Closter City Zoning Code
ARTICLE XIB
Affordable Housing Overlay
§ 200-54.1 Purpose.
The purpose of the Affordable Housing Overlay (AHO) District is to provide realistic opportunities to capture affordable housing in an effort to meet the Borough of Closter's unmet need obligation. The Affordable Housing Overlay District (AHO) creates a realistic opportunity for housing with an affordable component in the Borough's Commercial (District No. 4) and Industrial (District No. 5 and District No. 5A) areas.
§ 200-54.2 Uses.
In addition to those uses permitted in the underlying districts (i.e., Commercial or Industrial) the following inclusionary housing options are permitted conditional uses in the Affordable Housing Overlay District, subject to site plan and conditional use approval by the Planning Board.
A.
Owner-occupied townhouses at a maximum density of eight units/acre, with a 20% affordable set-aside.
B.
Apartments at a density of 12 units/acre, with a 20% affordable set-aside for all properties in the Affordable Housing Overlay, except for the Industrial Zone 5A, which is identified on the Zoning Map as "District No. 5A - Industrial Area (Affordable Housing Overlay District)." The density for apartments in District No. 5A, Industrial Area is 10 units/acre. All other conditions, bulk regulations, other regulations, and affordability requirements as contained herein are the same for the Affordable Housing Overlay Districts and District No. 5A - Industrial Area (Affordable Housing Overlay District).
C.
All sites to be developed with townhouses or apartments must meet the conditions listed in § 200-54.3 (below).
D.
All sites to be developed with townhouses or apartments must include a 20% affordable set-aside whereby 20% of the units are affordable to low- and moderate-income households. In the event that the 20% of the total number of residential units does not result in a complete integer, the fraction number of units shall be rounded upward to provide one additional whole unit. For example, if a development includes 16 units, the 20% set-aside equals an affordable obligation of 3.2 units. The fractional unit is rounded up to the next integer; therefore, the development would include four affordable units.
§ 200-54.3 Conditions.
B.
Frontage on and accessibility from a collector or subcollector street, as defined in the Borough's Zoning Code.
§ 200-54.4 Bulk regulations.
A.
Townhouses.
(1)
Minimum lot width at setback: 22 feet.
(2)
Maximum height: 2.5 stories/30 feet.
(3)
Density: eight units/acre.
(4)
Minimum front yard setback: 25 feet.
(6)
Minimum rear yard setback (except for those situations where adjacent to existing single-family detached dwelling, or Residence Area "A" or "B" referenced in § 200-54.3, above): 20 feet.
(7)
Maximum impervious coverage: 50%.
(8)
Dwellings shall be arranged in groups or clusters of not more than six units/building.
(9)
There shall be a minimum open space of at least 50 feet between the front and/or rears of any two buildings, or 30 feet between any other combination of facades.
(10)
All common areas within a townhouse development shall be deeded to its homeowner or condominium association or other legal entity consisting of a majority of the property owners within the development for their use, control, management and maintenance.
B.
Apartments.
(1)
Minimum lot width at setback: 125 feet.
(2)
Maximum building height: 2.5 stories/30 feet.
(4)
Minimum front yard setback: 35 feet.
(5)
Minimum side yard setback (except for those situations where adjacent to existing single-family detached dwelling, or Residence Area "A" or "B" as referenced in § 200-54.3, above): 45 feet.
(6)
Minimum rear yard setback (except for those situations where adjacent to existing single-family detached dwelling, or Residence Area "A" or "B" as referenced in § 200-54.3, above): 60 feet.
(7)
Maximum impervious coverage: 55%.
(8)
Setback between buildings: 30 feet.
(9)
The maximum building length is 120 feet.
(10)
Parking is prohibited between apartment building and public roadway.
(11)
All common areas within an apartment development shall be deeded to its homeowner or condominium association or other legal entity consisting of a majority of the property owners within the development for their use, control, management and maintenance.
(12)
The apartment complex shall provide an active outdoor recreation area designed to serve the needs of the apartment residents. Examples of potential active recreation amenities include, but are not limited to, playground equipment and swimming pools. The active outdoor recreation area shall be, at a minimum, a size equal to 75 square feet per dwelling unit.
§ 200-54.5 Other regulations.
A.
Homeowners' association. Every owner-occupied apartment and/or townhouse development in the Affordable Housing Overlay shall establish a homeowner or condominium association, or other legal entity. The property owner (with rental units) and/or association shall own all common spaces, including but not limited to open spaces, common areas, recreation areas, parking areas, road areas and sidewalks. The association shall be responsible for, at a minimum, collection of garbage and recyclable material, snow removal, road and sidewalk maintenance, maintenance of buffer area and other common landscape areas.
B.
Landscape buffer and plantings.
(1)
Every apartment and/or townhouse development in the Affordable Housing Overlay shall include a planted landscape buffer to mitigate the visual impact of the development. A planted landscape buffer area shall extend from all exterior property lines of the tract a minimum depth of 10 feet. The buffer area may be included in the required building setback area to exterior tract property lines referenced above. Buffering shall be designed to provide a year-round visual screen. The buffer area may include decorative fencing only to a height of six feet. No buildings, driveways or sidewalks are permitted in the buffer area. Roadway access into and out of the development may occur through the buffer area. The buffer area will be approved as part of the conditional use review, and will be subject to review by the Borough Engineer.
(2)
A variety of landscape plantings and open lawn areas are required throughout the townhouse and/or apartment development. The landscape plan shall be required as part of the conditional use review by the Planning Board.
C.
All parking requirements shall conform to Chapter 173 of the Code of the Borough of Closter, as well as the New Jersey Residential Site Improvement Standards.
D.
Apartment and/or townhouse buildings shall have a compatible architectural theme, with complementary variations in exterior design and color. This shall include varying building and/or facade orientation, modifying dwelling unit widths and heights, changing rooflines and altering color and fenestration patterns. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details. Designs including mansard roofs, defined as a roof with four sloping sides, are encouraged.
E.
All building entrances shall include architectural elements, including but not limited to columns, porches, overhangs, etc.
F.
The facades of apartment units in a group shall be varied by changed front yard setbacks and variation in materials or design so that not more than two abutting apartments will have the same front yard setback and the same or essentially the same architectural treatment of facades and rooflines.
G.
Apartments shall be developed as a building consisting of three or more dwelling units where each unit has direct access to the outside with use of a vestibule.
§ 200-54.6 Affordability.
A.
All affordable housing units shall be subject to the all applicable municipal and New Jersey State review processes and approvals.
B.
All affordable units shall be subject to all the provisions of the Uniform Housing Affordability Controls (U.H.A.C.), including but not limited to bedroom distribution, ownership and rental, unit administration.
C.
The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.
D.
In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.