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Caldwell City Zoning Code

§ 250-25

Inclusionary Housing Zone 1 IH1 District.

[Added 9-17-2019 by Ord. No. 1365-19]
A. 
Establishment. There is hereby permitted and created an Inclusionary Housing Zone 1 (IH1) District as shown on the Official Zoning Map of the Borough of Caldwell, County of Essex, State of New Jersey. The Official Zoning Map of the Borough of Caldwell is hereby amended to include the IH1 District, and is incorporated herein by reference. The IH1 District shall apply to the property located at 14 Lane Avenue and designated on the Borough of Caldwell tax maps as Block 41, Lot 3, and any prior zoning for this lot is hereby changed accordingly. The zoning in this section shall not be construed or interpreted to affect the permitted uses, permitted accessory uses, bulk requirements and/or any other requirements of any other zone in the Borough.
B. 
Purpose. The purpose of this zone is to permit an inclusionary development on property located at 14 Lane Avenue and designated on the Borough of Caldwell tax maps as Block 41, Lot 3, which contains approximately one acre. The inclusionary development will consist of a sixteen-unit stacked townhouse building, of which 12 units will be market-rate units and four units will be affordable family units (25% set aside).
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING, STACKED TOWNHOUSE
A building consisting of more than two attached single-family residences, each with separate outside access and separated by either vertical, horizontal or both vertical and horizontal construction.
D. 
Permitted principal uses.
(1) 
Stacked townhouse buildings as defined in this section. More than one principal building may be constructed on a single lot.
E. 
Permitted accessory uses.
(1) 
Parking areas and lots as required by Chapter 250;
(2) 
Loading areas as required by Chapter 250;
(3) 
Signage as permitted by Chapter 250;
(4) 
Refuse and recycling enclosures as regulated by Chapter 250;
(5) 
Satellite antennas as regulated by Chapter 250 and/or federal law;
(6) 
Fences and walls as regulated by Chapter 250;
(7) 
Driveways and utilities as regulated by Chapter 250;
(8) 
Private attached garages to be used by occupants of the inclusionary housing development in this zone;
(9) 
Shared driveway in connection with an inclusionary development on the property located at 18 Lane Avenue and designated on the Borough of Caldwell tax maps as Block 41, Lot 4;
(10) 
Any other customarily incidental accessory use.
F. 
Bulk, area, yard and height requirements:
(1) 
Minimum lot area shall be 0.5 acre.
(2) 
Minimum lot width shall be 75 feet.
(3) 
Maximum gross residential density shall be 32 dwelling units per acre and the maximum amount of total dwelling units shall not exceed 16 dwelling units.
(4) 
Minimum front, rear and side yards from the lot boundary line for permitted principal and accessory uses shall be five feet. Notwithstanding this provision, however, no setback shall be required if a shared driveway is utilized in connection with the inclusionary development on the property located at 18 Lane Avenue and designated on the Borough of Caldwell tax maps as Block 41, Lot 4.
(5) 
Maximum impervious coverage is 85%.
(6) 
Maximum height for principal structures shall be 3 1/2 stories or 55 feet.
G. 
Building requirements.
(1) 
Length of stacked townhome dwelling building shall not exceed 200 feet in length.
H. 
Inclusionary housing requirements.
(1) 
Market-rate dwelling units shall total no more than 12.
(2) 
Affordable dwelling units, which are defined by state statute, shall total 25% of the overall total dwelling units, which is four units.
(3) 
The affordable housing shall be subject to market-rate and affordable housing phasing requirements, bedroom distribution requirements, low and moderate split requirements, accessibility requirements and other requirements, in accordance with Caldwell Borough ordinances and New Jersey State statutes and regulations.
I. 
Parking requirements.
(1) 
Although parking is governed by the Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., the Borough of Caldwell recognizes that, due to local conditions, an alternative parking standard of one space per residential unit plus one accessible parking space (for a total of 17 parking spaces) is appropriate for the inclusionary development on the property, in accordance with N.J.A.C. 5:21-4.1(c).