The provisions of this article are intended to encourage the planning and redevelopment of the above-noted property[1] into a vibrant mixed-use development, promote the health, safety, and general welfare of the public and the Borough of Bergenfield and encourage the construction of inclusionary housing consistent with smart growth design principles.

Permitted uses for Block 351, Lot 18 shall continue to be defined and limited by Schedule A of the Land Development Ordinance of the Borough of Bergenfield.[2] In addition, first floor residential occupancy as part of an inclusionary development is permitted in this overlay zone in all buildings set back 200 feet or more from South Washington Avenue and 100 feet or more from Liberty Road.

Site area. All developments constructed pursuant to this section shall be on a site of no less than five acres and shall have a width of at least 500 feet fronting on a public street. Lot area shall be computed to include all land area within the site.

The intent in adopting the Affordable Housing Unmet Need Overlay Zone is to maximize the site's development opportunities to locate inclusionary housing in new buildings and above the first floor of existing buildings.

Ground floor occupancy of any building located within 200 feet of the public right-of-way of South Washington Avenue and within 100 feet of Liberty Road shall not be residential, but be pursuant to, and consistent with, the B-1 Zone list of principal permitted uses. Ground floor residential occupancy of any building set back 200 or more feet from South Washington and 100 feet or more from Liberty Road is permitted in the AHO Zone as part of an inclusionary development.

Setback from the eastern lot line of Block 351, Lot 1 shall be 40 feet for any building greater in height than three stories.

Maximum building height of any building within 200 feet of South Washington Avenue or 100 feet of Liberty Road shall be limited pursuant to, and consistent with, Schedule B of the Land Development Ordinance of the Borough of Bergenfield.[1] Any building setback 200 feet or more from South Washington Avenue and 100 feet or more from Liberty Road is permitted a maximum height of four stories and 45 feet.

Affordable housing, as defined in N.J.A.C. 5:80-26.2, shall be supplied in accordance with the price stratification and bedroom distribution as required by N.J.A.C. 5:93.

Density as defined in N.J.S.A. 40-55D-4 shall not exceed 40 dwelling units per acre, regardless if the resultant housing is to be offered for sale or as rental units. The minimum affordable housing set-aside shall be a minimum of twenty 20%, regardless if the affordable units are to be offered for sale or for rent.

If the affordable housing set-aside calculation results in a fraction, all fractions of greater than 0.5 shall be rounded up, those less than 0.5 shall be rounded down, with the developer required to make a payment-in-lieu for the remaining fractional amount of the housing obligation.

Occupancy of affordable dwellings shall be limited to income qualified households, priced and deed restricted in compliance with all applicable regulations promulgated by the State of New Jersey or in accordance with any requirements established by court order.

Maximum building height shall not exceed four stories or 45 feet.