[Added 4-11-1985[1]]
[1]
Editor's Note: This article also repealed
former Article XVIB, OR Office and Research Zone District.
[Amended 9-25-1986]
See § 270-8.
A.
This zone district is intended for the principal uses
permitted in the E Industrial Zone District, excluding indoor physical
fitness facilities, and for multiple-dwelling buildings providing
housing accommodations for low- and moderate-income families to comply
with the provisions of the New Jersey Supreme Court decision commonly
referred to as Mount Laurel II. The regulations and controls contained
in this article shall be interpreted to assure the construction of
lower-income housing which meets the standards and guidelines set
forth in Mount Laurel II.
[Amended 4-10-2006]
B.
Such multiple-dwelling use shall be restricted to
a portion of the EM Zone District at its south end containing 5.4
acres, more or less, and described as follows:
(1)
Beginning at the northwesterly corner of Lot 10 in
Block 702 as shown on the current Tax Map of the Borough of Allendale
and running; thence,
(a)
Southwesterly along the division line between
Lots 10, 9 and 8 in Block 702 to a point; thence,
(b)
Northwesterly running parallel to the northerly
line of Lots 7.1, 7, 6.1, 6 and 5 in Block 702, and 50 feet northerly
measured at right angles therefrom, to the easterly line of Lot 4
in Block 702; thence,
(c)
Northeasterly along the easterly line of Lot
4 in Block 702 to a point; thence,
(d)
Southeasterly running parallel to the division
line between Lots 8 and 14 in Block 702, and 140 feet southerly measured
at right angles therefrom, to a point which is on a line from the
northwesterly corner of Lot 10 in Block 702, said line being perpendicular
to the northerly line of Lot 10 in Block 702; thence,
(e)
Southwesterly along said line to the point or
place of beginning.
Any use other than those listed in § 270-98 is prohibited.
A.
For nonresidential uses permitted under this chapter, all standards and requirements shall be as specified for the E Industrial Zone District (Article XVI).
[Amended 4-10-2006]
B.
For multiple-dwelling uses permitted in § 270-98, requirements are as follows:
(2)
Height. No building or structure shall exceed a maximum
of three stories or 35 feet in height.
[Amended 7-13-1995]
(3)
Area. Minimum lot size in this EM Mixed Zone District
shall be five acres. At least 60 dwelling units shall be constructed
pursuant to this article on a five-acre tract.
(4)
Yards and setbacks. Minimum building setbacks from
property lines and zone lines shall be 50 feet.
(5)
Buffer strip. There shall be a buffer strip of at
least 75 feet, located within the EM Zone District, adjoining any
single-family residential zone. This strip shall be landscaped and
planted with evergreens at least six feet in height throughout its
entire length and shall be so maintained. This planting shall be so
located with sufficient density as to screen from view any building
located on said plot from any contiguous residential zone district,
subject to the approval of the Planning Board. Any existing growth
in such buffer strip shall be preserved if such existing growth supplements
the desired screening effect. The Planning Board may, upon a finding
of reasons therefor, permit a portion of a buffer strip to be used
as a driveway to provide access to and from adjacent premises. This
buffer strip may be coincidental with and include any other setback
requirements in this article.
(6)
Building separation. There shall be a separation of
at least 40 feet between adjacent multiple-dwelling buildings.
(7)
Maximum building length. The maximum length of any
multiple-dwelling building shall not exceed 150 feet.
(8)
Occupancy of land. Not more than 50% of the land may
be occupied by buildings and paved areas combined.
(9)
Recreation areas. At least 5% of the gross site area
as designated for multiple-dwelling use shall be set aside for casual
recreational use, such as an open grassy area for games and other
activities.
(10)
Landscaping. Attractive landscape plantings
shall be provided and maintained, and existing trees shall be retained
wherever possible.
(11)
Driveways. The right-of-way and pavement widths
of all internal driveways shall be adequate in size and location to
accommodate the maximum anticipated traffic and access of fire-fighting
and police vehicles. Minimum paved width shall be 12 feet for a one-way
driveway and 20 feet for a two-way driveway.
(12)
Off-street parking and garages. There shall be at least two off-street parking spaces provided for each multiple-dwelling unit. The size of a parking space required under this subsection shall be a minimum of nine feet by 18 feet, notwithstanding the requirements of § 270-43 of this chapter.
(13)
Lighting. All exterior lighting shall be arranged
so as to reflect the light away from all adjoining premises.
C.
If the construction of multiple dwellings on the site designated in § 270-98 is not feasible due to the physical characteristics of the property, such as being located in a designated wetlands area, as determined by the Borough or a governmental agency vested with such jurisdiction, the developer shall make a monetary contribution to a Housing Trust Fund to be established by the Borough for the purpose of constructing or rehabilitating low and moderate income housing units elsewhere in the Borough or, up to a maximum proportion as permitted for the Borough by the New Jersey Council on Affordable Housing, elsewhere in Bergen, Passaic or Hudson Counties. For such contribution of funds, requirements are as follows:
[Added 6-25-1987]
(1)
The amount of this contribution shall be $10,000 for each of the 60 dwelling units required under § 270-100, or a total of $600,000. However, to the extent that portions of additional lots within the industrial subdivision to be developed in this EM Zone are determined to be undevelopable due to physical conditions such as being located in a designated wetlands area, this contribution shall be reduced in proportion to the loss in building area in comparison with the total industrial building area in the zone.
(2)
For the portions of this contribution which are made
after 1987, the amounts shall be adjusted downward in proportion to
increases in the uncapped Section 8 income limits published by the
Department of Housing and Urban Development, or other recognized standard
for low and moderate income limits adopted by the Council on Affordable
Housing, and shall be adjusted upward in proportion not to exceed
50% of increases in the Housing Cost Index applying to Bergen County
as published by the Bureau of Labor Statistics.
(3)
The contributions shall be scheduled according to
the proportion of building area where industrial buildings are completed
and are granted a certificate of occupancy as against the total area
of all industrial buildings in accordance with the following schedule:
|
Minimum Percentage of Building Area With
Completed Industrial Buildings
|
Percentage of Housing Contribution
|
|---|---|
|
25
|
0
|
|
26
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
|
100
|
--
|
A.
Timing of development and implementation.
(1)
Within the EM Zone District as a whole, the timing
of development of residential and nonresidential uses shall be as
follows:
|
Nonresidential Development
(acres)
|
Residential Development
(dwelling units)
|
|---|---|
|
0 to 33%
|
0%
|
|
Over 33%
|
20%
|
|
Over 50%
|
50%
|
|
Over 75%
|
100%
|
(2)
The residential development specified shall be completed
at the time of commencement of nonresidential development in the corresponding
category.
B.
Unit size. No more than 60% shall be one-bedroom or
efficiency units.
C.
Eligibility standard.
(1)
One-half of all lower-income units shall meet Department
of Housing and Urban Development (HUD) Section 8, or other assisted
housing programs, eligibility requirements for very low income, and
1/2 shall meet HUD eligibility requirements for lower income (Mount
Laurel II Low and Moderate Income).
(2)
The applicant may substitute alternate comparable
standards (other than HUD) where appropriate and to the satisfaction
of the Mayor and Council.
(3)
The developer shall agree not to impose age restrictions
upon the occupants of any low- and moderate-income unit, except as
to publicly subsidized senior citizen housing.
E.
Subsidies. Government subsidies may be used, at the
discretion of the applicant, to fulfill the requirements of this action.
The lack of said subsidies shall in no way alter or diminish the lower-income
requirements of this article.
F.
Resale and rental of lower-income housing.
(1)
All lower-income dwelling units within this EM Mixed
Zone District shall be required to have covenants running with the
land to control the resale price of for-sale units or to employ other
legal mechanisms which shall be approved by the Mayor and Council
and will, in their opinion, ensure that such housing will remain affordable
to persons of lower income.
(2)
The owner of all rental units shall provide legal
documentation to be approved by the Borough Attorney to assure that
rental units will remain affordable to persons of lower income.
(3)
In the event that no low-income purchaser is found
within 60 days after the unit is listed for sale with a realtor and
the Housing Administrator (see next subsection) is notified, in writing,
of such listing, the low-income unit may be sold to a moderate-income
purchaser or, if none is available, to any interested purchaser. Proof
of the attempt to sell shall be submitted to and shall be satisfactory
to the Housing Administrator. Resale controls shall remain in effect
for any subsequent resales.
(4)
The Borough and the applicant may develop reasonable
qualifications for occupants of lower-income housing. Borough residents
and employees shall have first priority over all lower-income housing
for a period not to exceed 30 business days from the time such units
are listed for sale or resale or made available for rent. Selection
procedures shall be directed and administered by a Borough official
appointed each year as the Housing Administrator by the Borough's
Governing Body. The Borough's Governing Body may arrange for third-party
administration of resale and tenant selection of lower-income housing.
(5)
The developer shall formulate and implement a written
affirmative marketing plan acceptable to the Mayor and Council. The
affirmative marketing plan shall be realistically designed to ensure
that lower-income persons of all races and ethnic groups are informed
of the housing opportunities in the development, feel welcome to seek
or buy or rent such housing and have the opportunity to buy or rent
such housing. It shall include advertising and other similar outreach
activities.
(6)
Sales prices and rents may be increased in accordance
with the annual Metropolitan New York Regional Consumer Price Index
for Housing of the Department of Labor, plus reimbursements for documented
monetary outlays for reasonable improvements and reasonable costs
incurred in selling or renting the unit. After 25 years, all such
units may be sold or rented without restrictions.
(7)
Rental units may be converted to condominium units
after 15 years, but any sale of condominium units shall be restricted
to persons meeting moderate-income eligibility standards. After 25
years from the date of the issuance of the initial certificate of
occupancy, including both rental and condominium occupancy, all such
units may be sold or rented without restriction.
A.
Prior to the issuance of any construction permit,
the Planning Board shall review and approve a conceptual site plan
or preliminary subdivision plan, whichever shall be applicable for
the entire project in accordance with the Land Subdivision and Site
Plan Ordinance of the Borough of Allendale.[1] The Planning Board shall also review and approve the provisions
made for low- and moderate-income housing.
B.
Prior to the issuance of any construction permit,
the developer shall enter into an agreement with the Borough, which
agreement shall be in recordable form and shall be treated and deemed
to be a covenant or restriction pertaining to the land which is being
developed, which agreement shall describe the projected development
for the entire tract and specifically the multiple-dwelling portion
thereof. This agreement shall specify, as closely as possible, the
anticipated time schedule and shall recite the developer's assumption
for himself or his assigns of responsibility for the construction
of the multiple-family housing provided for in the agreement in accordance
with the terms of this article.
