[Added 2-8-1988 by Ord. No. 3-88; 9-23-2002 by Ord. No.
02-17]
A.
The purpose of the AFD-1, AFD-1.1, AFD-2, AFD-3 and
AFD-4 Districts is to encourage the development of certain vacant
tracts in a manner which incorporates the best features of design
and relates the type, design and layout of residential development
to the particular site, and, at the same time, provides the realistic
opportunity for lower-income housing to be constructed in accordance
with the guidelines set forth in the Fair Housing Act as interpreted
by the Council on Affordable Housing (COAH). These districts are intended
to implement the Borough's Fair Share Plan prepared in accordance
with the COAH's rules, which plan was adopted by the Borough Council
and submitted thereafter to the COAH. Special standards and procedures
applicable to these districts only are set forth herein to expedite
the production of the lower income housing.
B.
Recognizing that low- and moderate-income housing
requires the removal of standards which may be desirable to achieve
but which may also be cost generating to a developer of lower-income
housing and thereby inhibit its production, the guidelines set forth
herein are deemed, in connection with the initial construction of
said low- and moderate-income housing and the accompanying market
value housing, to be the minimum necessary for public health, safety
and welfare.
[Amended 7-26-1999 by Ord. No. 10-99]
C.
After completion of the low- and moderate-income housing
and the accompanying market value housing in a development to the
satisfaction of the appropriate Borough officials, when excessive
cost as an inhibitor of the development of lower-income housing is
no longer a factor, it is determined that the public good has been
served by providing a realistic opportunity for a fair share of the
region's present and prospective needs for low- and moderate-income
families. It is further determined that upon completion of a development
as above described, the public interest will be best served in the
future by making all relevant provisions of this chapter and the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) applicable to the market
value dwellings in the development.
[Added 7-26-1999 by Ord. No. 10-99]
A.
The applicant shall submit all plans and documents to the Planning Board for site plan review and approval in accordance with Article XX of this chapter and such regulations as may from time to time be enacted in this regard. The Planning Board shall distribute the plans to those agencies required by law to review and/or approve development plans and to such municipal agencies and technical advisors as the Planning Board deems appropriate.
[Amended 9-23-2002 by Ord. No. 02-17]
B.
The Planning Board may, at the cost of the applicant,
refer the application to technical advisors in advance of the public
hearing for comments on the completeness of the application and other
matters, in which case said technical advisors shall report in writing
on the application and the applicant shall be provided a copy of such
comments prior to the public hearing.
C.
The Planning Board shall hold a public hearing in
accordance with N.J.S.A. 40:55D-46.1 on the application. The Planning
Board shall take action on the application within 60 days from the
date of submission of a complete application for preliminary approval.
If subsequent final approval is sought, action on the final plan shall
be taken by the Planning Board within 30 days of the date that a complete
application is submitted.
D.
The applicant is encouraged to submit a concept plan
for informal review by the Board pursuant to N.J.S.A. 40:55D-10.1
prior to the preparation of a preliminary development plan.
E.
The development plans submitted shall contain the information required in Article XX of this chapter, unless the Planning Board waives a particular requirement as being inapplicable or impracticable.
F.
The developer shall formulate and implement a written
affirmative marketing plan acceptable to the Planning Board and conforming
with pertinent Borough regulations, if any, and the provisions of
N.J.A.C. 5:92-15.1 and 5:92-15.2 which plan shall be realistically
designed to insure the persons in eligible lower-income households
are informed of the housing opportunities in the development, feel
welcome to seek to buy or rent such housing, and have the opportunity
to buy or rent such housing.
G.
See also § 165-45F(8) for submission of
proposed deed restrictions.
A.
Permitted uses. The Affordable Housing Agreement dated December 28, 1987, between the Borough of Chatham and Chatham Land, Inc. is incorporated by reference and made part hereof, including the zoning limitations and restrictions set forth therein. (See Addendum 1 to Article VIII attached hereto.)[1]
(1)
Where inconsistent or in conflict with the provisions
of this chapter, said agreement shall prevail, but in all other respects
the use provisions of this chapter shall continue to apply to the
AFD-3 District.
[1]
Editor's Note: The Addendum is on file in
the Borough Clerk's office.
A.
Principal uses.
(1)
Single-family dwellings.
(3)
Townhouses, in AFD-1, AFD-1.1 and AFD-2 only.
[Amended 9-23-2002 by Ord. No. 02-17)
(4)
Public or private parks and playgrounds.
(5)
Public or private recreation buildings and facilities.
(6)
Public utilities.
(7)
In the AFD-2 only, tracts which have a minimum of
five contiguous acres of land which are unconstrained by one-hundred-year
floodplains, freshwater wetlands or areas of slope exceeding a 15%
grade, the following shall apply:
[Added 8-14-1995 by Ord. No. 13-95]
(a)
Garden apartment buildings containing up to
four inclusionary housing units shall be permitted.
(b)
Where the number of affordable housing units
required to be constructed yields a fraction, the number required
shall be rounded down to the nearest whole number.
(c)
The height of each proposed structure, being
not more than 2 1/2 stories or 33 feet, shall be measured from
the preexisting grade as established by a survey certified by a licensed
surveyor.
(8)
Apartment houses in the AFD-1.1 and AFD-4 Districts
only.
[Added 9-23-2002 by Ord. No. 02-17; amended 6-22-2015 by Ord. No. 15-08]
B.
Bulk restrictions.
[Amended 9-23-2002 by Ord. No. 02-17]
(1)
There shall be the following maximum coverage of land
surface:
[Amended 6-22-2015 by Ord. No. 15-08]
|
Building Coverage
|
Total Impervious Coverage
| ||
|---|---|---|---|
|
AFD-1
|
50%
|
75%
| |
|
AFD-1.1
|
35%
|
60%
| |
|
AFD-2
|
35%
|
60%
| |
|
AFD-4
|
50%
|
75%
|
(3)
Spacing requirements.
(a)
There shall be the following minimum spacing
between buildings:
[1]
Front face of one building to the front, rear
or side of another building: 40 feet.
[2]
Rear face of one building to the side face of
another building: 20 feet.
[3]
Side face of one building to the side face of
another building: 20 feet.
[4]
Building face (except garage face) to common
parking area: 10 feet.
(4)
There shall be the following minimum setbacks:
[Amended 9-23-2002 by Ord. No. 02-17; 6-22-2015 by Ord. No. 15-08]
|
AFD-1 and AFD-4
|
AFD-1.1
|
AFD-2
| ||
|---|---|---|---|---|
|
Any building face to front property line
|
25
|
30
|
30
| |
|
Any building face to street curb face or edge
of pavement
|
30
|
35
|
35
| |
|
Any building face to any property side line
|
10
|
10
|
10
| |
|
Parking area or internal roadway to building
face (except garage face) or side line
|
10
|
10
|
10
| |
|
Any building face to any rear property line
|
25
|
25
|
25
|
A.
Building height.
[Amended 9-23-2002 by Ord. No. 02-17; 4-26-2010 by Ord. No.
10-09]
(1)
No
building shall be more than three stories or 42 feet in height in
the AFD-1 District.
(2)
No
building shall be more than three stories, excluding basements used
solely for parking, storage or utilities, nor may such building exceed
40 feet in height, in the AFD-1.1 District and 42 feet in height in
the AFD-4 District.
[Amended 6-22-2015 by Ord. No. 15-08]
(3)
No
building shall be more than 2 ½ stories or 35 feet in height
in the AFD-2 and the AFD-3 Districts.
B.
Parking. Parking shall be provided in strict conformance
with the Residential Site Improvement Standards.
[Amended 9-23 2002 by Ord. No. 02-17]
C.
Entrances. All dwelling units shall for fire safety
have two means of egress to ground level and, except for lower-income
housing, shall have at least two private outside entrances, one of
which shall face the front property line. This provision shall not
apply to dwellings in the AFD-1.1 Zone, as long as the dwellings comply
with the State Construction Code in effect at the time of application
for development.
[Amended 9-23-2002 by Ord. No. 02-17]
D.
Shape of lots. As far as feasible, all lots shall
be of regular shape and four-sided, and all property lines shall be
at right angles and/or parallel.
E.
Basements and attics. No rooms intended for human
habitation shall be located in a basement or attic. However, all buildings
should, where feasible, have basements and attics.
F.
Heat and utilities. Each dwelling unit shall have
its own heating system and shall constitute a separate, independent
unit for metering and all other purposes with respect to all required
utilities and similar conveniences. No common or central laundry facility
shall serve more than one building.
G.
Yards, patios or courts. Each dwelling unit, except
for low- and moderate-income housing units or those in multifamily
dwellings, including apartment houses, shall have at least one individual
private yard area, open patio or court adjoining the unit, said area
to have a width of at least 15 feet and an area of at least 150 square
feet, being effectively screened in order to provide a reasonable
degree of privacy.
[Amended 9-23-2002 by Ord. No. 02-17]
H.
Aesthetic congruity. As far as feasible, buildings,
houses and townhouses containing low- and/or moderate-income housing
shall be aesthetically congruous and composed of like materials in
exterior facade and landscaping with the rest of the development.
I.
Storage space. A storage space with separate access
containing a minimum of 70 square feet of floor area and a minimum
volume of 500 cubic feet shall be provided for each dwelling unit,
except for low- and moderate-income units, said storage space to be
in the basement of the building in which the unit is located, in a
garage serving the unit (but not usurping the ten-by-twenty-foot space
for a vehicle), attached to the unit, or in another accessory building.
J.
Garbage. Adequate, screened space must be provided
for on-site storage of garbage retention until pickup.
K.
Paved Areas. All off-street parking and driveways
shall conform to the Residential Site Improvement Standards.
[Amended 9-23-2002 by Ord. No. 02-17]
M.
Common recreational areas. If in any development there
is any multifamily dwelling, including an apartment house, garden
apartment or townhouse cluster having more than three units, there
shall be in such development at a location convenient to such units
a space of 450 square feet in a usable configuration and location
for play lots or shaded area with benches for the elderly or other
space for recreation which is suitable to the development. In AFD-1.1
only, such area of 450 square feet may be located within a required
side or rear yard.
[Amended 9-23-2002 by Ord. No. 02-17]
O.
Building length. No building, including townhouse
cluster, shall on any one side, whether or not that side is indented
or varied, have a length of more than 200 feet.
P.
Television antennas. There shall be no more than one
television antenna per building or townhouse cluster.
Q.
Laundry facilities. Laundry facilities may be provided
for in each building with dwelling unit(s) and in each townhouse cluster.
No outside clothes drying will be allowed in buildings or townhouse
clusters of more than two dwelling units.
R.
Screening of parking and common facilities. Landscaping
shall be provided as needed to shield parking areas and other common
facilities, including garages and storage area, from the view of adjoining
properties and streets.
S.
Landscaping.
(1)
Provisions shall be made for the preservation of existing
trees and natural features to the extent feasible. The development
shall be landscaped with the following plantings:
(a)
Grass or ground cover over all disturbed areas;
(b)
Shade trees of one and 1.5 to 2.0 caliper at
planting at fifty-foot intervals along all streets and common parking
areas;
(c)
Conifers at least three feet high at planting
in buffer areas that have been disturbed or do not have existing plants
providing adequate screening;
(d)
Shrubs of at least 18 inches high at planting
along the front facade of each building; and
(e)
One additional shade tree of a caliper of 1.5
to two inches at planting or one conifer at least six feet high at
planting for each dwelling unit, said shade tree or conifer to be
planted in common areas or yards, as may be appropriate.
(2)
Choice locations of plantings shall be approved by
the Planning Board, which in so doing may rely upon recommendations
of the Shade Tree Commission. All plantings shall be of nursery stock,
balled and burlapped, and shall be healthy and free of disease.
T.
After completion of any market-value dwelling in any
affordable housing district to the satisfaction of the appropriate
Borough officials, the following shall be applicable to such dwelling:
[Added 7-26-1999 by Ord. No. 10-99]
(1)
All relevant provisions of this chapter and the Municipal
Land Use Law shall henceforth be applicable to such market-value dwelling.
(2)
The owner of any such market-value dwelling shall
have any and all rights to variances and any other relief which can
be granted by the Borough Board of Adjustment or Borough Planning
Board under the provisions of the Municipal Land Use Law and this
chapter.
A.
Any residential development shall comply with the affordable housing set-aside requirement set forth at § 69-4 of this Code.
[Amended 9-23-2002 by Ord. No. 02-17; 6-22-2015 by Ord. No. 15-08; 10-24-2016 by Ord. No. 16-11]
B.
Bedroom distribution.
(1)
All low- and moderate-income housing units contained
within any inclusionary development shall provide a bedroom mix in
accordance with the provisions of N.J.A.C. 5:92-14.1 which are as
follows:
(2)
These requirements shall be subject to any amendments
to such section (N.J.A.C. 5:92-14.1) which may occur from time to
time.
C.
Affordability range. All low- and moderate-income
housing units contained within any inclusionary development which
are offered for sale shall be priced according to the ranges set forth
in N.J.A.C. 5:92-13.2(b) which is as follows:
|
For every 20 low- and moderate-income units:
| ||
|
Low income:
|
1 unit at 40 through 42.5 percent of region's
median income
| |
|
3 units at 42.6 through 47.5 percent of region's
median income
| ||
|
6 units at 47.6 through 50 percent of region's
median income
| ||
|
Moderate income:
|
1 unit at 50.1 through 57.5 percent of region's
median income
| |
|
1 unit at 57.6 through 64.5 percent of region's
median income
| ||
|
1 unit at 64.6 through 68.5 percent of region's
median income
| ||
|
1 unit at 68.6 through 72.5 percent of region's
median income
| ||
|
2 units at 72.6 through 77.5 percent of region's
median income
| ||
|
4 units at 77.6 through 80 percent of region's
median income
| ||
D.
Other regulations. The provisions of Part II, Chapter 69, Affordable Housing, shall apply to any inclusionary development under this Chapter 165, Article VIII.
[Added 6-10-2013 by Ord. No. 13-12[1]]
[1]
Editor’s Note: This ordinance also repealed former Subsection
D, Affordability controls; Subsection E, Initial pricing; Subsection
F, Eligibility; Subsection G, Procedures for resale; and Subsection
H, regarding foreclosure.
