[Added 3-14-2006 by Ord. No. 2006-1]
A. Purpose. To provide an appropriate and realistic mechanism
to meet the Borough-established first and second round and 200 rehabilitation
requirement of affordable housing, as established by the Council on
Affordable Housing.
B. Conflict in requirements. The requirements of the remaining provisions of Chapter
389 apply to the AHO Overlay Zone except where those requirements conflict with this section. In the event of such a conflict, the terms of this §
389-54 shall prevail.
C. The Affordable Housing Overlay Zone (AHO) is located
on the following specific sites within the Borough:
[Amended 12-17-2019 by Ord. No. 2019-20; 3-17-2020 by Ord. No. 2020-03; 6-20-2023 by Ord. No. 2023-15]
(2) Block
25, Lots 2, 4, 4.01, 4.02, 4.03, 5, 6, 7, 8, 9, 10, 11, 12, 13, and
14.
D. Permitted uses. The following uses are permitted within the Affordable Housing Overlay Zone, all of which must contain affordable housing in accordance with this §
389-54:
E. Development standards. The following bulk standards
are applicable within the Affordable Housing Overlay Zone:
(1) Minimum lot size: 20,000 square feet.
[Amended 6-20-2023 by Ord. No. 2023-15]
(2) Maximum density: 25 units per acre.
[Amended 3-26-2009 by Ord. No. 2009-05; 6-20-2023 by Ord. No. 2023-15]
(3) Front yard setback: 20 feet.
[Amended 6-20-2023 by Ord. No. 2023-15]
(4) Side yard setback: 10 feet each.
(5) Rear yard setback: 20 feet.
[Amended 6-20-2023 by Ord. No. 2023-15]
(7) Maximum building coverage: 40%.
(8) Maximum impervious surface coverage: 70%.
(9) Maximum building height: 35 feet/three stories.
F. Parking. The following parking requirements are applicable
to the AHO Overlay Zone:
(1) Parking space size and number requirements shall be
in compliance with the New Jersey Residential Site Improvement Standards
(RSIS).
(2) No parking shall be permitted in the front yard.
(3) Underground/under building parking shall be permitted.
(4) Parking shall be permitted in the side and rear yards
only. All parking must be located 10 feet from any side yard property
line and five feet from any rear yard property line.
(5) All perimeter open space surrounding a parking lot
must be densely landscaped with year-round screening materials, including
but not limited to evergreen shrubs.
G. Affordable housing requirements. All development in
Affordable Housing Overlay Zone shall provide for affordable housing
in accordance with the following requirements:
(1) Twenty percent of the total number of approved units
shall be set aside for occupancy by low- and moderate-income households
as defined by COAH.
(2) All affordable housing developments shall comply with
the terms and conditions of the Uniform Housing Affordability Controls
regulations as promulgated by COAH and currently set forth in N.J.A.C.
5:80-26.1 et seq., as same may be amended and supplemented from time
to time.
(3) Pursuant to N.J.A.C. 5:80-26.14, the Borough of East
Rutherford hereby elects to serve as the administrative agent for
all restricted units in the municipality. The Borough designates the
Borough Clerk as its designated municipal employee for such purpose.
A. Purpose. To create a mixed residential overlay zone
that provides for a variety of housing types to meet the needs of
the Borough residents. This overlay zone will provide both market
rate and affordable housing units, as defined by the Council on Affordable
Housing, for senior citizens. As part of an integrated community,
non-age-restricted townhouse development is contemplated to bring
diversity of housing to the district. To accomplish the creation of
affordable senior citizen housing, this zone proposes a density bonus
for such housing.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
SENIOR CITIZEN HOUSING
Housing designed and constructed as an age-restricted project
where at least one resident of any one unit must be 62 years or over;
or a husband or wife, regardless of age, residing with his or her
spouse, provided the spouse of such person is 62 years or over; or
the child or children residing with a permissible occupant, providing
the child or children are of the age of 19 or older; or the individual
or individuals, regardless of age, residing with and providing physical
or economic support to the permissible occupant.
C. Conflict in requirements. The requirements of the remaining provisions of Chapter
389 apply to the Mixed Residential Overlay Zone except where those requirements conflict with this section. In the event of such a conflict, the terms of this §
389-54 shall prevail.
D. The Mixed Residential Overlay Zone is located on the
following specific site within the Borough:
(1) Block 29, Lot 3, presently zoned Industrial, total
size 4.79 acres.
E. Permitted uses. The following uses are permitted within
the Mixed Residential Overlay Zone:
(1) Senior citizen multifamily residential.
(4) Uses of land and buildings by the Borough for government
purposes.
F. Development standards. The following bulk standards
are applicable within the Mixed Residential Zone:
(1) Residential uses.
(a)
Minimum lot size: 3.5 acres.
(b)
Maximum density: 20 units/acre.
[Amended 3-26-2009 by Ord. No. 2009-05]
(c)
Density bonus for affordable senior citizen
housing units: 12 units/acre.
(d)
Minimum setback from all property lines: 10
feet.
(e)
Maximum building coverage: 40%.
(f)
Maximum impervious surface coverage: 70%.
(h)
Maximum building height (stories/feet): three
stories/35 feet.
(2) Public and/or government purpose uses.
(a)
Minimum lot size: one acre.
(b)
Minimum setback from right-of-way: 10 feet.
(c)
Minimum setback from interior property lines:
five feet.
(d)
Maximum building coverage: 40%.
(e)
Maximum impervious surface coverage: 85%.
(g)
Maximum building height: 45 feet.
G. Parking. The following parking requirements are applicable
to the residential uses in the Mixed Residential Overlay Zone:
(1) Parking space size and number requirements, unless
otherwise specified, shall be in compliance with the New Jersey Residential
Site Improvement Standards (RSIS).
(2) No parking shall be permitted in the required setback
from the property line.
(3) Underground/under building parking shall be permitted.
(4) All townhouse/duplex residences shall have at least
one garage space and one driveway space for each unit.
(5) Parking for the affordable senior citizen housing
development shall be one space per two units. Parking for the market
rate senior citizen housing development shall be one space per each
unit.
(6) All perimeter open space surrounding a parking lot
must be densely landscaped with year-round screening materials, including
but not limited to evergreen shrubs.
H. Affordable housing requirements. All development in
the Mixed Residential Overlay Zone shall provide for affordable housing
in accordance with the following requirements:
(1) One hundred percent of the 40 designated affordable
senior citizen units shall be affordable to low- and moderate-income
households as defined by COAH.
(2) Affordable housing developments shall comply with
the terms and conditions of the Uniform Housing Affordability Controls
regulation as promulgated by COAH and currently set forth in N.J.A.C.
5:80-26.1 et seq., as same may be amended and supplemented from time
to time.
(3) Pursuant to N.J.A.C. 5:80-26.14, the Borough of East
Rutherford hereby elects to serve as the administrative agent for
all restricted units in the municipality. The Borough designates the
Borough Clerk as its designated municipal employee for such purpose.
[Added 6-21-2011 by Ord. No. 2011-08]
A. Purpose. To provide an appropriate and realistic mechanism to promote
the creation of affordable housing when vacant properties are developed
or existing developed sites are redeveloped.
B. Conflict in requirements. The requirements of the remaining provisions of Article
IX apply to the AHO-B Overlay Zone except where those requirements conflict with this section. In the event of such a conflict, the terms of this section shall prevail.
C. Zones. The Affordable Housing Overlay Zone B (AHO-B) is located on
the following specific lots in the Borough: Block 26, Lots 1 and 2.
D. Permitted uses. The uses permitted within the Affordable Housing Overlay Zone B shall be those listed in §
389-54D.
E. Development standards. The following bulk standards are applicable
within the Affordable Housing Overlay Zone B:
(1) Minimum lot area: seven acres.
(2) Maximum market rate density: 27.5 units per acre.
(3) Affordable housing bonus density: In addition to the maximum market
rate density, such number of affordable housing units required by
law, not to exceed 20% of the market rate units.
(4) Minimum building setback, street right-of-way: 15 feet.
(5) Minimum building setback, lot line not coterminus with street right-of-way:
15 feet.
(6) Minimum distance between buildings: 30 feet.
(7) Maximum impervious coverage: 75%.
(8) Maximum building coverage: 35%.
(9) Maximum building height, residential units without parking underneath:
four stories above ground level/45 feet.
(10)
Maximum building height, residential units above ground-level
parking: four stories above ground-level parking/55 feet.
F. Parking. The parking requirements in §
389-54F apply to the AHO-B Overlay Zone.
G. Affordable housing requirements. All development in the Affordable Housing Overlay Zone B shall provide for affordable housing in accordance with §
389-54G.
[Added 12-17-2019 by Ord.
No. 2019-21]
A. Purpose. To permit the development of an inclusionary multifamily
residential development in which a certain proportion of dwelling
units are set aside for occupancy by low- and moderate-income households.
B. Conflict in requirements. The requirements of the remaining provisions of Chapter
389 apply to the Affordable Housing Overlay Zone C (AHO-C) except where those requirements conflict with this section. In the event of such a conflict, the terms of this §
389-57 shall prevail.
C. The AHO-C Overlay Zone is located on the following specific sites
within the Borough:
(1) Block 6, Lot 12, presently zoned Industrial, total size 6.22 acres.
(2) Block 8, Lot 10, presently zoned Industrial, total size 3.6 acres.
D. Permitted uses. The following uses are permitted within the AHO-C Overlay Zone, all of which must contain affordable housing in accordance with this §
389-57:
E. Development standards. The following bulk standards are applicable
within the AHO-C Overlay Zone:
(1) Minimum lot size: 3.5 acres.
(2) Maximum density: 20 units per acre.
(3) Front yard setback: 25 feet.
(4) Side yard setback: 10 feet each.
(5) Rear yard setback: 25 feet.
(7) Maximum building coverage: 40%.
(8) Maximum impervious surface coverage: 70%.
(9) Maximum building height: 35 feet/three stories.
F. Parking. The following parking requirements are applicable to the
AHO-C Overlay Zone:
(1) Parking space size and number requirements shall be in compliance
with the New Jersey Residential Site Improvement Standards (RSIS).
(2) No parking shall be permitted in the front yard.
(3) Underground/under building parking shall be permitted.
(4) Parking shall be permitted in the side and rear yards only. All parking
must be located 10 feet from any side yard property line and five
feet from any rear yard property line.
(5) All perimeter open space surrounding a parking lot must be densely
landscaped with year-round screening materials, including but not
limited to evergreen shrubs.
G. Affordable housing requirements. All development in AHO-C Overlay
Zone shall provide for affordable housing in accordance with the following
requirements:
(1) All developments within the AHO-C Overlay Zone shall provide dwelling
units which qualify for credit as low- and moderate-income housing
per the requirements of New Jersey's Fair Housing Act and which meet the income, bedroom distribution and other
requirements of the Uniform Housing Affordability Controls (N.J.S.A.
5:80-26.1 et seq.), in the following minimum percentages:
(a)
Rental projects: 15% of the total units.
(b)
For-sale projects: 20% of the total units.
(2) At least 13% of the affordable units shall be very-low-income units,
as mandated by the Fair Housing Act.
(3) The developer shall utilize the Borough's administrative agent or
Borough-approved administering the low- and moderate-income income
units for the lifetime of the deed restriction. This shall include
the initial rental/sale of the unit and the ongoing compliance.
H. Other requirements. Development in the AHO-C Overlay Zone shall also
comply with the following requirements:
(1) Landscape buffer. A landscaped buffer shall be provided along the
site's perimeter; 25 feet in width along the entire Madison Street
frontage and 10 feet along the side and rear property lines. The buffer
shall be planted with grass, perennial and annual flowering plants,
deciduous and evergreen trees, shrubs and all other landscape material
and treatments as required by the Planning Board and Shade Tree Committee.
No retaining walls shall be located within the buffer. Site-identifying
signage and driveways perpendicular to the buffer may encroach into
the buffer.
(2) Mechanical equipment. Any rooftop mechanical equipment, inclusive
of solar equipment, shall be concealed within the roof of the building
so it is not visible from all vantage points at-grade or below the
roof. Any ground-mounted mechanical equipment shall be screened appropriately.
(3) Architectural design guidelines.
(a)
Primary materials for buildings shall be brick, wood, HardiePlank® panels or similar fiber cement siding, stone,
precast and cast stone and manufactured stone, and glass. No more
than three different primary materials shall be used on each building
facade.
(b)
Within the primary materials, variations in colors, texture
and pattern may be employed to further break up the mass or bulk of
a building. The architectural treatment of the front facade shall
be continued in its major features around all visibly exposed sides
of a building.
(c)
Fenestration shall be architecturally compatible with the style,
materials, colors and details of the building. Windows shall be vertically
proportioned.
(d)
All entrances to a building shall be defined and articulated
by architectural elements such as lintels, pediments, pilasters, columns,
porticoes, porches, overhangs, railings, etc. Buildings shall avoid
long, monotonous, uninterrupted walls or roof planes.
(e)
Building wall offsets, including projections such as canopies
and recesses, may also be used in order to add architectural interest
and variety and to relieve the visual effect of a simple, long wall.
(f)
Similarly, in the case of a pitched roof, roofline offsets,
dormers or gables shall be provided in order to provide architectural
interest and variety to the massing of a building and to relieve the
effect of a single, long roof.