[Added 9-17-2018 by Ord.
No. 18-829]
The Multifamily Affordable Housing Zone requires a 20% affordable
housing set aside for affordable sale units and a 15% affordable housing
set aside for affordable rental units. Affordable housing shall be
provided in accordance with the requirements of the New Jersey Fair
Housing Act, N.J.A.C. 5:80-26.1 et seq., the Uniform Housing Affordability
Controls (UHAC), and the Township's court-approved Affordable Housing
Ordinance.
A. Permitted principal uses.
(2)
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, and community residences for persons with head
injuries, each in accordance with N.J.S.A. 40:55D-66.1.
B. Permitted accessory uses.
(1)
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of §
268-10 and applicable requirements of this section.
(2)
Private recreational facilities for the exclusive use of residents, such as swimming pools, tennis courts, and playgrounds, and customary accessory buildings shall include such buildings as clubhouses, storage buildings, or garages, subject to the provisions of §
268-10 and applicable requirements of this section.
(3)
Signs as permitted in Article
V.
(4)
Driveways and off-street parking as provided in Article
VI.
(5)
Indoor and surface parking for multifamily housing.
(6)
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b.
C. Area, yard, bulk, parking and open space requirements. The following
table identifies the area, yard, bulk, parking and open space requirements
for the Multifamily Affordable Housing Zone:
Description
|
Requirement
|
---|
Minimum tract area
|
23 acres
|
Maximum tract development area
|
16.25 acres
|
Minimum lot width (tract)
|
200 feet
|
Minimum lot depth (tract)
|
600 feet
|
Minimum front yard setback
|
30 feet
|
Minimum side yard setback1
|
30 feet
|
Minimum rear yard setback1
|
30 feet
|
Minimum setback from buildings on site:
|
|
Front to front; front to side; side to side
|
100 feet
|
Rear to rear
|
100 feet
|
Rear to side
|
100 feet
|
Minimum building setback to internal roadway
|
20 feet
|
Maximum building coverage (residential)
|
15%
|
Maximum impervious coverage
|
35%
|
Maximum building height
|
5 stories/55 feet
|
Maximum number of apartments
|
347
|
Maximum gross density of apartments
|
15 dwelling units per acre2
|
Minimum percent set-aside (affordable rental units)
|
15% of all units
|
Minimum percent set-aside (affordable for-sale units)
|
20% of all units
|
Maximum number of townhouses
|
278
|
Maximum gross density of attached/townhouse units
|
12 dwelling units per acre
|
Minimum percent set-aside for attached/townhouse units
|
20% of all units
|
Maximum number affordable units per building
|
20
|
Impervious coverage (parking) setbacks:
|
|
From building
|
15 feet
|
From property line or public street
|
15 feet
|
Parking spaces
|
2 per unit3 Plus 1 visitor space
per 5 dwelling units
|
Two-way drive aisle width
|
24 feet
|
Minimum landscaped perimeter buffer
|
25 feet4
|
Open Space Area - minimum
|
30% developed tract area5
|
NOTES:
|
1.
|
Patios, decks, balconies and fences shall be located within
required building setbacks.
|
2.
|
Density shall be calculated for all lots in the zone to determine
the number of residential apartments that shall be permitted on Lots
247, 320 and 330.
|
3.
|
There shall be a minimum of one garage or underground parking
space per unit.
|
4.
|
Landscaped buffer shall be continuously planted with double
rows of trees 15 feet on center at least eight feet in height at the
time of planting.
|
5.
|
Developed tract area is that portion of the tract upon which
development is situated. Areas in required setbacks and landscaped
buffers may be counted toward the minimum open space area.
|
D. Other requirements.
(1)
Tract development area.
(a)
All residential development and associated improvements shall
be limited to Block 280, Lots 247, 320 and 330.
(b)
An open space management plan shall be submitted for Block 280,
Lots 551.1 and 552, at the time of site plan approval for development
of Lots 247, 320 and 330, which shall be subject to Planning Board
approval at the time of site plan development approval. Lots 551.1
and 552 may be donated to the Township of Cedar Grove as open space
or held by the owner or an open space organization established to
own and maintain such open space, provided the open space is appropriately
deed restricted to ensure its continued maintenance as such.
(c)
The development shall include improved pedestrian trail linkages
to access the West Essex Trail from the development.
(2)
Affordable housing requirements/very-low-, low- and moderate-income
units.
(a)
Except as specifically provided in Subsection
D(2)(c) below, affordable units shall conform to the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"), the "Round 2" regulations adopted by the New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1.1 et seq., the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C.
5:80-26.1 et seq., all other relevant statutes, regulations, and policies,
and the Cedar Grove Township's court-approved Third Round Affordable
Housing Ordinance.
(b)
Affordability average; bedroom distribution. Affordable units
shall be provided in accordance with N.J.A.C. 5:80-26.3, Affordability
average; bedroom distribution.
(c)
Very-low-, low-, and moderate-income housing shall be constructed
and rented in accordance with the New Jersey Fair Housing Act and
the Uniform Housing Affordability Controls ("UHAC") found at N.J.A.C.
5:80-26.1 et seq., including standards for the split between very-low-,
low- and moderate-income housing, except that, consistent with N.J.S.A.
52:27D-329.1, at least 13% of the affordable units shall be very-low-income
units, i.e., affordable to households earning 30% or less of the regional
median household income by household size; and at least 37% of the
affordable units shall be low-income units. The balance of the affordable
units shall be moderate-income units.
(d)
Affordable units shall be affirmatively marketed in accordance
with the affirmative marketing provisions identified at N.J.A.C. 5:80-26.15.
(e)
Controls on affordability. There shall be an income control
period pursuant to N.J.A.C. 5:80-26.11 of at least 30 years, and thereafter
until Cedar Grove takes action to release the controls on affordability,
for all affordable units.
[1] The applicant shall submit a copy of the draft
deed restriction to be placed on the affordable units at the time
of application for site plan approval for Planning Board Attorney
review and approval prior to the Planning Board granting preliminary
site plan approval.
[2] Affordability controls shall be established in
the form of a deed restriction, which shall be approved by the Planning
Board Attorney and recorded with the County Clerk and filed with the
Cedar Grove Municipal Clerk and Cedar Grove municipal housing liaison.
(f)
Affordable units shall be administered by a qualified administrative
agent in accordance with the administrative procedures for affordable
units identified in the UHAC. The developer shall be responsible for
the cost for all aspects of administering the affordable units, including
but not limited to affirmative marketing, income qualification, tenant
placement/purchaser selection, maintenance of controls, etc.
(3)
Site plan review required as set forth under Article
X. An application for site plan approval shall comply with the Township's submission requirements procedures for a site plan application.
(a)
A comprehensive traffic study shall be submitted with the application
for development. This study will include a matrix with estimated projections
for vehicle movements in and out of the facility in each hour of each
day in a typical seven-day week. The projections for each hour will
be built up from separate estimates for ingress and egress, and for
different categories of use. The latter will include, but not be limited
to, residents, deliveries and visitors. Added together, the separate
categories will equal all traffic in and out. The study will also
include background traffic in each direction on the public road servicing
the facility in the same twenty-four-hour, seven-day format. The factual
and analytical basis for all estimates will be explained.
(b)
The Planning Board may use the traffic study to foster proper
design, such as, but not limited to, ingress and egress, and to determine
the applicant's pro-rata share of off-site and off-tract improvements,
if any, that may be required. The Planning Board shall not use the
traffic study to alter the density of sites to be developed with inclusionary
zoning.
(c)
The applicant shall have the option of preparing the traffic
study or choosing a consultant from a list of at least two professionals
(prepared by the municipality) to prepare the studies. If the developer
chooses a consultant from the municipally prepared list, the developer
and municipality shall both rely on the consultant's recommendations.
(4)
Open space.
(a)
Not less than 30% of the developed tract area of a permitted
multifamily development shall be dedicated to common open space areas.
Such space may include required buffers, setback areas, stormwater
management facilities, active recreational areas, as well as natural,
undeveloped areas, and shall be maintained by the owner or a homeowners'
association and appropriately deed restricted.
(b)
Of the tract area dedicated to common open space and recreation
facilities, at least 1/2 (or 15% of the tract area) shall consist
of natural, undeveloped open space, which may include perimeter buffering.
Such buffer areas with predevelopment natural vegetative cover shall
be retained and appropriately protected from root damage during construction,
which shall include drip-line limits of disturbance for trees within
the required buffer, which shall be approved by the Township Engineer
prior to site disturbance.
(5)
Required off-street parking spaces pursuant to the requirements of Article
VI, and specifically restricted as follows:
(a)
No parking area shall be located within 50 feet of a property
line nor between any building or a public road.
(b)
No parking shall be permitted on any access driveway.
(c)
Dwelling units shall each be provided with a minimum of one
garage parking space of at least nine feet by 18 feet.
(d)
Not more than 100 parking spaces shall be provided as surface
parking.
(6)
A landscaped buffer shall be required on any side or rear yard
adjacent to any property used or zoned for lower density residential
purposes. The buffer shall be a minimum of 25 feet in width and shall
be landscaped via massed evergreen trees and/or shrubs having a minimum
height of eight feet at the time of planting. Such buffer areas may
also be required upon site plan review to have walls and/or fences
in order to further screen the multifamily use from surrounding uses
and zones. No building or other structure, parking area, driveway
or storage area shall encroach upon such buffer area.
(7)
Buildings shall conform to the following additional limitations
and requirements:
(a)
All buildings and accessory structures shall be designed with
a unified architectural theme that is visually compatible with the
surrounding area. Said design shall consider such elements as building
materials and colors, facade treatments, rooflines, light fixtures,
and site amenities such as street furniture. All buildings shall have
pitched roofs as an integral component of their design. Exterior building
material colors shall be earth-tone and designed to blend into the
surrounding neighborhood.
(b)
Limitations on size. Buildings exceeding 100 feet in length
shall be interrupted by offset planes not exceeding 100 feet in length.
Each plane shall be recessed or offset by two feet or more. Exterior
finishes shall vary for each offset plane, which shall be subject
to Planning Board approval.
(8)
Telephone and electric lines. There shall not be permitted overhead
telephone and electric transmission lines traversing a lot. Telephone
and electric transmission lines shall be placed at the rear of the
lot. Where this is not practical or possible, overhead transmission
lines may be place alongside the lot line, and service to a building
or group of buildings on a lot from the transmission line shall be
by underground conduit.
(9)
Fire hydrants. Fire hydrants shall be installed in number and
location as directed by the Township Engineer acting upon the advice
of the Chief of the Township Fire Department and the Office of Fire
Prevention, or as required by the New Jersey Residential Site Improvement
Standards.
(10)
Interior roads, access drives, and sidewalks. All road and sidewalk
construction shall be pursuant to the New Jersey Residential Site
Improvement Standards. A grass area of a minimum width of two feet
shall be provided between the sidewalks and interior roads and between
the sidewalks and access drives.
(11)
Recycling. There shall be included within each new multifamily
building an indoor recycling area for the collection and storage of
residentially generated recyclable materials.
(12)
Solid waste. Solid waste collection and storage areas shall
be similarly provided within each multifamily building for the facility,
and may be indoors or outdoors. Outdoor areas shall be enclosed by
a maximum seven-foot-high fence or wall enclosure compatible with
the architectural style of the building, and landscaped as required
by the reviewing board.
(13)
Lighting. Exterior lighting in accordance with §
268-7, with the exception that the maximum height of a fixture shall not exceed 20 feet measured from the ground level to the top of the light source.
(a)
All light fixtures shall be downward directed and side shielded
to prevent direct view of the light source of light fixtures from
off site. The Planning Board shall have the authority to approve the
type and style of light fixtures used, which may be a decorative design,
or shoebox style fixture with a 150° beam spread.
(b)
The lamp of the light fixture shall be sufficiently recessed
to prevent direct view of the light source from off site.
(14)
Landscaping. The overall site design shall include a comprehensive
landscaping plan providing a variety of trees, shrubs, and ground
cover(s) designed to shade parking and recreation areas, reduce stormwater
runoff and soil erosion, offer visual screening, accent and complement
buildings, and soften the lines of paved roadways on the interior
and exterior of the site. The preservation of existing natural features
such as rock outcroppings, woodlands, and topographic elements shall
be an integral part of the site planning process, and, at its discretion,
the reviewing board may waive additional screening requirements where
such features are present within a required buffer area.
[Added 9-17-2018 by Ord.
No. 18-830]
The Multifamily Affordable Housing Inclusionary Overlay (MF-AH-IO)
Zone adds an inclusionary residential development option in addition
to the underlying nonresidential zoning that permits townhouse development
at a gross density of 10 dwelling units per acre including a 20% affordable
housing set-aside; and Multifamily apartments at a gross density of
14 dwelling units per acre including a 15% affordable housing set-aside
if the affordable housing units will be for rent or a 20% affordable
housing set-aside if the affordable units will be for sale. Affordable
housing shall be provided in accordance with the requirements of the
New Jersey Fair Housing Act and N.J.A.C. 5:80-26.1 et seq., the Uniform
Housing Affordability Controls (UHAC).
A. Permitted principal uses.
(1)
Multifamily apartment buildings, including affordable housing
as prescribed above.
(2)
Attached townhouses, including affordable housing as prescribed
above.
(3)
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, and community residences for persons with head
injuries, each in accordance with N.J.S.A. 40:55D-66.1.
(4)
Uses permitted and developed in accordance with the existing
underlying zoning that are in existence as of the date of adoption
of this section, which uses shall be permitted to continue and/or
expand in accordance with the provisions of underlying zoning without
the need for an application for use variance approval from the Zoning
Board of Adjustment as a nonpermitted use, provided that no existing
nonresidential use, even if permitted and conforming to the zoning
as of the date of adoption of this section, shall be permitted to
expand beyond the limits of the tax lot(s) upon which such use is
located as of the date of adoption of this section.
B. Permitted accessory uses.
(1)
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of §
268-10 and applicable requirements of this section.
(2)
Private recreational facilities for the exclusive use of residents, such as swimming pools, tennis courts, and playgrounds, and customary accessory buildings shall include such buildings as clubhouses, storage buildings, or garages, subject to the provisions of §
268-10 and applicable requirements of this section.
(3)
Signs as permitted in Article
V.
(4)
Driveways and off-street parking as provided in Article
VI.
(5)
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b.
C. Area, yard, bulk, parking and open space requirements. All residential development within the Multifamily Affordable Housing Inclusionary Overlay (MF-AH-IO) Zone shall conform in all respects to §
268-25, MF Multifamily Zone, Subsection
C.
D. Affordable housing requirements/very-low-, low- and moderate-income
units.
(1)
Except as specifically provided in Subsection
D(3) below, affordable units shall conform to the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"), the "Round 2" regulations adopted by the New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1.1 et seq., the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C.
5:80-26.1 et seq., all other relevant statutes, regulations, and policies
and the Cedar Grove Township Third Round Affordable Housing Ordinance.
(2)
Affordability average; bedroom distribution. Affordable units
shall be provided in accordance with N.J.S.A. 5:80-26.3, Affordability
average; bedroom distribution.
(3)
Very-low-, low- and moderate-income housing shall be constructed
and rented in accordance with the New Jersey Fair Housing Act and
Uniform Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1
et seq, including standards for the split between very-low-, low-
and moderate-income housing, except that, consistent with N.J.S.A.
52:27D-329.1, at least 13% of the affordable units shall be very-low-income
units, i.e., affordable to households earning 30% or less of the regional
median household income by household size; and at least 37% of the
affordable units shall be low-income units. The balance of the affordable
units shall be moderate-income units.
(4)
Affordable units shall be affirmatively marketed in accordance
with the affirmative marketing provisions identified at N.J.A.C. 5:80-26.15.
(5)
Controls on affordability. There shall be an income control
period pursuant to N.J.A.C. 5:80-26.11 of at least 30 years for all
affordable units and thereafter until Cedar Grove takes action to
release the controls on affordability.
(a)
The applicant shall submit a copy of the draft deed restriction
to be placed on affordable units at the time of application for site
plan approval for Planning Board Attorney review and approval prior
to the Planning Board granting preliminary site plan approval.
(b)
Affordability controls shall be established in the form of a
deed restriction, which shall be approved by the Planning Board Attorney
and recorded with the County Clerk and filed with Cedar Grove Municipal
Clerk and the Cedar Grove municipal housing liaison.
(6)
Affordable units shall be administered by a qualified administrative
agent in accordance with the administrative procedures for affordable
units identified in the UHAC. The developer shall be responsible for
the cost for all aspects of administering the affordable units, including
but not limited to affirmative marketing, income qualification, tenant
placement/purchaser selection, maintenance of controls, etc.
E. Site plan review required as set forth under Article
X. An application for site plan approval shall comply with the Township's submission requirements and procedures for a site plan application.
(1)
A comprehensive traffic study shall be submitted with the application
for development. This study will include a matrix with estimated projections
for vehicle movements in and out of the facility in each hour of each
day in a typical seven-day week. The projections for each hour will
be built up from separate estimates for ingress and egress, and for
different categories of use. The latter will include, but not be limited
to, residents, deliveries and visitors. Added together, the separate
categories will equal all traffic in and out. The study will also
include background traffic in each direction on the public road servicing
the facility in the same twenty-four-hour, seven-day format. The factual
and analytical basis for all estimates will be explained.
(2)
The Planning Board shall use the traffic study to foster proper
design, such as but not limited to ingress and egress, and to determine
the applicant's pro-rata share of off-site and off-tract improvements,
if any, that may be required. The Planning Board shall not use the
traffic study to alter the density of sites to be developed with inclusionary
zoning.
(3)
The applicant shall have the option of preparing the traffic
study or choosing a consultant from a list of at least two professionals
(prepared by the municipality) to prepare the studies. If the developer
chooses a consultant from the municipally prepared list, the developer
and municipality shall both rely on the consultant's recommendations.
F. A landscaped buffer shall be required on any side or rear yard adjacent
to any property used or zoned for nonresidential purposes. The buffer
shall be a minimum of 25 feet in width and shall be landscaped via
massed evergreen trees and/or shrubs having a minimum height of eight
feet at the time of planting. Such buffer areas may also be required
upon site plan review to have walls and/or fences in order to further
screen the multifamily development from surrounding land uses. No
building or other structure, parking area, driveway or storage area
shall encroach upon such buffer area.