[Added 11-13-2003]
The purpose of the ML-6 Zone District is to
create a realistic opportunity for the construction of low- and moderate-income
rental housing pursuant to the Borough of Allendale's affordable housing
obligation pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et
seq., the Substantive Rules of the Council on Affordable Housing,
N.J.A.C. 5:93-1 et seq., relevant mediation agreements entered into
by the Borough of Allendale and the terms of the New Jersey Council
on Affordable Housing's grant of substantive certification of the
Borough's housing element and fair share plan. The district shall
be defined as shown on the Zoning Map and shall be comprised of the
following properties shown on the Borough of Allendale Tax Map: Block
2101, Lots 1, 2, 3, 5, 6, 7 and 8, containing 22.36 acres, more or
less.
The following principal uses and structures
shall be permitted in the ML-6 Zone District:
Permitted accessory uses shall be limited to
those uses customarily incidental to the permitted principal uses
in the district, and in the case of townhouses and apartments, including
but not limited to clubhouses, pools, tennis courts and similar personal
recreation facilities for the exclusive use of the residents and guests
of the development, gatehouses and gates, roadways and other access
and circulation improvements, parking areas, etc.
Single-family detached dwellings shall be subject to the lot, bulk and intensity of use regulations for the A Residence Zone District in § 270-57. Townhouses and apartments located in the same building with townhouse dwellings shall be subject to the following regulations:
A.
Minimum tract area. The minimum tract area shall be
17 acres.
B.
Maximum number of housing units. The number of housing units to be developed in the district shall not exceed 150 units. The developer shall have the option to develop fewer than the maximum permitted housing units, provided that the provisions of § 270-158 are complied with.
C.
Minimum front yard. There shall be provided a front
yard abutting all public streets at least 40 feet in depth, measured
perpendicular to the street right-of-way line. Principal buildings
shall be located at least 20 feet from the traveled way of private
internal streets, roadways, etc.
D.
Minimum side and rear yards. There shall be provided yards at least 30 feet in depth adjacent to all property lines, except for front yards as set forth in Subsection C above.
E.
Maximum height of principal buildings. No building
shall exceed 35 feet in height or 2 1/2 stories. For purposes
of administering this provision, "one-half-story" shall mean the top
floor of a building directly beneath a sloping roof, such that the
habitable floor area is not more than 1/2 of the habitable floor
area of the story below.
F.
Accessory buildings. Accessory buildings and structures
shall comply with the following minimum setback requirements:
G.
Maximum coverage by improvements. Not more than 60%
of the tract area may be occupied by buildings, paved areas and other
improvements. At least 40% of the tract area shall be landscaped or,
in the case of wetlands, wetland transition areas, water bodies or
other undevelopable areas, preserved in a natural condition.
H.
Minimum buffer. There shall be provided a buffer along
all property lines, other than along public streets, which adjoin
any property zoned for residential purposes, regardless of whether
the residential zone is developed for residential use or not. The
buffer shall be designed to effectively screen the view of the ML-6
Zone property from such adjoining residential zone during all seasons.
(1)
The buffer shall be at least 20 feet in depth.
(2)
No improvements shall be permitted within the buffer
other than plantings, berms, walls, fences or a combination of the
foregoing, and when determined necessary by the Planning Board or
Board of Adjustment, as applicable, utility structures, drainage pipes
and related structures, etc., provided that such utility and drainage
structures shall not reduce the effectiveness of the buffer.
(3)
In the event that berms, walls and fences are the
primary method used for screening, plantings shall also be required
within the buffer for aesthetic reasons, as determined by the Planning
Board or Board of Adjustment, as applicable. Plantings shall be provided
between the tract boundary and any walls or fences used for buffers
in order to improve the appearance of the wall or fence from outside
the tract.
(4)
In the event that plantings are the primary method
used for screening, the plantings shall include evergreen shrubs or
trees at least six feet high at the time of planting. Additional plantings
may be included or required, as determined by the Planning Board or
Board of Adjustment, as applicable. The precise type, quantity and
spacing of plantings in the buffer shall be determined as part of
any site plan review required by the Planning Board or Board of Adjustment,
as applicable, as necessary to achieve the intent of this subsection.
(5)
In the event that wetlands or other undevelopable
areas exist in the location of a required buffer, and such areas do
not provide an effective buffer in their natural state, plantings
and/or berms and/or fencing, etc., sufficient to meet the intent of
the buffer, as determined by the Planning Board or Board of Adjustment,
as applicable, shall be required to be provided outside of such undevelopable
areas. The foregoing shall not be construed to require that such additional
plantings, etc., have a minimum depth of 20 feet. The nature and extent
of the buffer in such case shall be determined by the Planning Board
or Board of Adjustment, as applicable, based upon field conditions.
The following other requirements shall apply
to townhouses and apartments located in the same building with townhouse
dwellings:
A.
Minimum distance between buildings. The following
minimum dimensions shall separate principal buildings:
(1)
Front wall facing front wall: 60 feet.
(2)
Front wall facing rear wall: 50 feet.
(3)
Front wall facing end/side wall: 35 feet.
(4)
End/side wall facing end/side wall: 20 feet.
(5)
End/side wall facing rear wall: 30 feet.
(6)
Rear wall facing rear wall: 40 feet.
(7)
In case of uncertainty as to the definition of "front,"
"rear," "end/side" wall or in case the angle of the walls facing each
other make interpretation of the required setbacks uncertain, the
more restrictive of possible interpretations shall apply.
B.
Building design.
(1)
Apartment flat units shall be located in buildings
containing townhouse units. In such buildings containing more than
six total units, a minimum of 40% shall be townhouse units. In such
buildings containing up to six total units, a minimum of 33% shall
be townhouse units. There shall not be more than six buildings in
the development combining apartment flats and townhouse units that
contain six or fewer total units. The number of dwelling units in
buildings containing a combination of townhouses and apartment flats
shall not exceed 10 units, and the facade of such buildings shall
not exceed 200 feet in length.
(2)
Buildings containing townhouses and apartment flats
shall be designed in a manner that does not distinguish between the
exterior design and appearance of apartment and townhouse units. Apartment
flats must be incorporated into the building in a manner consistent
with overall architectural theme of the building and shall emulate
the facade design and treatment of the townhouse units in order to
create the exterior appearance of a townhouse unit. If apartment flats
are stacked one unit over the other, the units must be accessed via
a common interior hallway with a single front and single rear door.
(3)
Buildings containing all townhouse units shall contain
a minimum of two and a maximum of six dwelling units, and the facade
of such buildings shall not exceed 150 feet in length.
(4)
All residential buildings shall provide a staggered
front-wall building offset of at least five feet for each two units;
and shall have not fewer than two walls with window exposure for each
unit. For the purposes of regulating facade articulation pursuant
to this section, stacked apartment flats shall constitute a single
unit.
C.
Landscaping.
(1)
Attractive landscape plantings shall be provided and
maintained.
(2)
Existing trees shall be retained wherever possible.
Removal and preservation of trees shall comply with all applicable
regulations of the Borough of Allendale and any other entity having
jurisdiction.
(3)
Shade trees shall be provided along both sides of
roadways at a ratio of at least one tree for each 30 feet of roadway
center line length (one tree for each 60 feet on each side).
(4)
Shade trees shall be provided within and/or around
the perimeter of parking areas, except driveway parking, at a ratio
of at least one tree for each 10 parking spaces.
D.
Access and circulation. The design of access and circulation
improvements serving development within the ML-6 District shall be
in accordance with the New Jersey Residential Site Improvement Standards
(N.J.A.C. 5:21-1 et seq.), and shall minimize detrimental impacts
to area streets and residential neighborhoods. The following additional
provisions shall apply:
(1)
Location of access. Any development in the ML-6 District
shall provide two means of access; one at Chestnut Street and one
at New Street. Other access locations may be permitted where feasible.
Traffic controls and limitations as to vehicular ingress and egress
at such locations will be determined by the Planning Board or Board
of Adjustment, as applicable, during the course of its site plan review,
as provided by the Municipal Land Use Law, local ordinances and applicable
law. The Board may require traffic studies, as it deems appropriate,
in order to address issues relating to traffic safety and the distribution
and impact of traffic. The site's internal circulation design shall
incorporate measures designed to prevent through traffic by nonresidents,
including but not necessarily limited to entry gates and/or any other
measures deemed appropriate by the Planning Board or Board of Adjustment,
as applicable.
(2)
Private streets. Private streets, roadways and other
means of access shall be designed to comply with all applicable laws,
statutes, rules and regulations.
E.
Parking. The amount and design of on-site parking
shall be provided in accordance with the requirements of the New Jersey
Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).
In addition, the following provisions shall apply:
(1)
Parking areas shall not be located in the front yard
between townhouse or apartment buildings and public streets. Individual
driveways serving townhouses or apartment housing units shall not
have direct access to a public street, but may have direct access
to an internal street, roadway, etc.
(2)
Parking areas shall not be located between townhouse
or apartment buildings and internal streets, roadways, etc., except
that parking spaces in the individual driveways for townhouse and
apartment units located in front of garage doors shall be permitted
in such locations, and furthermore parking areas containing a single
row (i.e., one side of the access aisle only) of up to six spaces
shall be permitted in such locations.
(3)
Parking areas and driveways shall be set back at least five feet from all property lines abutting a nonresidential zone, and at least 20 feet from all other property lines, except as may otherwise be required for buffers as set forth in § 270-156H.
(4)
Parking areas shall be set back at least seven feet
from building walls, except parking spaces in driveways located in
front of garage doors.
(5)
Parking areas shall be set back at least 10 feet from
the traveled way of internal streets, roadways, etc., except that
parking spaces adjacent to the traveled way and which use the traveled
way for direct access to the space shall be exempt from this requirement.
(6)
Parking spaces and private driveways shall be paved
in accordance with the requirements for the same in the New Jersey
Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).
F.
Lighting. All exterior lighting shall be arranged
to direct light away from all adjoining premises.
A.
Minimum number of affordable housing units. Fifteen
percent of the total number of housing units shall be required to
be affordable; provided, however, that at least 20 units shall be
affordable. In order to address this requirement, the developer may
exercise either of the following options, provided that the developer
shall identify which option is selected at the time of filing the
application for land use approvals:
(1)
Construction of all affordable units within the ML-6
Zone District.
(2)
Construction of 12 affordable units within the ML-6
Zone District and payment of a fee in lieu of construction for the
balance of the affordable units, which fee shall be dedicated to fund
a COAH-approved regional contribution agreement for such affordable
units. The required fee in lieu of construction for each unit shall
be the amount required by the Substantive Rules of the New Jersey
Council on Affordable Housing at the time of payment.
B.
Tenure. All affordable housing units constructed within
the ML-6 District or created pursuant to a regional contribution agreement
funded by a fee in lieu of construction within the ML-6 District shall
be required to be rental housing units, as required by the regulations
of the New Jersey Council on Affordable Housing at the time of the
development approval.
C.
Age restriction. No affordable housing units constructed
in the ML-6 District or created pursuant to a regional contribution
agreement funded by a fee in lieu of construction within the ML-6
District shall be age-restricted.
D.
Other. The requirements of Article XXVIII, Affordable
Housing Standards, shall be complied with.
Prior to the issuance of any construction permit,
the Planning Board or Board of Adjustment, as applicable, shall review
and approve a final site plan for the entire project in accordance
with the provisions of the Land Subdivision and Site Plan Ordinance[1] and all other applicable ordinances of the Borough of
Allendale.
