Beginning at the northwesterly corner of Lot 10 in Block 702 as shown on the current Tax Map of the Borough of Allendale and running; thence,

Density. The maximum density shall be 12 dwelling units per acre.[1]

Height. No building or structure shall exceed a maximum of three stories or 35 feet in height.

Area. Minimum lot size in this EM Mixed Zone District shall be five acres. At least 60 dwelling units shall be constructed pursuant to this article on a five-acre tract.

Yards and setbacks. Minimum building setbacks from property lines and zone lines shall be 50 feet.

Buffer strip. There shall be a buffer strip of at least 75 feet, located within the EM Zone District, adjoining any single-family residential zone. This strip shall be landscaped and planted with evergreens at least six feet in height throughout its entire length and shall be so maintained. This planting shall be so located with sufficient density as to screen from view any building located on said plot from any contiguous residential zone district, subject to the approval of the Planning Board. Any existing growth in such buffer strip shall be preserved if such existing growth supplements the desired screening effect. The Planning Board may, upon a finding of reasons therefor, permit a portion of a buffer strip to be used as a driveway to provide access to and from adjacent premises. This buffer strip may be coincidental with and include any other setback requirements in this article.

Building separation. There shall be a separation of at least 40 feet between adjacent multiple-dwelling buildings.

Maximum building length. The maximum length of any multiple-dwelling building shall not exceed 150 feet.

Occupancy of land. Not more than 50% of the land may be occupied by buildings and paved areas combined.

Recreation areas. At least 5% of the gross site area as designated for multiple-dwelling use shall be set aside for casual recreational use, such as an open grassy area for games and other activities.

Landscaping. Attractive landscape plantings shall be provided and maintained, and existing trees shall be retained wherever possible.

Driveways. The right-of-way and pavement widths of all internal driveways shall be adequate in size and location to accommodate the maximum anticipated traffic and access of fire-fighting and police vehicles. Minimum paved width shall be 12 feet for a one-way driveway and 20 feet for a two-way driveway.

Off-street parking and garages. There shall be at least two off-street parking spaces provided for each multiple-dwelling unit. The size of a parking space required under this subsection shall be a minimum of nine feet by 18 feet, notwithstanding the requirements of § 270-43 of this chapter.

Lighting. All exterior lighting shall be arranged so as to reflect the light away from all adjoining premises.

The amount of this contribution shall be $10,000 for each of the 60 dwelling units required under § 270-100, or a total of $600,000. However, to the extent that portions of additional lots within the industrial subdivision to be developed in this EM Zone are determined to be undevelopable due to physical conditions such as being located in a designated wetlands area, this contribution shall be reduced in proportion to the loss in building area in comparison with the total industrial building area in the zone.

For the portions of this contribution which are made after 1987, the amounts shall be adjusted downward in proportion to increases in the uncapped Section 8 income limits published by the Department of Housing and Urban Development, or other recognized standard for low and moderate income limits adopted by the Council on Affordable Housing, and shall be adjusted upward in proportion not to exceed 50% of increases in the Housing Cost Index applying to Bergen County as published by the Bureau of Labor Statistics.

The contributions shall be scheduled according to the proportion of building area where industrial buildings are completed and are granted a certificate of occupancy as against the total area of all industrial buildings in accordance with the following schedule:

Within the EM Zone District as a whole, the timing of development of residential and nonresidential uses shall be as follows:

The residential development specified shall be completed at the time of commencement of nonresidential development in the corresponding category.

One-half of all lower-income units shall meet Department of Housing and Urban Development (HUD) Section 8, or other assisted housing programs, eligibility requirements for very low income, and 1/2 shall meet HUD eligibility requirements for lower income (Mount Laurel II Low and Moderate Income).

The applicant may substitute alternate comparable standards (other than HUD) where appropriate and to the satisfaction of the Mayor and Council.

The developer shall agree not to impose age restrictions upon the occupants of any low- and moderate-income unit, except as to publicly subsidized senior citizen housing.

Rental units: rent, excluding utilities.

Sales units: principal and interest, insurance, taxes and condominium or homeowner's association fees.

All lower-income dwelling units within this EM Mixed Zone District shall be required to have covenants running with the land to control the resale price of for-sale units or to employ other legal mechanisms which shall be approved by the Mayor and Council and will, in their opinion, ensure that such housing will remain affordable to persons of lower income.

The owner of all rental units shall provide legal documentation to be approved by the Borough Attorney to assure that rental units will remain affordable to persons of lower income.

In the event that no low-income purchaser is found within 60 days after the unit is listed for sale with a realtor and the Housing Administrator (see next subsection) is notified, in writing, of such listing, the low-income unit may be sold to a moderate-income purchaser or, if none is available, to any interested purchaser. Proof of the attempt to sell shall be submitted to and shall be satisfactory to the Housing Administrator. Resale controls shall remain in effect for any subsequent resales.

The Borough and the applicant may develop reasonable qualifications for occupants of lower-income housing. Borough residents and employees shall have first priority over all lower-income housing for a period not to exceed 30 business days from the time such units are listed for sale or resale or made available for rent. Selection procedures shall be directed and administered by a Borough official appointed each year as the Housing Administrator by the Borough's Governing Body. The Borough's Governing Body may arrange for third-party administration of resale and tenant selection of lower-income housing.

The developer shall formulate and implement a written affirmative marketing plan acceptable to the Mayor and Council. The affirmative marketing plan shall be realistically designed to ensure that lower-income persons of all races and ethnic groups are informed of the housing opportunities in the development, feel welcome to seek or buy or rent such housing and have the opportunity to buy or rent such housing. It shall include advertising and other similar outreach activities.

Sales prices and rents may be increased in accordance with the annual Metropolitan New York Regional Consumer Price Index for Housing of the Department of Labor, plus reimbursements for documented monetary outlays for reasonable improvements and reasonable costs incurred in selling or renting the unit. After 25 years, all such units may be sold or rented without restrictions.

Rental units may be converted to condominium units after 15 years, but any sale of condominium units shall be restricted to persons meeting moderate-income eligibility standards. After 25 years from the date of the issuance of the initial certificate of occupancy, including both rental and condominium occupancy, all such units may be sold or rented without restriction.