East Rutherford City Zoning Code
ARTICLE IX
Overlay Zones
§ 389-54 Affordable Housing Overlay Zone.
A.
Purpose. To provide an appropriate and realistic mechanism to meet the Borough-established first and second round and 200 rehabilitation requirement of affordable housing, as established by the Council on Affordable Housing.
C.
The Affordable Housing Overlay Zone (AHO) is located on the following specific sites within the Borough:
[Amended 12-17-2019 by Ord. No. 2019-20; 3-17-2020 by Ord. No. 2020-03; 6-20-2023 by Ord. No. 2023-15]
E.
Development standards. The following bulk standards are applicable within the Affordable Housing Overlay Zone:
(1)
Minimum lot size: 20,000 square feet.
[Amended 6-20-2023 by Ord. No. 2023-15]
(2)
Maximum density: 25 units per acre.
[Amended 3-26-2009 by Ord. No. 2009-05; 6-20-2023 by Ord. No. 2023-15]
(3)
Front yard setback: 20 feet.
[Amended 6-20-2023 by Ord. No. 2023-15]
(4)
Side yard setback: 10 feet each.
(5)
Rear yard setback: 20 feet.
[Amended 6-20-2023 by Ord. No. 2023-15]
(6)
Minimum open space: 30%.
(7)
Maximum building coverage: 40%.
(8)
Maximum impervious surface coverage: 70%.
(9)
Maximum building height: 35 feet/three stories.
F.
Parking. The following parking requirements are applicable to the AHO Overlay Zone:
(1)
Parking space size and number requirements shall be in compliance with the New Jersey Residential Site Improvement Standards (RSIS).
(2)
No parking shall be permitted in the front yard.
(3)
Underground/under building parking shall be permitted.
(4)
Parking shall be permitted in the side and rear yards only. All parking must be located 10 feet from any side yard property line and five feet from any rear yard property line.
(5)
All perimeter open space surrounding a parking lot must be densely landscaped with year-round screening materials, including but not limited to evergreen shrubs.
G.
Affordable housing requirements. All development in Affordable Housing Overlay Zone shall provide for affordable housing in accordance with the following requirements:
(1)
Twenty percent of the total number of approved units shall be set aside for occupancy by low- and moderate-income households as defined by COAH.
(2)
All affordable housing developments shall comply with the terms and conditions of the Uniform Housing Affordability Controls regulations as promulgated by COAH and currently set forth in N.J.A.C. 5:80-26.1 et seq., as same may be amended and supplemented from time to time.
(3)
Pursuant to N.J.A.C. 5:80-26.14, the Borough of East Rutherford hereby elects to serve as the administrative agent for all restricted units in the municipality. The Borough designates the Borough Clerk as its designated municipal employee for such purpose.
§ 389-55 Mixed Residential Overlay Zone.
A.
Purpose. To create a mixed residential overlay zone that provides for a variety of housing types to meet the needs of the Borough residents. This overlay zone will provide both market rate and affordable housing units, as defined by the Council on Affordable Housing, for senior citizens. As part of an integrated community, non-age-restricted townhouse development is contemplated to bring diversity of housing to the district. To accomplish the creation of affordable senior citizen housing, this zone proposes a density bonus for such housing.
B. SENIOR CITIZEN HOUSING
Definitions. As used in this section, the following terms shall have the meanings indicated:
Housing designed and constructed as an age-restricted project where at least one resident of any one unit must be 62 years or over; or a husband or wife, regardless of age, residing with his or her spouse, provided the spouse of such person is 62 years or over; or the child or children residing with a permissible occupant, providing the child or children are of the age of 19 or older; or the individual or individuals, regardless of age, residing with and providing physical or economic support to the permissible occupant.
D.
The Mixed Residential Overlay Zone is located on the following specific site within the Borough:
(1)
Block 29, Lot 3, presently zoned Industrial, total size 4.79 acres.
F.
Development standards. The following bulk standards are applicable within the Mixed Residential Zone:
(1)
Residential uses.
(a)
Minimum lot size: 3.5 acres.
(b)
Maximum density: 20 units/acre.
[Amended 3-26-2009 by Ord. No. 2009-05]
(c)
Density bonus for affordable senior citizen housing units: 12 units/acre.
(d)
Minimum setback from all property lines: 10 feet.
(e)
Maximum building coverage: 40%.
(f)
Maximum impervious surface coverage: 70%.
(g)
Minimum open space: 30%.
(h)
Maximum building height (stories/feet): three stories/35 feet.
(2)
Public and/or government purpose uses.
G.
Parking. The following parking requirements are applicable to the residential uses in the Mixed Residential Overlay Zone:
(1)
Parking space size and number requirements, unless otherwise specified, shall be in compliance with the New Jersey Residential Site Improvement Standards (RSIS).
(2)
No parking shall be permitted in the required setback from the property line.
(3)
Underground/under building parking shall be permitted.
(4)
All townhouse/duplex residences shall have at least one garage space and one driveway space for each unit.
(5)
Parking for the affordable senior citizen housing development shall be one space per two units. Parking for the market rate senior citizen housing development shall be one space per each unit.
(6)
All perimeter open space surrounding a parking lot must be densely landscaped with year-round screening materials, including but not limited to evergreen shrubs.
H.
Affordable housing requirements. All development in the Mixed Residential Overlay Zone shall provide for affordable housing in accordance with the following requirements:
(1)
One hundred percent of the 40 designated affordable senior citizen units shall be affordable to low- and moderate-income households as defined by COAH.
(2)
Affordable housing developments shall comply with the terms and conditions of the Uniform Housing Affordability Controls regulation as promulgated by COAH and currently set forth in N.J.A.C. 5:80-26.1 et seq., as same may be amended and supplemented from time to time.
(3)
Pursuant to N.J.A.C. 5:80-26.14, the Borough of East Rutherford hereby elects to serve as the administrative agent for all restricted units in the municipality. The Borough designates the Borough Clerk as its designated municipal employee for such purpose.
§ 389-56 Affordable Housing Overlay Zone B.
[Added 6-21-2011 by Ord. No. 2011-08]
A.
Purpose. To provide an appropriate and realistic mechanism to promote the creation of affordable housing when vacant properties are developed or existing developed sites are redeveloped.
B.
Conflict in requirements. The requirements of the remaining provisions of Article IX apply to the AHO-B Overlay Zone except where those requirements conflict with this section. In the event of such a conflict, the terms of this section shall prevail.
C.
Zones. The Affordable Housing Overlay Zone B (AHO-B) is located on the following specific lots in the Borough: Block 26, Lots 1 and 2.
D.
Permitted uses. The uses permitted within the Affordable Housing Overlay Zone B shall be those listed in § 389-54D.
E.
Development standards. The following bulk standards are applicable within the Affordable Housing Overlay Zone B:
(1)
Minimum lot area: seven acres.
(2)
Maximum market rate density: 27.5 units per acre.
(3)
Affordable housing bonus density: In addition to the maximum market rate density, such number of affordable housing units required by law, not to exceed 20% of the market rate units.
(4)
Minimum building setback, street right-of-way: 15 feet.
(5)
Minimum building setback, lot line not coterminus with street right-of-way: 15 feet.
(6)
Minimum distance between buildings: 30 feet.
(7)
Maximum impervious coverage: 75%.
(8)
Maximum building coverage: 35%.
(9)
Maximum building height, residential units without parking underneath: four stories above ground level/45 feet.
(10)
Maximum building height, residential units above ground-level parking: four stories above ground-level parking/55 feet.
§ 389-57 Affordable Housing Overlay Zone C.
[Added 12-17-2019 by Ord. No. 2019-21]
A.
Purpose. To permit the development of an inclusionary multifamily residential development in which a certain proportion of dwelling units are set aside for occupancy by low- and moderate-income households.
E.
Development standards. The following bulk standards are applicable within the AHO-C Overlay Zone:
(1)
Minimum lot size: 3.5 acres.
(2)
Maximum density: 20 units per acre.
(3)
Front yard setback: 25 feet.
(4)
Side yard setback: 10 feet each.
(5)
Rear yard setback: 25 feet.
(6)
Minimum open space: 30%.
(7)
Maximum building coverage: 40%.
(8)
Maximum impervious surface coverage: 70%.
(9)
Maximum building height: 35 feet/three stories.
F.
Parking. The following parking requirements are applicable to the AHO-C Overlay Zone:
(1)
Parking space size and number requirements shall be in compliance with the New Jersey Residential Site Improvement Standards (RSIS).
(2)
No parking shall be permitted in the front yard.
(3)
Underground/under building parking shall be permitted.
(4)
Parking shall be permitted in the side and rear yards only. All parking must be located 10 feet from any side yard property line and five feet from any rear yard property line.
(5)
All perimeter open space surrounding a parking lot must be densely landscaped with year-round screening materials, including but not limited to evergreen shrubs.
G.
Affordable housing requirements. All development in AHO-C Overlay Zone shall provide for affordable housing in accordance with the following requirements:
(1)
All developments within the AHO-C Overlay Zone shall provide dwelling units which qualify for credit as low- and moderate-income housing per the requirements of New Jersey's Fair Housing Act[1] and which meet the income, bedroom distribution and other requirements of the Uniform Housing Affordability Controls (N.J.S.A. 5:80-26.1 et seq.), in the following minimum percentages:
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(2)
At least 13% of the affordable units shall be very-low-income units, as mandated by the Fair Housing Act.
(3)
The developer shall utilize the Borough's administrative agent or Borough-approved administering the low- and moderate-income income units for the lifetime of the deed restriction. This shall include the initial rental/sale of the unit and the ongoing compliance.
H.
Other requirements. Development in the AHO-C Overlay Zone shall also comply with the following requirements:
(1)
Landscape buffer. A landscaped buffer shall be provided along the site's perimeter; 25 feet in width along the entire Madison Street frontage and 10 feet along the side and rear property lines. The buffer shall be planted with grass, perennial and annual flowering plants, deciduous and evergreen trees, shrubs and all other landscape material and treatments as required by the Planning Board and Shade Tree Committee. No retaining walls shall be located within the buffer. Site-identifying signage and driveways perpendicular to the buffer may encroach into the buffer.
(2)
Mechanical equipment. Any rooftop mechanical equipment, inclusive of solar equipment, shall be concealed within the roof of the building so it is not visible from all vantage points at-grade or below the roof. Any ground-mounted mechanical equipment shall be screened appropriately.
(3)
Architectural design guidelines.
(a)
Primary materials for buildings shall be brick, wood, HardiePlank® panels or similar fiber cement siding, stone, precast and cast stone and manufactured stone, and glass. No more than three different primary materials shall be used on each building facade.
(b)
Within the primary materials, variations in colors, texture and pattern may be employed to further break up the mass or bulk of a building. The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building.
(c)
Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.
(d)
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc. Buildings shall avoid long, monotonous, uninterrupted walls or roof planes.
(e)
Building wall offsets, including projections such as canopies and recesses, may also be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall.
(f)
Similarly, in the case of a pitched roof, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.