[Added 1-24-1991]
[Amended 11-13-2003; 5-8-2014]
As identified in the Borough of Allendale's Housing Element
adopted December 29, 2008, and granted third round certification by
the Council on Affordable Housing (COAH) on October 14, 2009, the
purpose of the ML-4 Affordable Housing District is to provide for
the development of affordable housing units 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 et seq. The ML-4 District provides an opportunity to
create an attached residential district where each of the dwellings
created will be reserved for low- and moderate-income households,
as that term is defined and applied by COAH. This zone promotes the
purposes of zoning as identified in N.J.S.A. 40:55D-2 et seq., safeguarding
the public health, safety, morals and general welfare by providing,
among others, the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities, and regions and preservation of the environment.
[Amended 5-8-2014]
This zone shall include only the following as a primary intended
use:
Any use other than those listed in § 270-126 is prohibited.
[Amended 5-8-2014]
A.
Density. Maximum density shall not exceed 10 dwelling units per acre
of gross lot area.
B.
Height. No building shall exceed a maximum of 30 feet in height.
Buildings shall not exceed 2 1/2 stories, with "1/2 story" meaning
on the top floor with a sloping roof, such that the habitable floor
area is not more than 1/2 of the area of the story below.
C.
Area. Each lot hereinafter created shall minimally contain 25,000
square feet of lot area.
D.
Yards and setbacks. There shall be a minimum setback of 50 feet from the front yard setback, 10 feet from any side property line and 40 feet from the rear lot line. Parking areas shall be set back a minimum of five feet from such other property lines, subject to the buffer strip requirements of Subsection E below.
E.
Buffer strip. There shall be a buffer strip of at least 10 feet within
the site, along all property lines other than on public streets, adjoining
any property zoned for residential purposes. This strip shall be landscaped
with a dense planting of evergreen shrubs and trees at least six feet
high, either alone or in combination with a wire or wooden fence.
The buffer strip requirement is not applicable if the adjacent property
zoned for residential purposes has been the subject of a deed restriction
limiting the use of said property to park and/or open space or passive
recreation.
F.
Occupancy of land. Not more than 60% of the land area of any one
development site may be occupied by buildings and paved areas combined.
G.
Off-street parking. A minimum of one parking space shall be provided
on site for each special needs residential housing dwelling. Parking
spaces shall be set back a minimum of five feet from building walls.
Not more than half of the number of proposed parking spaces are permitted
to be constructed of grass pavers, approved by both the Borough Fire
Chief and Engineer. This provision is in recognition of the reduced
parking demand inherent in this zone.
H.
All special needs residential housing shall be occupied by qualified
individuals in accordance with N.J.A.C. 8:36.
I.
All special needs residential housing shall at all times be occupied
by low- or moderate-income qualifying individuals. It is the intent
of the Borough that each dwelling in this zone shall be Council on
Affordable Housing creditworthy and all residents occupying dwellings
in this zone will be certified as income-qualified.
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 provisions of the Land Subdivision
and Site Plan Ordinance of the Borough of Allendale.[1]
[1]
Editor's Note: Former § 270-130, Affordable housing
contribution, was repealed 5-8-2014.
