The purpose of the AFD-1, AFD-1.1, AFD-2, AFD-3 and AFD-4 Districts is to encourage the development of certain vacant tracts in a manner which incorporates the best features of design and relates the type, design and layout of residential development to the particular site, and, at the same time, provides the realistic opportunity for lower-income housing to be constructed in accordance with the guidelines set forth in the Fair Housing Act as interpreted by the Council on Affordable Housing (COAH). These districts are intended to implement the Borough's Fair Share Plan prepared in accordance with the COAH's rules, which plan was adopted by the Borough Council and submitted thereafter to the COAH. Special standards and procedures applicable to these districts only are set forth herein to expedite the production of the lower income housing.

Recognizing that low- and moderate-income housing requires the removal of standards which may be desirable to achieve but which may also be cost generating to a developer of lower-income housing and thereby inhibit its production, the guidelines set forth herein are deemed, in connection with the initial construction of said low- and moderate-income housing and the accompanying market value housing, to be the minimum necessary for public health, safety and welfare.

After completion of the low- and moderate-income housing and the accompanying market value housing in a development to the satisfaction of the appropriate Borough officials, when excessive cost as an inhibitor of the development of lower-income housing is no longer a factor, it is determined that the public good has been served by providing a realistic opportunity for a fair share of the region's present and prospective needs for low- and moderate-income families. It is further determined that upon completion of a development as above described, the public interest will be best served in the future by making all relevant provisions of this chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) applicable to the market value dwellings in the development.

The applicant shall submit all plans and documents to the Planning Board for site plan review and approval in accordance with Article XX of this chapter and such regulations as may from time to time be enacted in this regard. The Planning Board shall distribute the plans to those agencies required by law to review and/or approve development plans and to such municipal agencies and technical advisors as the Planning Board deems appropriate.

The Planning Board may, at the cost of the applicant, refer the application to technical advisors in advance of the public hearing for comments on the completeness of the application and other matters, in which case said technical advisors shall report in writing on the application and the applicant shall be provided a copy of such comments prior to the public hearing.

The Planning Board shall hold a public hearing in accordance with N.J.S.A. 40:55D-46.1 on the application. The Planning Board shall take action on the application within 60 days from the date of submission of a complete application for preliminary approval. If subsequent final approval is sought, action on the final plan shall be taken by the Planning Board within 30 days of the date that a complete application is submitted.

The applicant is encouraged to submit a concept plan for informal review by the Board pursuant to N.J.S.A. 40:55D-10.1 prior to the preparation of a preliminary development plan.

The development plans submitted shall contain the information required in Article XX of this chapter, unless the Planning Board waives a particular requirement as being inapplicable or impracticable.

The developer shall formulate and implement a written affirmative marketing plan acceptable to the Planning Board and conforming with pertinent Borough regulations, if any, and the provisions of N.J.A.C. 5:92-15.1 and 5:92-15.2 which plan shall be realistically designed to insure the persons in eligible lower-income households are informed of the housing opportunities in the development, feel welcome to seek to buy or rent such housing, and have the opportunity to buy or rent such housing.

See also § 165-45F(8) for submission of proposed deed restrictions.

Permitted uses. The Affordable Housing Agreement dated December 28, 1987, between the Borough of Chatham and Chatham Land, Inc. is incorporated by reference and made part hereof, including the zoning limitations and restrictions set forth therein. (See Addendum 1 to Article VIII attached hereto.)[1]

Principal uses.

Accessory uses and structures.

Density.

Bulk restrictions.

Building height.

Parking. Parking shall be provided in strict conformance with the Residential Site Improvement Standards.

Entrances. All dwelling units shall for fire safety have two means of egress to ground level and, except for lower-income housing, shall have at least two private outside entrances, one of which shall face the front property line. This provision shall not apply to dwellings in the AFD-1.1 Zone, as long as the dwellings comply with the State Construction Code in effect at the time of application for development.

Shape of lots. As far as feasible, all lots shall be of regular shape and four-sided, and all property lines shall be at right angles and/or parallel.

Basements and attics. No rooms intended for human habitation shall be located in a basement or attic. However, all buildings should, where feasible, have basements and attics.

Heat and utilities. Each dwelling unit shall have its own heating system and shall constitute a separate, independent unit for metering and all other purposes with respect to all required utilities and similar conveniences. No common or central laundry facility shall serve more than one building.

Yards, patios or courts. Each dwelling unit, except for low- and moderate-income housing units or those in multifamily dwellings, including apartment houses, shall have at least one individual private yard area, open patio or court adjoining the unit, said area to have a width of at least 15 feet and an area of at least 150 square feet, being effectively screened in order to provide a reasonable degree of privacy.

Aesthetic congruity. As far as feasible, buildings, houses and townhouses containing low- and/or moderate-income housing shall be aesthetically congruous and composed of like materials in exterior facade and landscaping with the rest of the development.

Storage space. A storage space with separate access containing a minimum of 70 square feet of floor area and a minimum volume of 500 cubic feet shall be provided for each dwelling unit, except for low- and moderate-income units, said storage space to be in the basement of the building in which the unit is located, in a garage serving the unit (but not usurping the ten-by-twenty-foot space for a vehicle), attached to the unit, or in another accessory building.

Garbage. Adequate, screened space must be provided for on-site storage of garbage retention until pickup.

Paved Areas. All off-street parking and driveways shall conform to the Residential Site Improvement Standards.

Article XII provisions. Unless inconsistent herewith, the provisions of Article XII (§ 165-76 et seq.) of this chapter shall apply to affordable housing.

Common recreational areas. If in any development there is any multifamily dwelling, including an apartment house, garden apartment or townhouse cluster having more than three units, there shall be in such development at a location convenient to such units a space of 450 square feet in a usable configuration and location for play lots or shaded area with benches for the elderly or other space for recreation which is suitable to the development. In AFD-1.1 only, such area of 450 square feet may be located within a required side or rear yard.

Minimum floor area. Minimum floor areas for dwelling units shall be:

Building length. No building, including townhouse cluster, shall on any one side, whether or not that side is indented or varied, have a length of more than 200 feet.

Television antennas. There shall be no more than one television antenna per building or townhouse cluster.

Laundry facilities. Laundry facilities may be provided for in each building with dwelling unit(s) and in each townhouse cluster. No outside clothes drying will be allowed in buildings or townhouse clusters of more than two dwelling units.

Screening of parking and common facilities. Landscaping shall be provided as needed to shield parking areas and other common facilities, including garages and storage area, from the view of adjoining properties and streets.

Landscaping.

After completion of any market-value dwelling in any affordable housing district to the satisfaction of the appropriate Borough officials, the following shall be applicable to such dwelling:

Any residential development shall comply with the affordable housing set-aside requirement set forth at § 69-4 of this Code.

Bedroom distribution.

Affordability range. All low- and moderate-income housing units contained within any inclusionary development which are offered for sale shall be priced according to the ranges set forth in N.J.A.C. 5:92-13.2(b) which is as follows:

Other regulations. The provisions of Part II, Chapter 69, Affordable Housing, shall apply to any inclusionary development under this Chapter 165, Article VIII.