A.
Purpose. The purpose of this zoning district is to encourage the construction of very-low-, low- and moderate-income housing by permitting mixed-use commercial development with inclusionary multifamily development subject to the Mixed Use-Affordable Housing Zone regulations enumerated herein at Block 21301, Lots 2 and 3 (Old Block 5, Lots 23, 32 & 34). It is further the intent of the zone to promote neighborhood-scale mixed-use development. Large-scale, single-user commercial development is to be discouraged in this zone.
B.
Principal permitted commercial and residential uses.
(1)
Retail business.
(2)
Dance studios, art and photographic studios, yoga and wellness studios or similar such uses.
(3)
Restaurants and food establishments without drive-through facilities.
(4)
Pharmacies without drive-through facilities.
(5)
Health spas, gym and boutique exercise/fitness facilities.
(6)
General office uses.
(7)
Multifamily residential housing on ground level, above commercial or as stand-alone buildings provided no more than 30% of such multifamily residential units may be placed on ground level that are lined by a commercial use facing Beaver Brook Road.
C.
Multiple permitted uses may occupy a single building.
D.
Accessory uses. Any use which is ordinarily subordinate and customarily incidental to the principal permitted uses allowed in the M-U Zone.
E.
Prohibited uses. Any use not specifically permitted herein is prohibited.
F.
Dwelling unit maximum density. The maximum number of permitted dwelling units shall not exceed 32 units per acre.
G.
It is intended that this zone be developed as a mix of residential and commercial uses to satisfy the Borough's affordable housing obligation. It is further intended that the zone be developed in a comprehensive and coordinated fashion. Therefore, no development may proceed without a comprehensive development plan that demonstrates that the mix of commercial and residential components, including the affordable housing obligation, as required by this zone, are satisfied. This requirement should not be construed as precluding a phased development plan; provided, however, that such phasing guarantees the development of affordable housing as contemplated in the zone and in accordance with the Borough's affordable housing requirements and state affordable housing laws and regulations.
H.
I.
Site design requirements. The following site design standards are intended to promote a unified theme, displayed through the application of common building materials to achieve a harmonious and cohesive design. Deviations from this section shall be considered design standard exceptions and not variances and may be granted at the discretion of the Planning Board if doing so is compatible and consistent with the intent and purposes of the zone.
(1)
Architectural design standards.
(a)
Facade design.
[1]
Horizontal articulation between floors. Each facade should be designed to have a delineated floor line between street-level and upper floors. This delineation can be in the form of a masonry belt course, a concrete lintel or a cornice line delineated by wood detailing.
[2]
Vertical articulation. Each building facade facing a public right-of-way must have elements of vertical articulation comprised of columns, piers, recessed windows or entry designs, overhangs, ornamental projection of the molding, different exterior materials or wall colors, or recessed portions of the main surface of the wall itself. The vertical articulations shall be designed in accordance with the following:
[a]
Each vertical articulation shall be no greater than 30 feet apart.
[b]
Each vertical articulation shall be a minimum of one foot deep.
[c]
Each vertical projection noted above may extend into the required front yard a maximum of 18 inches in depth.
[d]
Building walls with expansive blank walls are prohibited on any building facade regardless of its orientation.
(b)
Rooflines. Roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
(c)
All ground-level retail and service uses that face a public street shall have clear glass on at least 50% of their facades between two feet and eight feet above grade.
(d)
Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.
(e)
All buildings should relate harmoniously to the site's natural features and existing buildings, as well as other structures in the vicinity that have a visual relationship and orientation to the proposed buildings. Such features should be incorporated into the design of building form and mass and assist in the determination of building orientation in order to preserve visual access to natural and man-made community focal points.
(f)
Buildings with expansive blank walls are prohibited. Appropriate facade treatments should be imposed to ensure that such buildings and facades are integrated with the rest of the development and the entirety of the building.
(g)
New buildings are encouraged to incorporate such building elements as entrances, corners, graphic panels, display windows, etc., as a means to provide a visually attractive environment.
(h)
Cornices, awnings, canopies, flagpoles, signage, and other ornamental features should be encouraged as a means to enhance the visual environment. Such features may be permitted to project over pedestrian sidewalks, with a minimum vertical clearance of 8.5 feet, to within four feet of a curb.
(i)
A human scale of development should be achieved at grade and along street frontages through the use of such elements as windows, doors, columns, awnings and canopies.
(j)
Design emphasis should be placed on primary building entrances. They should be vertical in character, particularly when there is the need to provide contrast with a long linear building footprint, and such details as piers, columns, and framing should be utilized to reinforce verticality.
(k)
Refuse and recycling shall be located interior to a building or, alternatively, if located outside, the refuse area shall be appropriately screened by decorative masonry wall consistent with the type of building materials used within the development not to exceed six feet.
(l)
Rooftop utilities, including mechanical, electrical, and plumbing equipment, and HVAC units, are permitted but shall be shielded from public view with appropriate screening that complements the character of the buildings architecture.
(m)
Internal private balconies not facing a public right-of-way shall be permitted but shall not exceed a maximum depth of five feet beyond the building facade nor encroach within a required setback. Alternatively, Juliet balconies are permitted. Notwithstanding the foregoing, ground level private and common courtyards shall not be subject to these requirements and may be permitted within the required setback provided the encroachment is screened or landscaped.
J.
All affordable housing units shall comply with the Borough's affordable housing regulations in its Affordable Housing Ordinance,[1] as well as the NJ Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1 et seq.). This shall include but is not limited to:
(1)
The requirement that at least 13% of the affordable units within the development shall be required to be for very-low-income households earning 30% or less of median income;
(2)
The bedroom distribution of very-low-, low- and moderate- income units for affordable units shall be as follows.
(3)
Recording of appropriate affordability controls of not less than 40 years for rental units and not less than 30 years for sale units;
(4)
Minimum unit sizes by square footage as required by UHAC for affordable housing units; and
(5)
The affordable units shall be affirmatively marketed in accordance with UHAC and applicable law. The affirmative marketing shall include the community and regional organizations identified by the Borough, and it shall also include posting of all affordable units on the New Jersey Housing Resource Center website in accordance with applicable law.
K.
The 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 of similar tenure, this shall mean that the affordable units shall be generally distributed within each building with market units. The residents of the affordable units shall have full and equal access to all of the amenities, common areas, and recreation areas and facilities as the residents of the market-rate units.
L.
Construction of the affordable units in inclusionary developments shall be phased in compliance with N.J.A.C. 5:93-5.6(d).
M.
All very-low-, low- and moderate-income housing units shall be in conformance with the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA") and any amendments thereto; applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA") including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), with the sole exception that a minimum of 13% of the affordable units will be made available to very-low-income households, defined as households earning 30% or less of the regional median income by household size pursuant to the FHA.