takes action to extend or release the unit from such controls
after at least 30 years.
(h)
Construction of the affordable and market units shall be phased
in compliance with N.J.A.C. 5:93-5.6(d).
(i)
Affordable units shall be affirmatively marketed in accordance
with UHAC, the Borough's affirmative marketing plan, and applicable
law. The affirmative marketing shall include posting of all affordable
units on the New Jersey Housing Resource Center website in accordance
with applicable law.