[Added 9-27-2018 by Ord.
No. 18-15]
To address its affordable housing unmet need obligation, the
Borough shall implement an Inclusionary Overlay Zone Ordinance that
creates a realistic opportunity for housing that is affordable to
low- and moderate-income households on Block 1803, Lot 1 also known
as the Church of the Guardian Angel, at 320 Franklin Turnpike. This
article establishes the Franklin Turnpike Inclusionary Overlay Zone
- the MFRO-4 District, and permits the creation of townhouse and multifamily
housing on the property identified above provided that such housing
complies with a required 20% inclusionary set-aside requirement and
with the requirements of this article. This article will not take
effect unless the church use ceases, or portions of the property become
released for residential development. In such an event, the church
use may not be changed to any other nonresidential use.
A.
In any inclusionary development permitted by this article, at least 20% of the residential units must be affordable to low- and moderate-income households. In the event that 20% of the total number of residential units does not result in a full integer, the developer/property owner shall refer to § 81-3C with regard to addressing the fractional unit.
(1)
In any development having five or more residential units, at
least one unit must be established as affordable to low- and moderate-income
households
The following principal uses and structures shall be permitted
in the MFRO-4 Zone District:
Permitted accessory uses shall be limited to those uses customarily
incidental to the uses permitted in this District, including but not
limited to clubhouses, pools, tennis courts and similar personal recreation
facilities for the exclusive use of the residents and guests of the
development, etc.
All buildings shall be subject to the following regulations:
A.
Maximum density: 12 units per acre.
B.
Principal building standards
(1)
Maximum height of principal buildings: 35 feet in height or
2 1/2 stories.
(2)
Minimum front yard from Franklin Turnpike: 35 feet.
(3)
Minimum front yard setback from interior driveways and roads:
20 feet from the traveled way of private internal streets, roadways,
etc.
(4)
Minimum side yard to interior driveways and roads: 10 feet.
(5)
Setback to residential zone districts: 50 feet.
(6)
Rear yard setback: 25 feet.
C.
Accessory building standards. Accessory buildings and structures
shall comply with the following minimum setback requirements:
D.
Maximum coverage by improvements. Not more than 65% of the tract
area may be occupied by buildings, paved areas and other improvements.
At least 35% of the tract area shall be landscaped or, in the case
of wetlands, wetland transition areas, water bodies or other undevelopable
areas, preserved in a natural condition.
E.
Minimum distance between buildings. The following minimum dimensions
shall separate principal buildings:
(1)
Front wall facing front wall: 60 feet.
(2)
Front wall facing rear wall: 50 feet.
(3)
Front wall facing end/side wall: 35 feet.
(4)
End/side wall facing end/side wall: 25 feet.
(5)
End/side wall facing rear wall: 30 feet.
(6)
Rear wall facing rear wall: 50 feet.
(7)
In case of uncertainty as to the definition of "front," "rear,"
"end/side" wall or in case the angle of the walls facing each other
make interpretation of the required setbacks uncertain, the more restrictive
of possible interpretations shall apply.
F.
Building design.
(1)
Apartment flat units may be located in buildings containing
townhouse units. In such buildings containing more than six total
units, a minimum of 40% shall be townhouse units. In such buildings
containing up to six total units, a minimum of 33% shall be townhouse
units. There shall not be more than six buildings in the development
combining apartment flats and townhouse units that contain six or
fewer total units.
(2)
Apartment-only buildings and buildings containing townhouses
and apartment flats shall be designed in a manner that does not distinguish
between the exterior design and appearance of apartment and townhouse
units.
(a)
In buildings containing apartment flats and townhouses, apartment
flats must be incorporated into the building in a manner consistent
with overall architectural theme of the building and shall emulate
the facade design and treatment of the townhouse units in order to
create the exterior appearance of a townhouse unit. If apartment flats
are stacked one unit over the other, the units must be accessed via
a common interior hallway with a single front and single rear door.
(b)
Buildings containing apartment flats with or without attached
townhouses shall contain a minimum of two and a maximum of 12 dwelling
units.
(3)
Buildings containing all townhouse units shall contain a minimum
of two and a maximum of six dwelling units.
(4)
No building facade shall exceed 150 feet in length.
(5)
All residential buildings shall provide a staggered front-wall
building setback of at least five feet for every two units, so as
to avoid a flat, continuous facade. Additionally, each unit shall
have not fewer than two walls with window exposure. For the purposes
of regulating facade articulation pursuant to this section, stacked
apartment flats shall constitute a single unit, so that multi family
buildings without townhouses appear similar to buildings with townhouses.
G.
Buffer standards.
(1)
Minimum buffer from residential zones: 25 feet
(2)
No improvements shall be permitted within the buffer other than
plantings, berms, walls, fences or a combination of the foregoing,
and when determined necessary by the Joint Land Use Board utility
structures, drainage pipes and related structures, etc., provided
that such utility and drainage structures shall not reduce the effectiveness
of the buffer.
(3)
In the event that berms, walls and fences are the primary method
used for screening, plantings shall also be required within the buffer
for aesthetic reasons, as determined by the Joint Land Use Board,
as applicable. Plantings shall be provided between the tract boundary
and any walls or fences used for buffers in order to improve the appearance
of the wall or fence from outside the tract.
(4)
In the event that plantings are the primary method used for
screening, the plantings shall include evergreen shrubs or trees at
least six feet high at the time of planting. Additional plantings
may be included or required, as determined by the Joint Land Use Board,
as applicable. The precise type, quantity and spacing of plantings
in the buffer shall be determined as part of any site plan review
required by the Joint Land Use Board as necessary to achieve the intent
of this subsection.
(5)
In the event that wetlands or other undevelopable areas exist
in the location of a required buffer, and such areas do not provide
an effective buffer in their natural state, plantings and/or berms
and/or fencing, etc., sufficient to meet the intent of the buffer,
as determined by the Joint Land Use Board shall be required to be
provided outside of such undevelopable areas. The foregoing shall
not be construed to require that such additional plantings, etc.,
have a minimum depth as prescribed herein. The nature and extent of
the buffer in such case shall be determined by the Joint Land Use
Board based upon field conditions.
H.
Parking. The amount and design of on-site parking shall be provided
in accordance with the requirements of the New Jersey Residential
Site Improvement Standards (N.J.A.C. 5:21-1 et seq.). In addition,
the following provisions shall apply:
(1)
Parking areas shall not be located in the front yard between
townhouse or apartment buildings and public streets. Individual driveways
serving townhouses or apartment housing units shall not have direct
access to a public street, but may have direct access to an internal
street, roadway, etc.
(2)
Parking areas shall not be located between townhouse or apartment
buildings and internal streets, roadways, etc., except that parking
spaces in the individual driveways for townhouse and apartment units
located in front of garage doors shall be permitted in such locations,
and furthermore parking areas containing a single row (i.e., one side
of the access aisle only) of up to 10 spaces shall be permitted in
such locations.
(3)
Parking areas and driveways shall be set back at least five feet from all property lines abutting a nonresidential zone, and at least 20 feet from all other property lines, except as may otherwise be required for buffers as set forth in § 270-205G.
(4)
Parking areas shall be set back at least seven feet from building
walls, except parking spaces in driveways located in front of garage
doors.
(5)
Parking areas shall be set back at least 10 feet from the traveled
way of internal streets, roadways, etc., except that parking spaces
adjacent to the traveled way and which use the traveled way for direct
access to the space shall be exempt from this requirement.
(6)
Parking spaces and private driveways shall be paved in accordance
with the requirements for the same in the New Jersey Residential Site
Improvement Standards (N.J.A.C. 5:21-1 et seq.).
I.
Lighting. All exterior lighting shall be arranged to direct light
away from all adjoining premises.
(1)
Unless specifically approved as part of a submitted site plan
development application by the applicable approving board, no lighting
shall be attached to the roof of a building.
(2)
Any lighting within a building shall be of an intensity and
shall be designed and focused to eliminate, to the maximum extent
practicable, any emission of lighting outside of the building; all
lighting outside of a building shall be provided via lighting fixtures
approved by the applicable approving board, as part of an approval
for a submitted site plan development application. The applicant is
required to submit a lighting plan indicating the location of the
lighting fixtures, the direction of illumination, the wattage and
isolux curves for each fixture, the hours of operation of the lighting
and the details of the lighting poles and the luminaries, all in accordance
with the following:
(a)
The lighting is to be provided by fixtures with a mounting height
not higher than 15 feet, measured from the ground level to the centerline
of the light source;
(b)
The lighting fixtures are to include nonglare lights with recessed
lenses focused downward and with cut-off shields as appropriate to
mitigate against adverse impacts upon adjacent and nearby properties,
the safety of traffic along adjacent roadways and overhead sky glow;
(c)
The light intensity provided at ground level shall be indicated
in footcandles on the submitted plans and shall average not more than
5/10 footcandle throughout the area to be illuminated. The reviewing
board may adjust these light levels where deemed appropriate to reduce
the effects of the light levels on surrounding properties.
Prior to the issuance of any construction permit, the Joint
Land Use Board shall review and approve a final site plan for the
entire project in accordance with the provisions of the Land Subdivision
and Site Plan Ordinance[1] and all other applicable ordinances of the Borough of
Allendale.
