[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.
[Amended 9-23-2002 by Ord. No. 02-17; 6-22-2015 by Ord. No. 15-08[1]]
[1]
Editor's Note: This ordinance also amended the title of Art. VIII, which was formerly AFD-1, AFD-1.1, AFD-2 and AFD-3 Affordable Housing Districts.
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.
(2) 
Garden apartments in AFD-1 and AFD-2 only subject to the following restrictions:
(a) 
In AFD-1 for any type of dwelling unit; and
(b) 
In AFD-2 exclusively for low- and moderate-income housing units with no more than three dwelling units per building.
(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. 
Accessory uses and structures.
(1) 
Garages and off-street parking facilities.
(2) 
Storage and maintenance buildings.
(3) 
Customary accessory structures approved as part of the site plan, including fences, walls, lampposts, trellises and the like.
A. 
Density.
[Amended 9-23-2002 by Ord. No. 02-17]
(1) 
AFD-1: not applicable.
(2) 
AFD-1.1: 12.5 dwelling units per developable acre.
(3) 
AFD-2: 10.0 dwelling units per developable acre.
(4) 
AFD-4: 36.0 dwelling units per developable acre.
[Added 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%
(2) 
There shall be the following maximum gross floor area ratio:
(a) 
AFD-1: 100%.
(b) 
AFD-1.1: 100%.
(c) 
AFD-2: 60%.
(d) 
AFD-4: 85%.
[Added 6-22-2015 by Ord. No. 15-08]
(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]
L. 
Article XII provisions. Unless inconsistent herewith, the provisions of Article XII (§ 165-76 et seq.) of this chapter shall apply to affordable housing.
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]
N. 
Minimum floor area. Minimum floor areas for dwelling units shall be:
(1) 
Studio: 450 square feet.
(2) 
One-bedroom: 600 square feet.
(3) 
Two-bedroom: 750 square feet.
(4) 
Three-bedroom: 900 square feet.
(5) 
Four-bedroom: 1,100 square feet.
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:
(a) 
At a minimum, 35% of all low- and moderate-income units shall be two-bedroom units; and
(b) 
At a minimum, 15% of all low- and moderate-income units shall be three-bedroom units; and
(c) 
No more than 20% of all low- and moderate-income units may be studio units.
(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.