[Ord. No. 1275-2018 § 1]
A.
The purpose of this Ordinance is to establish an Affordable Housing
Overlay Zoning District over specific areas of the Borough. This Ordinance
will permit residential affordable housing developments on tax lots
included in the overlay zone. These specific areas, which consist
of mainly the existing business district within the Borough, are portions
of the Borough that can realistically accommodate affordable housing
development. This Ordinance will place the overlay zone mostly along
New Jersey Avenue as it is the most suitable area of the Borough to
accommodate affordable housing development.
B.
The overlay zone will be placed into two sections. The first is the
larger section of the overlay zone that will lie within the Business
Zone (B-1) at the northern end of the Borough reaching from East Cresse
Avenue to Myrtle Road (North to South). The overlay zone will extend
to include at least the parcels of land along each side of New Jersey
Avenue with some areas encompassing multiple parcels. The second section
of the overlay zone is much smaller in size, but also lies within
the Business Zone of the Borough and extends from West Syracuse Avenue
to Topeka Avenue (North to South), along New Jersey Avenue. This section
will also extend to include at least the parcels of land along both
sides New Jersey Avenue with some areas containing several parcels.
C.
The Affordable Housing Overlay Zone will regulate said developments
through bulk and design standards. However, the Borough's underlying
zoning will still be in effect. The overall purpose is to permit affordable
housing developments in the Borough on tax lots that have existing
frontage on New Jersey Avenue or are deemed suitable for affordable
housing. Given the built-out nature of the Borough, an effective affordable
housing overlay zone will produce affordable units when suitable opportunities
become available through redevelopment or other planning mechanisms.
This will allow affordable housing to be approved under local ordinance
and regulations without detriment to the existing Borough zoning plan
and ordinance. Additionally, the overlay zone will preclude the need
for a rezoning on suitable and developable properties along the New
Jersey Avenue corridor. This creates a realistic opportunity to provide
for the development of affordable housing in accordance with the Fair
Housing Act (N.J.S.A. 52-27D-301), N.J.A.C. 5:93, and the Housing
Plan Element and Fair Share Plan prepared by the Borough to address
its affordable housing obligation.
[Ord. No. 1275-2018 § 2]
A.
Purpose: The purpose of the Affordable Housing Overlay Zone is to
provide an opportunity to develop affordable housing to meet prospective
housing needs, with particular attention to low and moderate income
housing, in conformance with the requirements of the Court, the Fair
Housing Act, and the Housing Plan Element and Fair Share Plan of Wildwood
Crest Borough. Permitted and conditional uses within the designated
Overlay Zone shall include all permitted and conditional uses in the
underlying zoning district in which the Overlay Zone is located and
allow for affordable housing development within the provisions of
this section.
B.
Affordable Housing Overlay Zone: Tax lots with frontage on New Jersey
Avenue and other suitable parcels within the Borough of Wildwood Crest
will be included in the overlay zone and allow for affordable housing
development with no affect to any existing zoning district regulations
or standards. A map is attached to this Ordinance that delineates
the overlay zone. Additionally, a list of all tax lots to be included
in the Affordable Housing Overlay Zone is provided below.[1]
[1]
Editor's Note: The map and list of tax lots referred to above
may be found on file in the Borough offices attached to Ordinance
No. 1275-2018.
C.
AFFORDABLE HOUSING DEVELOPMENT
MIXED-USE DEVELOPMENT
Definitions.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or structure that provides for-sale or rental dwelling units
for low and moderate income households within a residential use, structure,
supportive or special needs dwelling, or residential component of
a mixed-use development in accordance with the requirements of the
Borough of Wildwood Crest's affordable housing ordinances and Housing
Plan Element and Fair Share Plan.
A structure or building that encompasses two or more different
land uses, which shall be a retail or commercial component and a residential
component, whereby any commercial use must be on the ground floor
of said building or structure and the upper levels of the structure
shall be the residential component which can provide low and moderate
income units, for-sale or rental, in accordance with the requirements
of the Borough's affordable housing ordinances and Housing Plan Element
and Fair Share Plan.
D.
Density and Required Set-Aside: The maximum density permitted for
all affordable housing development in the overlay zone is 18 units
per acre with a minimum required set-aside of 15%.
E.
Principal Permitted Uses:
F.
Accessory Uses:
2.
Signs in accordance with the standards of Chapter 85-97 - Signs;
4.
Accessory uses and accessory buildings incidental to the above uses,
i.e. fully enclosed storage, dumpster in side or rear yard only, signs,
off-street parking and loading, and display kiosks;
5.
Public utility installations subject to the following special requirements:
a.
No storage of materials and trucks and no repair facilities or staging
of repair crews shall be permitted, except within completely enclosed
buildings.
b.
The exterior of any structure shall be in keeping with the other
structures in the immediate neighborhood.
c.
The proposed installation in a specific location must be necessary
for the satisfactory provision of service by the utility to the neighborhood
or area in which the particular use is located.
d.
The design of any building in connection with such facilities must
not adversely affect the safe, comfortable enjoyment of property rights
in the surrounding area.
e.
Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Code in effect at
the time of the construction.
f.
Landscaping, including shrubs, trees and lawns, shall be provided
and maintained.
g.
Off-street parking shall be provided as determined by the Planning
Board during site plan review.
G.
Area, Yard, and Building Requirements: The bulk requirements for
affordable housing development shall be in conformance with the following:
|
Affordable Housing Overlay Bulk Requirements
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Use**
|
Minimum Lot Area
|
Minimum Lot Frontage
|
Minimum First Floor Area
|
Minimum Lot Width
|
Minimum Front Yard Setback
|
Minimum Side Yard Set Back
|
Minimum Rear Yard Setback
|
Maximum Lot Coverage
|
Maximum Building Height*
|
|
Mixed Use Develop- ment
|
2,100 square feet
|
30 Feet
|
750 square feet
|
40 Feet
|
BTL-ROW
|
5 Feet (Each Side)
|
4 Feet
|
85%
|
4 Stories/45 Feet
|
|
Single Family Homes for Supportive or Special Needs
|
2,100 square feet
|
30 Feet
|
750 square feet
|
40 Feet
|
2 Feet
|
4 Feet (Each Side)
|
4 Feet
|
85%
|
2 Stories/30 Feet
|
|
Multi-Family Apartments
|
2,100 square feet
|
30 Feet
|
750 square feet
|
40 Feet
|
2 Feet
|
5 Feet (Each Side)
|
4 Feet
|
85%
|
4 Stories/45 Feet
|
|
* Maximum building height may only exceed the permitted heights
for the purposes of being above the base flood elevation.
|
|
** All principal ingress and egress for all uses shall be solely
off of New Jersey Avenue.
|
H.
Affordable Housing Requirements: All affordable housing developments
within the overlay zone, for projects creating five or more units
only, shall provide a minimum set-aside of 15% for rentals, and a
minimum 20% for for-sale residential developments for low and moderate
income households in accordance with Borough affordable housing requirements.
All affordable housing developments shall conform to the standards
found in the Borough's Affordable Housing Ordinance including provisions
for affordability, very low income units, and UHAC standards.
1.
Age-restricted units shall be permitted within any affordable housing
development but shall not exceed 25% of any given affordable housing
development's low and moderate income set aside.
