[Added by Ord. No. 86-0-02; amended by Ord. No. 92-0-04; Ord. No. 93-0-22]
Within the ML Zone, no premises, lot, building
or structure shall be used, and no building or structure shall be
erected or altered to be used in whole or in part for any other use,
except the following specified purposes.
The purpose of this article is to establish
a lower income housing zone (ML) of the townhouse or garden apartment
development to be constructed by the Housing Development Corporation
of Bergen County (HDC) or the Borough itself or whoever the Borough
may select or designate as the developer or builder. This article
is being adopted for the purpose of resolution of Norwood Easthill
Associates, et al v. Borough of Norwood, et al, L-24219-83, L-16258-80
and L-00491-83, insofar as the case involves the Borough of Norwood
in accordance with the revised Settlement Agreement dated October
16, 1985, as may be further amended or revised from time to time as
required by the Superior Court of the State of New Jersey and to help
the Borough satisfy the conditions and obligations imposed on it by
the Council on Affordable Housing (COAH). The purposes of this article
constitute the reasons for deviation with the land use plan element
of the Master Plan of the Borough of Norwood in accordance with N.J.S.A.
40:55D-62a.
Multifamily garden apartment, townhouse or condominium
developments shall be permitted in the ML zone in accordance with
the requirements of this article.
A.
Development under the terms of this section shall
be permitted in the ML zone, except:
(1)
Where the bedrock is within four feet of the ground
surface and the topography makes it impossible to construct water
and sewer lines without extensive blasting.
(2)
On slopes in excess of 25%.
(3)
In areas where residential development is prohibited
by state or federal law.
(4)
In areas where residential development would create
a significant danger to public health or safety which cannot reasonably
be substantially ameliorated by actions of the developer or the municipality.
(5)
Within 25 feet of features of unique cultural or historical
significance which cannot be otherwise adequately protected through
site layout and design or other reasonable measures by the developer.
B.
Nothing in this article shall limit the discretion
of any municipal agency to require the reasonable steps to be taken
to ameliorate problems of drainage, soil erosion or other substantial
environmental problems that may be caused by development under the
terms of this article.
C.
Land which may not be developed under this article
may be included in a development under the terms of this article for
purposes of calculating lot coverage, gross density, open space and
setbacks.
[Amended 9-14-2016 by Ord. No. 16:21]
[Amended 9-14-2016 by Ord. No. 16:21]
The following design standards shall apply to
the ML Zone:
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Minimum lot size
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4 acres
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Maximum gross density (dwelling units/acre)
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12.5 units/acre
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Front setback requirement (feet)
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25
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Rear setback requirement (feet)
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20
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Side yard setback (feet)
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10
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Lot coverage
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40 percent
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Maximum building height
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3 stories 40 feet
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Usable open space
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20 percent
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Multifamily developments in the ML Zone shall
provide space in a usable configuration for play lots or a shaded
area for the elderly or other space for recreation which is appropriate
for that development, distributed throughout the development so as
to be convenient to residents.
Street widths, shoulders and rights-of-way shall
be provided as follows:
A.
Paved widths.
(2)
Minor streets:
(a)
Thirty feet for two lanes and parking on two
sides.
(b)
Twenty-two feet for two lanes and parking on
one side or culs-de-sac over 300 feet long.
(c)
Twenty feet for culs-de-sac up to 300 feet long.
(d)
Eighteen feet for short one-way loops serving
up to 15 dwelling units or for culs-de-sac serving five to seven dwellings.
B.
Shoulders. A planted shoulder of at least 8 1/2
feet shall be provided on either side of the paved roadway.
C.
Right-of-way. The total right-of-way to be reserved
shall be computed by adding the shoulder requirement to the paved
roadway width required.
E.
Road gradients. Road gradients shall not be less than
0.5% for any road. The maximum gradient shall be 15% for minor streets
and 10% for collector streets.
F.
Culs-de-sac. Culs-de-sac shall serve a maximum of
25 units or shall not be longer than 1,000 feet, whichever is less.
The paved right-of-way of a cul-de-sac turnaround shall be at least
80 feet in diameter and the right-of-way radius shall not be less
than 50 feet.
A.
There shall be no minimum project size requirement.
B.
There shall be no minimum requirements for dwelling
unit sizes or occupancy-based size requirements, other than contained
in the State Housing Code and Hotel and Multiple Dwelling Law.
C.
There shall be no requirements concerning:
(1)
Architectural uniformity.
(2)
Facade materials or color type.
(3)
Maximum building lengths or staggering of units.
(4)
Mandatory storage areas.
(5)
Enclosed garages.
(6)
Varied building heights or uniform roof lines.
(7)
Separate entrances.
(8)
Superintendent occupancy, except as required in subsidized
projects.
At least 50% of the total number of dwelling units in each development in the Mount Laurel Zone shall be made affordable to and sold or rented to low-income households and the remainder shall be made affordable to and sold or rented to moderate-income households, as defined in Article XI, Affordable Housing Requirements.
The municipality shall take all reasonable steps
to foster development of the units affordable to low- and moderate-income
households in the ML Zone, including but not limited to:
A.
Adoption of such resolutions of need, execution of
payment-in-lieu-of-taxes resolutions or public housing cooperation
agreements with the Bergen County Housing Authority as may be necessary
to facilitate a developer in obtaining public subsidies for the construction
of housing affordable to low- and moderate-income households.
B.
Providing for expedited disposition of site plan applications
and municipal approvals by the developer.
C.
Cooperation with the developer in securing sewage
and water connections.
D.
Cooperation with the needs of the developer and the
requirements of relevant state and federal agencies concerning the
administration of resale price controls.
A parcel of land lying in the Borough of Norwood
described as follows:
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Being known and designated as Lot 1, Block 177
and portions of Lot 1, Block 176 and Lot 7, Block 167 and a portion
of Grant Avenue in the Borough of Norwood, Bergen County, New Jersey
and being more particularly described as follows:
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Beginning at the point formed by the intersection
of the southerly sideline of Williams Avenue and Feitner Street running;
thence
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1.
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Southerly, along the said westerly sideline
of Feitner Street 285 feet more or less to a point therein; thence
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2.
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Westerly by a new line through Lot 1.01, Block
176 and Lot 7.01, Block 167, parallel with the said southerly sideline
of Williams Avenue, 727 feet more or less to the easterly sideline
of McClellan Street; thence
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3.
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Northerly, along the various courses of the
said easterly sideline of McClellan Street 351 feet more or less to
the southerly sideline of Williams Avenue produced westerly; thence
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4.
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Easterly, along the said southerly sideline
of Williams Avenue, parallel with the second course herein, 528 feet
more or less to the said westerly sideline of Feitner Street and the
point of Beginning.
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Contains 4.02 acres more or less.
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