[Added 1-24-1991]
[Amended 11-13-2003]
The purpose of this zone district is to provide certain development bonuses in settlement of a Mount Laurel action entitled "Jomac Realty, Inc., et al. v. Borough of Allendale" and in consideration of the developer’s agreement to contribute to the production of lower-income housing in satisfaction of Allendale’s affordable housing obligation under N.J.S.A. 52:27D-301 et seq. and N.J.A.C. 5:93.
This zone district is intended for multiple dwellings.
Any use other than those listed in this article is prohibited.
A. 
Density. A total of 59 dwelling units shall be permitted to be constructed in this zone district, all of which shall be market rate. In lieu of constructing the 15 lower-income units which would otherwise have been required, the developer shall make a contribution of $300,000 to the Borough's Affordable Housing Fund as specified in § 270-113.
B. 
Height. No building shall exceed a maximum of three stories or 35 feet in height as measured in accordance with § 270-51, except that nothing in this article shall preclude the lowering of the ground directly adjacent to any garage entrance to an elevation of not more than 40 feet below the highest point of the roof of the building. For purposes of determining the number of stories, a parking level located below the living levels shall not be deemed a story in this zone district.
C. 
Area. No tract in this zone district shall be less than four acres in area.
D. 
Front yard. There shall be a front yard setback of at least 35 feet from the right-of-way of any public street.
E. 
Side yard. There shall be side yard setbacks of at least 50 feet from all residential zone district lines established as of the date of the adoption of this article and at least 25 feet from all other abutting property lines.
F. 
Rear yard. There shall be a rear yard setback of at least 25 feet from any railroad right-of-way.
G. 
Buffer strip. There shall be a buffer strip of at least 10 feet between this zone district and any property used or zoned for residential purposes or any railroad right-of-way. This strip shall be landscaped with a dense planting of evergreen shrubs or trees at least six feet high, either alone or in combination with a wire or wooden fence. The buffer strip may be coincidental with and included within any required setbacks.
H. 
Occupancy of land. Not more than 50% of the land in any tract may be occupied by buildings and paved areas combined.
I. 
Minimum floor area. No dwelling unit shall be constructed unless it shall contain a minimum living area, exclusive of porches, breezeways and garages, as follows:
Number of Bedrooms
Minimum Living Area
(square feet)
1
650
2
900
3
1,000
J. 
Maximum number of bedrooms. The number of bedrooms shall not exceed an average of two per dwelling unit.
K. 
Landscaping. Attractive landscape plantings shall be provided and maintained, and existing trees shall be retained wherever possible.
L. 
Maximum building length. The maximum length of any building shall not exceed 55 feet. Structures which are connected only by balconies shall be considered separate buildings.
M. 
Maximum number of units per building. No building shall contain more than six dwelling units.
N. 
Recreation areas. Five percent of the gross area of any tract shall be set aside for casual recreational use, such as an open grassy area for games and other activities.
O. 
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. The minimum paved width shall be 12 feet for a one-way driveway and 24 feet for a two-way driveway.
P. 
Garages. There shall be at least one enclosed one-car garage for every two dwelling units. No garage entrance shall directly face a public street.
Q. 
Off-street parking. A reserved off-street parking space shall be provided for each dwelling unit which does not have a garage. One additional off-street parking space shall be provided for each dwelling unit. The minimum size of each parking space required shall be nine feet by 18 feet.
R. 
Lighting. All exterior lighting shall be arranged so as to reflect light away from all adjoining premises.
S. 
Accessory buildings. No accessory buildings shall be permitted in this zone district except enclosures for collection of refuse and recyclable materials incidental to the residential use.
Prior to the issuance of any construction permit, the Planning Board shall review and approve a site plan for the entire project in accordance with the Land Subdivision and Site Plan Ordinance of the Borough of Allendale.[1]
[1]
Editor's Note: See Ch. 147, Land Subdivision and Site Plan Review.
In lieu of constructing the 15 lower-income units which would otherwise have been required in this zone district, the developer shall contribute the sum of $300,000 to the Borough's Affordable Housing Fund, representing $20,000 for each of the 15 lower-income units. Payments shall be made by the developer proportionately in accordance with the issuance of certificates of occupancy based on the following schedule:
Percentage of Payment
Percentage of Units Completed
0
25
10
26
50
50
75
75
100
90
--
100