[Added 10-27-1994; amended 11-13-2003]
The purpose of this zone district is to provide certain development bonuses in order to create a realistic opportunity for the developer to contribute to the production of or to construct 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.
A. 
This zone is intended for townhouses, as defined in § 270-8, of which at least 20% must be affordable to lower-income families in accordance with Article XXVIII, Affordable Housing Standards.
B. 
This district shall comprise properties shown as follows on the Borough Tax Map and as further defined by maps prepared by the Borough Engineer and incorporated herein by reference: Block 801, Lots 22, 23 (part) and 31, comprising 20.7 acres, more or less.
Any use other than those listed in § 270-146 is prohibited.
A. 
Density. Maximum density shall be eight units per acre of gross lot area, except that lands upon which construction is not permitted under the New Jersey Freshwater Wetlands Act[1] shall be excluded from lot area for the purpose of calculating density. In lieu of constructing the lower-income units which are required as a set-aside, the developer of any tract comprised of 15 acres or more may make a contribution of $240,000 to the Borough's Affordable Housing Fund as specified in § 270-150. In the event that all units constructed on-site are market rate, the maximum density shall be 6.4 units per acre of gross lot area as defined above but in no event shall more than 25 units be constructed.
[1]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
B. 
Height. Townhouses 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. No building in an inclusionary development shall exceed a maximum of 30 feet in height. In the event that all units constructed on-site are market rate, the maximum building height shall be 35 feet.
C. 
Area. No lot shall be developed with less than two acres in area.
D. 
Yards and setbacks. There shall be a minimum setback of 40 feet from roadways for buildings and parking areas. The minimum setback of buildings from all other property lines shall be 30 feet. 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 20 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 or trees at least six feet high, either alone or in combination with a wire or wooden fence.
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. 
Building requirements, townhouses. Townhouse buildings shall contain a minimum of two and a maximum of six units; shall provide a staggered front wall building offset of at least five feet for each two units; and have not less than two walls with window exposure for each unit. Townhouse buildings within an inclusionary development shall not exceed a maximum of 150 feet in length. In the event that all the units constructed on-site are market rate, the maximum length of townhouse buildings shall not exceed 160 feet.
H. 
Landscaping. Attractive landscape plantings shall be provided and maintained, and existing trees shall be retained wherever possible.
I. 
Roadways. The pavement widths of all internal roadways shall be adequate in size and location to accommodate the maximum anticipated traffic and access for fire-fighting and police vehicles. Minimum paved width shall be 15 feet for a one-way roadway and 25 feet for a two-way roadway. Pavement, curbs and drainage facilities shall be in accordance with Borough specifications. Parking is prohibited within the required roadways.
J. 
Off-street parking. A minimum of two off-street parking spaces shall be provided on the site, no more than 300 feet from the building entrance, for each dwelling unit, except that for units of two bedrooms or more, there shall be an average of one additional space for each five units. Parking spaces shall be set back a minimum of five feet from building walls.
K. 
Lighting. All exterior lighting shall be arranged so as to reflect the light away from all adjoining premises.
L. 
Accessory buildings. Any building used for other than residential purposes shall be set back at least 40 feet from public streets, 50 feet from residential buildings and 30 feet from other property lines.
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[1] of the Borough of Allendale.
[1]
Editor's Note: See Ch. 147, Land Subdivision and Site Plan Review.
A. 
In lieu of constructing the lower-income units which would otherwise have been required in this zone district, the developer shall contribute $240,000 to the Borough's Affordable Housing Fund. Payment of $160,000 shall be made by the developer at the time of the issuance of the first building permit or within nine months of the effective date of approval of the development by the Allendale Planning Board or when required by a regional contribution agreement payment schedule, whichever first occurs. Payment of the balance of $80,000 shall be made by the developer in accordance with the following schedule:
(1) 
Upon completion of 25% of the units: $20,000.
(2) 
Upon completion of 50% of the units: $20,000.
(3) 
Upon completion of 75% of the units: $20,000.
(4) 
Upon completion of 100% of the units: $20,000.
B. 
A unit shall be deemed completed upon issuance of a certificate of occupancy. As a condition of site plan approval, the developer will furnish a guaranty for the payment of $240,000 in a form acceptable to the Borough.
The designation of Block 801, Lots 22, 23 and 31 in § 270-120B (ML-3 Townhouse Zone District) is hereby repealed to the extent of the inconsistency, it being the intent that said block and lots are subject to this ML-5 Zone District.