[Added 9-13-2018 by Ord.
No. 16-18]
The Rockaway Borough Affordable Housing Overlay Districts are
hereby established to provide supplemental development regulations
to guide the development of low- and moderate-income housing to assist
the Borough in meeting its obligation to provide its fair share of
affordable housing pursuant to the Fair Housing Act of 1985.
The provisions in this section are not intended to repeal, abrogate
or annul any portion of this chapter, or existing county, state or
federal regulations. In any case, where there is a conflict, the more
stringent restrictions shall apply.
[Amended 7-9-2020 by Ord. No. 10-20; 4-8-2021 by Ord. No. 09-21]
A.
The AHO Affordable Housing Overlay Zone Districts shall be comprised
of those properties designated as the following:
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AHO-6
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Affordable Housing Overlay District
|
Block 27.02, Lot 7; Block 73, Lot 59.01
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|
AHO-15
|
Affordable Housing Overlay District
|
All properties within the R-5 District[1]; portions of Block 17, Lot 8; Block 31, Lot 16; Block
32, Lots 1 and 2; portion of Block 32, Lot 5; Block 40, Lots 34 and
35.01; and portions of Block 84, Lots 12, 17 and 18
|
|
AHO-S
|
Affordable Housing Overlay District
|
Block 73, Lot 65
|
[1]
Except Block 27.02, Lot 7
The following shall be permitted principal uses in the AHO-6
District:
A.
One-family dwellings.
B.
Two- and three-family dwellings.
C.
Townhouse developments in compliance with § 172-104, Requirements for townhouses in AHO Districts.
D.
Public utility facilities.
E.
Community residences and shelters for the developmentally disabled,
for victims of domestic violence, for persons with head injuries and
for the terminally ill pursuant to N.J.S.A. 40:55D-66.1.
[Added 7-9-2020 by Ord. No. 10-20; 4-8-2021 by Ord. No. 09-21]
The following shall be permitted principal uses in the AHO-15
District:
A.
One-family dwellings.
B.
Garden apartments.
C.
Townhouse developments in compliance with § 172-104, Requirements for townhouses in AHO Districts.
D.
Public utility facilities.
E.
Community residences and shelters for the developmentally disabled,
for victims of domestic violence, for persons with head injuries and
for the terminally ill pursuant to N.J.S.A. 40:55D-66.1.
The following shall be permitted accessory uses in all AHO Districts:
D.
Private swimming pools; provided, however, that said pool shall not
be closer than 10 feet to any side or rear lot line and, on corner
lots, no part of any private swimming pool shall be constructed within
the required front yard setback for either street.
(1)
Artificial lights used or maintained in connection with a private
swimming pool shall be so located and the illumination shielded so
that the direct source of light is not visible from any adjacent property.
(2)
No private swimming pool shall be used other than as an accessory
use to the permitted principal residential use.
E.
Customary and usual residential storage structures.
F.
Customary and usual residential appurtenances and structures such
as patios, fireplaces, trellises, lamp posts and the like.
H.
Accessory uses customarily incident to the above uses, provided that
they do not include any activity commonly conducted for gain unless
specifically permitted in this section.
[Amended 7-9-2020 by Ord. No. 10-20; 4-8-2021 by Ord. No. 09-21]
A.
A minimum of 20% of the total number of units constructed within the AHO-6, AHO-15 and AHO-S Districts shall be affordable low- to moderate-income households per N.J.A.C. 52:27D-329.9. When calculating the required number of affordable units, any computation resulting in a fraction less than 0.5 shall be rounded down; any computation resulting in a fraction of 0.5 or greater shall be rounded up; provided, however, that a minimum of one affordable unit shall be required as part of any project constructed within the AHO Districts having at least five residential dwelling units. Low- and moderate-income housing shall be constructed in accordance with Chapter 88, Affordable Housing.
B.
Dwellings
constructed for low- and moderate-income households shall be governed
by thirty-year deed restrictions (see N.J.A.C 5:93-5.16) ensuring
long-term affordability controls.
Except as otherwise provided in this chapter, the requirements and limitations contained in the Schedule of Zoning Requirements referred to in § 172-5 shall be complied with.[1]
[1]
Note: Said Schedule is located at the end of this chapter.
The following requirements shall apply to all garden apartment
developments within the AHO Districts:
A.
Utilities. Each development shall be connected to the public sanitary
sewer and water systems, as approved by the Borough Engineer. Fire
hydrants shall be installed by the developer in adequate numbers and
at locations recommended by the Borough Engineer.
B.
Height. No building containing apartment units shall exceed three
stories in height; provided, however, that in no event shall any apartment
structure exceed 45 feet in height. For Block 40, Lot 34, any portion
of a building within 100 feet of Franklin Avenue shall have a maximum
height of two stories.
C.
Yards. No building containing apartment units shall be closer than
35 feet to any abutting street right-of-way line nor closer than 35
feet to any other property line. Accessory structures and parking
lots in the side and rear yards are permitted, provided that no accessory
structure or parking lot is permitted in the driveway or a front yard.
D.
Distance between buildings. There shall be a minimum distance of
30 feet between all buildings containing apartments; provided, however,
that no dimension of an open courtyard formed by either one building
or a group of buildings shall be less than 60 feet. A minimum distance
of 15 feet is required between accessory structures.
E.
Density. The maximum residential density shall be 15 units per acre
in the AHO-15 District.
F.
Lot area. Each development shall have a minimum lot area of 20,560
square feet.
G.
Units per building. No garden apartment building shall contain more
than 30 dwelling units.
H.
Parking. Each development shall meet the off-street parking provisions of Chapter 171, Land Subdivision and Site Plan Review.
I.
Basement units. Dwelling units shall not be permitted in basements;
provided, however, that not more than 33% of the total volume of space
of a dwelling unit shall be permitted in a basement.
J.
Floor area. All dwelling units shall conform to the following minimum
floor area requirements exclusive of porches, staircases, basements,
breezeways, balconies and attached garages:
K.
Location. No dwelling unit shall be located above the third story
of any structure.
L.
Facilities.
(1)
Each dwelling unit shall contain complete cooking, toilet and
bathing facilities. Bedrooms shall be separately partitioned and enclosed.
(2)
Each dwelling structure shall contain readily accessible interior
storage area, exclusive of any closets, of at least 500 cubic feet
per dwelling unit.
(3)
Each dwelling structure shall contain clothes washing and drying
areas of at least 10 square feet of floor area per dwelling unit.
M.
Landscaping and screening.
(1)
All outdoor areas shall be landscaped as required by the Land
Use Board at site plan approval. All parking, service and storage
areas for trash and recyclables shall be adequately screened and shielded
from adjacent residential areas and located on the site as approved
by the Land Use Board.
(2)
Interior development roads and pedestrian walks shall be provided
with shade trees. Open spaces adjacent to and between buildings, border
strips along interior development roads and areas along the side of
pedestrian walks shall be graded and seeded to provide a thick stand
of grass or other plant material ground cover. Approaches to garden
apartment dwelling structures and entrance areas shall be attractively
shrubbed.
N.
Lighting. Site lighting shall be provided to illuminate the premises
at night and all wiring shall be laid underground. All lighting fixtures
shall be so located and shielded so that the direct source of light
is not visible from any residential areas as approved by the Land
Use Board.
O.
Architecture and construction. The architecture employed shall be
aesthetically congruous with the surrounding area, as approved by
the Land Use Board. All buildings shall be constructed in accordance
with the Uniform Construction Code.[1]
(1)
The exterior of each building wall of each garden apartment
dwelling structure shall be of solid brick or stone, brick, stone,
aluminum or vinyl facing or other comparable durable building materials
as permitted by the Uniform Construction Code and as approved by the
Land Use Board. Exposed cinder block shall not be used for the exterior
facing of any structure.
(2)
The exterior of all accessory structures shall harmonize architecturally
with and be constructed of materials of a like character to those
used in principal structures.
(3)
All stairways shall be constructed and contained within the
apartment buildings.
(4)
There shall be between each garden apartment dwelling unit a
soundproof fire wall constructed according to the specifications approved
by the Borough Engineer and Construction Official as set forth in
the Uniform Construction Code.
(5)
Each structure containing one or more dwelling units shall be
provided with more than one exterior entrance from said structure.
P.
Trash disposal. Every garden apartment development shall provide
for a screened and accessible dumpster area for regular trash and
garbage disposal. In addition, there shall be provided on each site
separate containers or bins for residents to deposit glass, aluminum,
newsprint and other recyclables to comply with mandatory recycling
regulations.
The following requirements shall apply to all townhouse developments
within the AHO Districts:
A.
Utilities. Each development shall be connected to the public sanitary
sewer and water systems, as approved by the Borough Engineer. Fire
hydrants shall be installed by the developer in adequate numbers and
at locations recommended by the Borough Engineer.
B.
Height. No building containing townhouse units shall exceed 35 feet
in height.
C.
Length. No building containing townhouse units shall exceed 160 feet
in length.
D.
Yards. No building containing townhouse units shall be closer than
35 feet to any abutting street right-of-way line nor closer than 35
feet to any other property line. Accessory structures and parking
lots in the side and rear yards are permitted, provided that no accessory
structure or parking lot is permitted in the driveway or a front yard.
E.
Distance between buildings. There shall be a minimum distance of
20 feet between all buildings containing townhouses; provided, however,
that no dimension of an open courtyard formed by either one building
or a group of buildings shall be less than 60 feet. A minimum distance
of 15 feet is required between accessory structures.
F.
Tract area. Each development shall have a minimum tract area of 20,560
square feet.
G.
Lot area. Each development shall have a minimum lot area of 2,000
square feet.[1]
[1]
These figures apply to the individual lots for each townhouse
unit. In the event that the individual dwelling unit lots are not
to be subdivided in fee simple but are to be part of a condominium
association arrangement or part of a rental plan, the required area
for each dwelling unit shall be designated on the site plan as an
imaginary line conforming to the lot requirements indicated.
H.
Units per building. No townhouse building shall contain more than
six dwelling units.
I.
Parking. Each development shall meet the off-street parking provisions of Chapter 171, Land Subdivision and Site Plan Review.
J.
Rooms. Each development shall meet the following requirements:
K.
Floor area. All dwelling units shall conform to the following minimum
floor area requirements exclusive of porches, staircases, basements,
breezeways, balconies and attached garages:
L.
Location. No dwelling unit shall be located above the third story
of any structure.
M.
Facilities.
(1)
Each dwelling unit shall contain complete cooking, toilet and
bathing facilities. Bedrooms shall be separately partitioned and enclosed.
(2)
Each dwelling structure shall contain readily accessible interior
storage area, exclusive of any closets, of at least 500 cubic feet
per dwelling unit.
(3)
Each dwelling structure shall contain clothes washing and drying
areas of at least 10 square feet of floor area per dwelling unit.
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Bulk and Dimensional Requirements
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|---|---|
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Minimum
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Individual Lots
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Tract size
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—
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Lot width
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20 feet[2]
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Lot depth
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100 feet[3]
|
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Front yard
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25 feet[4]
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|
Side yard
| |
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Rear yard
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25 feet[7]
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Maximum
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Individual Lots
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|---|---|
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Building coverage
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50%
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Site coverage
|
70%
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Building height
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35 feet
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Building length
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—
|
[2]
These figures apply to the individual lots for each townhouse
unit. In the event that the individual dwelling unit lots are not
to be subdivided in fee simple but are to be part of a condominium
association arrangement or part of a rental plan, the required area
for each dwelling unit shall be designated on the site plan as an
imaginary line conforming to the lot requirements indicated.
[3]
These figures apply to the individual lots for each townhouse
unit. In the event that the individual dwelling unit lots are not
to be subdivided in fee simple but are to be part of a condominium
association arrangement or part of a rental plan, the required area
for each dwelling unit shall be designated on the site plan as an
imaginary line conforming to the lot requirements indicated.
[4]
These figures apply to the individual lots for each townhouse
unit. In the event that the individual dwelling unit lots are not
to be subdivided in fee simple but are to be part of a condominium
association arrangement or part of a rental plan, the required area
for each dwelling unit shall be designated on the site plan as an
imaginary line conforming to the lot requirements indicated.
[5]
These figures apply to the individual lots for each townhouse
unit. In the event that the individual dwelling unit lots are not
to be subdivided in fee simple but are to be part of a condominium
association arrangement or part of a rental plan, the required area
for each dwelling unit shall be designated on the site plan as an
imaginary line conforming to the lot requirements indicated.
[6]
The minimum side yard requirements for individual townhouse
lots apply only to end units on the buildings.
[7]
These figures apply to the individual lots for each townhouse
unit. In the event that the individual dwelling unit lots are not
to be subdivided in fee simple but are to be part of a condominium
association arrangement or part of a rental plan, the required area
for each dwelling unit shall be designated on the site plan as an
imaginary line conforming to the lot requirements indicated.
[Added 7-9-2020 by Ord. No. 10-20]
The following requirements shall apply to all senior housing
apartment developments within the AHO Districts:
A.
Height.
No building containing senior housing apartment units shall exceed
three stories or 38 feet in height. Buildings containing senior housing
apartment units shall have a gable or sloped roof residential in character.
Notwithstanding the foregoing, a portion of said roof shall be permitted
to be flat to accommodate rooftop equipment. Height shall be measured
from the average elevation of the proposed finished grade at each
corner of the building next to the foundation to the mean height of
a gable roof. A minimum roof pitch of 5:12 shall be provided.
[Amended 4-8-2021 by Ord. No. 09-21]
B.
Height
of rooftop equipment: Maximum building height shall not include roof-mounted
appurtenant structures, fixtures and equipment, including but not
limited to chimneys, antennas, HVAC equipment, tanks, cupolas, and
similar projections if such structures comply with the following:
(1)
Rooftop mechanical equipment not to exceed 15% of roof area.
(2)
Shall be setback minimum 10 feet from front and side building perimeter,
and five feet from any rear building perimeter.
[Amended 4-8-2021 by Ord. No. 09-21]
(3)
Any rooftop equipment shall not exceed 10 feet in height and must
be screened/treated architecturally in materials/colors that complement
building facade to reduce visual impact.
(4)
Any equipment that does not comply with above must be included in
overall building height.
C.
Story
height. Minimum story height shall be nine feet.
D.
Lot
area. Each development shall have a minimum lot area of 6.5 acres.
[Amended 4-8-2021 by Ord. No. 09-21]
E.
Lot
width. Minimum lot width of 300 feet.
F.
Lot
depth. Minimum lot depth of 100 feet.
G.
Side
yard, principal: 50 feet.
H.
Front
yard, principal: 50 feet.
I.
Rear
yard, principal: 50 feet.
J.
Building
coverage: 10%.
K.
Lot
coverage: 30%.
L.
Accessory
structure and parking setback: 10 feet from all property lines.
M.
Maximum
density: 11 units per acre for a total of 70 maximum units, including
one accessory on-site caretaker unit if approved by the Board.
[Amended 4-8-2021 by Ord. No. 09-21]
N.
Parking
and loading.
[Amended 4-8-2021 by Ord. No. 09-21]
(1)
Each senior housing, apartment development shall provide 1.0
space per unit, plus 1.0 per maximum number of employees per shift,
1.0 for every five units for visitor parking, plus one oversized parking
space (eight feet by 40 feet) for buses, shuttles, deliveries, etc.
Parking in the fifty-foot front yard setback shall not exceed 40%
of the required parking spaces. Pursuant to N.J.A.C. 5:21-4.14(c),
the Borough is accepting these parking standards as standards that
better reflect local conditions and characteristics of senior housing,
apartment developments.
(2)
Loading spaces shall be permitted in the front yard.
P.
Architecture.
The architecture employed shall be aesthetically congruous with the
surrounding area, as approved by the Land Use Board.
(1)
The exterior of building wall shall be of high-quality and durable
building materials as permitted by the Uniform Construction Code and
as approved by the Land Use Board. Exposed cinderblock shall not be
used for the exterior facing of any structure.
(2)
The exterior of all accessory structures shall harmonize architecturally
with and be constructed of materials of a like character to those
used in principal structures.
(3)
All stairways shall be constructed and contained within the apartment
buildings.
(4)
Walls separating dwelling units shall be constructed as 1HR rated
fire partitions with sound attenuation, as required by the 2018 International
Building Code: NJ Edition.
(5)
To ensure an articulated facade, one of following architectural elements
must be provided: 1) at least every 35 feet, the building will step
forward or backward at least five feet, or 2) at least every 51 feet
of the main building facade along West Main Street will step back
or forward at least two feet, with an average change of three feet,
plus a step forward of at least 10 feet for the twenty-to-thirty-foot
width around and at the building entrance.
[Amended 4-8-2021 by Ord. No. 09-21]
(7)
The main building entrance shall be prominently designed, with roof
cover.
Q.
Utilities.
Each development shall be connected to the public sanitary sewer and
water systems, as approved by the Borough Engineer. Fire hydrants
shall be installed by the developer in adequate numbers and at locations
recommended by the Borough Engineer. All proposed utilities (including
transformers, HVAC, generators, and telecommunication equipment) shall
be located in a way that is visually unobtrusive. Utilities shall
be located to the rear or side of the principal structure. All utilities
shall be screened so as to not be visible from the public right-of-way.
All new electric and telecommunications connections shall be installed
underground.
[Amended 4-8-2021 by Ord. No. 09-21]
R.
Facilities.
(1)
Minimum of two bathroom facilities for common use shall be provided
on first floor.
(2)
Total amenity areas shall be a minimum of 100 square feet per bedroom
and must include at least 25% of amenity space indoors and 25% of
amenity space outdoors. Outdoor space may include accessible lawn
area, decks, patios, terraces, or similar amenity space and shall
be available to and accessible to each unit.
[Amended 4-8-2021 by Ord. No. 09-21]
(a)
Indoor amenity areas must consist of at least one "flex community
room" with communal kitchen appliances and seating that can be used
for gatherings, events, or activities.
(4)
Outdoor amenity areas must consist of at least:
(a)
Seating accommodation for at least 0.25 seats per bedroom or 0.50
linear feet of bench per bedroom. At least 50% shall be in shade.
(b)
One active recreation area, which may include outdoor exercise equipment,
swimming pool, and/or bocce court.
[Amended 4-8-2021 by Ord. No. 09-21]
(c)
One passive recreation area, which may include walking path, gardening
areas, chess/checker tables, gazebos, library, butterfly garden, and/or
outdoor living rooms/firepits.
(d)
In addition, outdoor amenity areas may also consist of personal patios,
personal decks, personal balconies, and additional active/passive
recreation area. Notwithstanding the foregoing, such structures are
not required and shall only be counted towards outdoor amenity space
if such structures are proposed.
[Amended 4-8-2021 by Ord. No. 09-21]
(e)
Outdoor amenity areas must be setback a minimum of 15 feet from all
property lines and will be enclosed and screened by fencing or landscaping
as approved by the Board. Walking paths are exempt from setback and
screening requirements.
[Amended 4-8-2021 by Ord. No. 09-21]
(5)
Bicycle parking required per ordinance may be included in the total
amenity space, either located indoors or outdoors.
(6)
The facility may have at least one on-site maintenance/caretaker
unit.
S.
Landscaping.
(1)
A landscape yard buffer shall be a minimum of five feet along the
length of the property with building or parking improvement area.
No structure, storage of materials or parking of vehicles shall be
permitted within a buffer, with the exception of a permitted ground
sign.
(2)
All driveways and paths shall be buffered on both side by three-foot-wide
landscaping where appropriate, not including parking spaces abutting
sidewalks/walkways.
[Amended 4-8-2021 by Ord. No. 09-21]
(3)
All outdoor areas shall be landscaped as required by the Land Use
Board at site plan approval. All parking, service and storage areas
for trash and recyclables shall be adequately screened and shielded
from public right-of-way and located on the site as approved by the
Land Use Board.
(4)
Interior development roadway and pedestrian walks shall be provided
with shade trees. Areas along the side of pedestrian walks shall be
graded and seeded to provide a thick stand of grass or other plant
material ground cover. Entrances and approaches to building structures
and entrance areas shall be attractively shrubbed.
(5)
Landscape buffering of at least four feet or solid fencing or wall
shall be provided around parking areas visible to public right-of-way
at no less than 50% opacity to a height of four feet after five years
of growth. This shall exclude sight lines.
(6)
Invasive species shall not be permitted.
T.
Refuse.
Refuse shall not be located in any required front yard or buffer.
All outdoor refuse shall be visually screened within a durable, noncombustible
enclosure, so as not to be visible from adjacent lots or sites, neighboring
properties or streets. Screening may be accomplished through the use
of planting buffers, fences or walls, and shall be high enough to
screen these structures.
U.
Signage.
(1)
Maximum of one façade sign with residential building name,
with a maximum 20 square feet in area. Externally illuminated or backlit
channel letters only.
(2)
Maximum of two ground signs, either two-post-wood freestanding, monument
style, or post and arm, or approved equal. Externally illuminated
or backlit channel letters only. Maximum sign area of 20 square feet
per sign, total sign height up to six feet including monument base.
No electronic/neon/flashing messaging. Minimum setback of one foot
from front property line (10 feet from curb line), and minimum setback
of 10 feet from side/rear property lines.
V.
Lighting.
(1)
Site lighting shall be provided and all wiring shall be laid underground.
(2)
All lighting fixtures shall be downward-facing and full cut-off,
and all nonessential lights shall be turned off overnight.
(3)
Maximum mounting height of all lighting fixtures shall be no more
than 12 feet in front yard, and 15 feet in side and rear yard. No
fifteen-foot lights can be within 30 feet.
(4)
No flashing, laser, searchlight, strobe, tracing, pulsating, or neon
exterior lighting is permitted.
(5)
Maximum color temperature should be 3,500º K.
(6)
Outdoor lighting levels and illumination shall meet the following
average maintained horizontal footcandles measured at average point
of illumination between four and five feet above grade:
(a)
Property line (maximum): 0.5 footcandles at side/rear property line
and 3.0 footcandles at sidewalk frontage.
(b)
Property line (maximum): One footcandle at front property line and
3.0 footcandles at sidewalk frontage.
(c)
Parking and driveway area: one to three footcandles.
(d)
Residential entrance (fully shielded luminaire): three to five footcandles.
(e)
Building façade (maximum): three footcandles.
W.
Sustainable
design. Applicant should employ at least one sustainable design feature:
(1)
Electric vehicle charging stations or electric conduits to facilitate
future electric vehicle charging stations.
(2)
Energy efficient windows and appliances.
(3)
Rainwater harvesting such as rain gardens and bioswales.
(4)
Green walls or green roofs.
(5)
Solar panels on building roof.
(6)
Efficient LED lighting.
Y.
Retaining walls. The maximum permitted exposed height of a single
retaining wall shall be 10 feet. Notwithstanding the foregoing, a
portion of the retaining wall may be permitted up to 12 feet in height
for a length not to exceed 100 linear feet, if necessary due to the
grading adjacent to the corner of Block 73, Lot 66's south and west
property line, provided that such wall permitted up to 12 feet must
be either the first wall in a tiered system or the only wall in that
portion of the property. Tiered retaining walls are permitted and
shall be spaced a minimum of five feet apart, measured face-to-face.
The aggregate height at any one point of tiered retaining walls shall
not exceed 35 feet, measured from the finished grade at the bottom
of the lowest wall to the top of the highest wall. Fences shall be
permitted on top of a retaining wall but shall not be included in
calculating the height of the retaining wall. Walls over six feet
in height shall be setback from property lines by at least 10 feet
as measured from the face of the wall. No retaining wall shall be
set back closer than 20 feet to the right-of-way. All retaining walls
shall be architecturally treated so as to enhance their appearance
to the reasonable satisfaction of the reviewing land use board and
its professionals.
[Added 4-8-2021 by Ord.
No. 09-21]
Z.
Site plan approval. Prior to the issuance of any building permit, pursuant to this chapter, a site plan of the entire project as required in Chapter 171 shall be approved by the Land Use Board.
AA.
Relationship to Other Ordinances. In any instance in which these
regulations and standards address a particular land development control,
these regulations and standards shall supersede those in the Borough
of Rockaway Code.
[Added 4-8-2021 by Ord.
No. 09-21]
BB.
Exemptions. Development within the AHO-S Zone shall be exempt from the requirements of Chapter 170, Article V, Tree Conservation and Protection. Development within the AHO-S Zone shall be conditionally exempted from Chapter 170, Article II, Soil Disturbance; and Article I, § 170-5, Steep slopes and critical slopes, subject to the following requirements: 1) slope disturbance shall be reviewed by the Borough Engineer during site plan review, to determine whether there is adequate stabilization during and after the construction process; 2) slope disturbance shall be in accordance with the NJ Sediment and Soil Erosion Control Manual; 3) proof of insurance for all blasting, drilling, excavation, and any damage for off-site properties during the construction process must be provided; and 4) slope disturbance is restricted to areas as approved by the Land Use Board during site plan review.
[Added 4-8-2021 by Ord.
No. 09-21]
