Fair Haven City Zoning Code

§ 30-5.5

AH Affordable Housing Zone.

[Added 10-13-2020 by Ord. No. 2020-04; amended 5-24-2021 by Ord. No. 2021-06]

Purpose: The purpose of the AH Affordable Housing Zone, which applies to Lot 1 in Block 31, is to provide affordable housing in the form of a mixed-use inclusionary development consisting of a total 14 family rental units, of which two will be deed restricted as affordable units in accordance with U.H.A.C rules and regulations. The building shall be a total of three stories. The ground floor is required to contain commercial uses. The 2nd and 3rd stories shall consist of the residential units. The 2nd and 3rd story is required to be set back a minimum of eight feet from the 1st story building facades along the road frontages of River Road and Cedar Avenue. The site plan shall be substantially consistent with the concept plan attached as an exhibit within the executed First Amended Settlement Agreement between the Borough of Fair Haven and M&M Realty Partners and attached to this ordinance. The intent of this zone is to be developed as a single entity. The standards within the Land Development Ordinance remain in effect. Where there is a conflict between this section and another section of the Land Development Ordinance, this section shall supersede those standards.

Principal Permitted Uses.

See Table AH in subsection 30-5.1.

Permitted Accessory Uses.

See Table AH in subsection 30-5.1.

Total Number of Residential Units Permitted.

14 total dwelling units.

Affordable Housing.

Development of the site shall provide for two rental family affordable units on site.

One of the affordable units shall be a two-bedroom low-income unit and the other affordable unit shall be a two-bedroom moderate-income unit, as specified in the First Amended executed Settlement Agreement. The third and final unit shall be a two- or three-bedroom very-low-income unit as defined herein or a Payment in Lieu ("PIL") of the construction of the third unit in an amount of no less than $175,000.

Except as otherwise specified in this ordinance relating to Payments in Lieu and income and bedroom distribution, all affordable units shall comply with N.J.A.C.5:93-1 et seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C.5:80-26.1 et seq., the Fair Housing Act and the Borough's HEFSP.

Each affordable restricted unit shall remain restricted for a minimum of 30 years and that restriction may be unilaterally extended by the Borough at its sole discretion, thereafter.

Parking Standards. Section 30-9.2b, Off-Street Parking, shall apply. Where a conflict occurs between this section and Section 30-9.2b, this section shall supersede those standards.

Each residential unit shall provide two parking spaces per unit and no additional guest parking is required

Tandem parking is permitted to satisfy residential parking requirements, in accordance with the following:

No more than two vehicles shall be placed one behind the other.

Both spaces shall be assigned to a single unit.

Commercial parking shall be provided utilizing one space/250 square feet of gross floor area, regardless of commercial use. Outdoor dining associated with a restaurant shall not generate additional parking requirements.

Parking areas and drive aisles shall be setback a minimum of four feet from all lot lines; however, a minimum six-foot setback shall be required along the side lot line.

All surface parking lots that abut the public sidewalk or street shall be separated from the sidewalk or street by a landscaped buffer with a minimum width of four feet. Buffers shall include shrubbery, plantings, a row of trees and/or a minimum thirty-inch-high/maximum forty-two-inch-high brick screen wall.

Circulation Standards. Section 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and Section 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and Section 30-8 and Section 30-9, this section shall supersede those standards.

As shown and agreed to in the concept plan attached hereto, one one-way entrance driveway shall be permitted from River Road.

One two-way entrance/exit driveway shall be permitted from Cedar Avenue.

Parking may be permitted within the front yard along Cedar Avenue, provided it is set back a minimum of 4.9 feet from the frot lot line along Cedar Avenue. In no event shall parking be located between the building and River Road.

The applicant shall provide intersection improvements on the applicant's portion of frontage on Block 31 Lot 1 at the intersection of River Road and Cedar Avenue as recommended in the Borough's Active Transportation Plan, which was adopted by the Borough Planning Board in 2017.

Bicycle parking for public use and residents shall be provided.

All loading shall only be permitted on-site.

Signs. Section 30-7.24, Signs, shall apply. Where a conflict occurs between this section and Section 30-7.24, this section shall supersede those standards.

Permitted signs in the AH Affordable Housing Zone.

Wall signs.

Each commercial store front shall be permitted one wall sign above the entrance to the storefront in the 'sign band'.

In no event shall a single wall sign exceed 5% of the 1st floor commercial facade.

Wall signs may be externally lit. In no event shall a wall sign be internally lit.

The maximum lettering height shall be 10 inches.

Freestanding signs.

One freestanding sign is permitted to be located to the west of the River Road entrance driveway as shown on the Concept Plan.

In no event shall the freestanding sign exceed 30 square feet.

The freestanding sign shall not be greater than eight feet in height.

The freestanding sign may be externally lit. In no event shall the sign be internally lit.

The sign shall be set back a minimum of three feet from the front property line.

The maximum lettering height shall be 10 inches.

Developer shall be permitted to utilize window signs pursuant to Section 30-7.24 of the Borough's code.

Awnings

Awnings shall have a metal structure covered with canvas, metal or like product.

Awnings may have a front skirt; the bottom of the skirt shall not be scalloped.

Awnings/canopies shall extend a maximum of three feet from the exterior wall into the front yard setback at a height of at least eight feet above sidewalk grade.

In no event shall a sign be permitted on an awning.

The first-floor corner commercial space may have an awning.

The commercial store fronts fronting along River Road may have awnings only if all the store fronts along River Road have awnings.

Lighting. Section 30-7.22c14, Lighting and Illumination, shall apply.

Design Standards.

Architectural. The attached River Road and Cedar Avenue M&M illustrative concept plan, elevations, and cross-section shall be used as guidelines.

Both the River Road and Cedar Avenue building facades shall be designed and treated as front facades

The building shall be composed of durable materials such as brick, stone or cement board. In no event shall EFIS be permitted.

There shall be no continuous front facade along River Road. The facade shall be vertically broken up into a minimum of three "bays". Each bay shall complement one another and be aesthetically pleasing.

Pedestrian entry ways and/or lobbies shall be prominent, well-lit and separate from service entrances.

A minimum of 60% of the ground floor front facades shall be glazed.

A minimum of 20% of the upper-story front facades shall be glazed.

Glazing shall be a minimum of 70% transparent.

The maximum sill height above sidewalk grade shall be 30 inches.

A horizontal architectural feature shall define the ground floor from the upper floors.

Each individual commercial use on the ground floor is required to have its own primary entrance.

The exterior walls of the building shall not have large blank or featureless expanses.

Retail openings for windows and windowpanes shall have a vertical dimension greater than or equal to the horizontal dimension and shall not be as a walk up or otherwise utilized for transactions.

Balconies, terraces, Juliet balconies, and sliding glass doors are permitted as shown on the concept plan.

Enclosure of rooftop areas, terraces, or balconies is not permitted.

Balconies.

The Developer shall make every effort to preclude balconies/outdoor areas for such uses including but not limited to storage, trash/recycling, laundry, grill, etc. so as not to create a fire hazard or other nuisance. Landlord shall prohibit the use of balconies from such uses in its residential leases and/or in in the Master Deed to the extent the residential units are condominiums.

Balconies shall be kept free of clutter as a means to maintain the overall aesthetics of the building facade.

Any violation of this provision shall be enforced against the tenant and not the landlord. However, landlord shall cooperate with the Borough in enforcement.

Utilities. Section 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and Section 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and Sections 30-8 and 30-9, this section shall supersede those standards.

Public utilities, transformers and primary and backup generator shall be located interior to the building, on the roof or vaulted underground within the pavement area of an adjacent street or sidewalk.

Individual window air conditioning units shall not be permitted.

Rooftop mechanical equipment shall be screened from public view. In addition, mechanical equipment shall be setback a minimum of six feet from the edge of the building.

Meters and access panels shall be integrated with street and building design.

Manholes, meters and access panels shall be constructed of materials and styles consistent with established design theme.

The developer shall coordinate all utility improvements with the responsible utility.

Backup generators for common areas are encouraged.

Landscaping and Buffering. Section 30-8 and Section 30-9 apply. Where a conflict occurs between this section of this ordinance and Sections 30-8 or 30-9, this section shall supersede those specific requirements.

A minimum buffer area of at least four feet shall be provided around the side and rear lot lines. The buffer area shall consist of a combination of deciduous and evergreen shrubs and trees. Plantings are encouraged to consist of native species.

If the topography of the site requires retaining walls, retaining walls shall be landscaped and be aesthetically pleasing. In no event shall a retaining wall be more than three feet tall.

Lighting. Section 30-9.2a12, Lighting, and Section 30-9.3c4, Lighting, shall apply. Where a conflict occurs between this section and Sections 30-9.2a12, and 30-9.3c4, this section shall supersede those standards.

The maximum height of light poles shall be 15 feet.

Full cutoff of fully shielded light fixtures are encouraged.

Floodlights shall not be directed toward the street or adjacent properties.

Only dimmable LED lighting elements shall be permitted.

Neon lighting is prohibited on commercial storefronts.

Flashing lights are prohibited.

Lighting shall be aesthetically unified and complimentary to the design of the building and site.

On site lighting shall not exceed 3000 Kelvin.

Signs.

Signs and awnings shall have a coordinated graphic design theme through the site plan. The design theme shall include the style and size of lettering, construction, materials, colors, size, lighting, color of letters, and background. These design theme elements shall be carefully considered in relation to the color and materials of the building, building design, and where the signs are proposed to be located.

Buildings shall be designed to include a 'signage zone' above the commercial use frontage and integrated into the overall architectural design of the building.

Stormwater Management.

Section 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and Section 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and Sections 30-8 and 30-9, this section shall supersede those standards.

The proposed improvement shall include design elements to reduce post development runoff.

The project shall utilize roof runoff recharge, rain gardens, and/or bioswales in accordance with the Concept Plan and NJDEP Stormwater Regulations when applicable.

Additional Design Standards.

To the extent feasible, the developer shall consider potential future interconnections to adjacent sites.

Pedestrian pathways/sidewalks that are included within a parking lot shall be made of a different surface material than the parking areas and are encouraged to include landscaping around the edges of the walkway.

Fair Haven City Zoning Code

§ 30-5.5

AH Affordable Housing Zone.

[Added 10-13-2020 by Ord. No. 2020-04; amended 5-24-2021 by Ord. No. 2021-06]

Purpose: The purpose of the AH Affordable Housing Zone, which applies to Lot 1 in Block 31, is to provide affordable housing in the form of a mixed-use inclusionary development consisting of a total 14 family rental units, of which two will be deed restricted as affordable units in accordance with U.H.A.C rules and regulations. The building shall be a total of three stories. The ground floor is required to contain commercial uses. The 2nd and 3rd stories shall consist of the residential units. The 2nd and 3rd story is required to be set back a minimum of eight feet from the 1st story building facades along the road frontages of River Road and Cedar Avenue. The site plan shall be substantially consistent with the concept plan attached as an exhibit within the executed First Amended Settlement Agreement between the Borough of Fair Haven and M&M Realty Partners and attached to this ordinance. The intent of this zone is to be developed as a single entity. The standards within the Land Development Ordinance remain in effect. Where there is a conflict between this section and another section of the Land Development Ordinance, this section shall supersede those standards.

Principal Permitted Uses.

See Table AH in subsection 30-5.1.

Permitted Accessory Uses.

See Table AH in subsection 30-5.1.

Total Number of Residential Units Permitted.

14 total dwelling units.

Affordable Housing.

Development of the site shall provide for two rental family affordable units on site.

One of the affordable units shall be a two-bedroom low-income unit and the other affordable unit shall be a two-bedroom moderate-income unit, as specified in the First Amended executed Settlement Agreement. The third and final unit shall be a two- or three-bedroom very-low-income unit as defined herein or a Payment in Lieu ("PIL") of the construction of the third unit in an amount of no less than $175,000.

Except as otherwise specified in this ordinance relating to Payments in Lieu and income and bedroom distribution, all affordable units shall comply with N.J.A.C.5:93-1 et seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C.5:80-26.1 et seq., the Fair Housing Act and the Borough's HEFSP.

Each affordable restricted unit shall remain restricted for a minimum of 30 years and that restriction may be unilaterally extended by the Borough at its sole discretion, thereafter.

Parking Standards. Section 30-9.2b, Off-Street Parking, shall apply. Where a conflict occurs between this section and Section 30-9.2b, this section shall supersede those standards.

Each residential unit shall provide two parking spaces per unit and no additional guest parking is required

Tandem parking is permitted to satisfy residential parking requirements, in accordance with the following:

No more than two vehicles shall be placed one behind the other.

Both spaces shall be assigned to a single unit.

Commercial parking shall be provided utilizing one space/250 square feet of gross floor area, regardless of commercial use. Outdoor dining associated with a restaurant shall not generate additional parking requirements.

Parking areas and drive aisles shall be setback a minimum of four feet from all lot lines; however, a minimum six-foot setback shall be required along the side lot line.

All surface parking lots that abut the public sidewalk or street shall be separated from the sidewalk or street by a landscaped buffer with a minimum width of four feet. Buffers shall include shrubbery, plantings, a row of trees and/or a minimum thirty-inch-high/maximum forty-two-inch-high brick screen wall.

Circulation Standards. Section 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and Section 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and Section 30-8 and Section 30-9, this section shall supersede those standards.

As shown and agreed to in the concept plan attached hereto, one one-way entrance driveway shall be permitted from River Road.

One two-way entrance/exit driveway shall be permitted from Cedar Avenue.

Parking may be permitted within the front yard along Cedar Avenue, provided it is set back a minimum of 4.9 feet from the frot lot line along Cedar Avenue. In no event shall parking be located between the building and River Road.

The applicant shall provide intersection improvements on the applicant's portion of frontage on Block 31 Lot 1 at the intersection of River Road and Cedar Avenue as recommended in the Borough's Active Transportation Plan, which was adopted by the Borough Planning Board in 2017.

Bicycle parking for public use and residents shall be provided.

All loading shall only be permitted on-site.

Signs. Section 30-7.24, Signs, shall apply. Where a conflict occurs between this section and Section 30-7.24, this section shall supersede those standards.

Permitted signs in the AH Affordable Housing Zone.

Wall signs.

Each commercial store front shall be permitted one wall sign above the entrance to the storefront in the 'sign band'.

In no event shall a single wall sign exceed 5% of the 1st floor commercial facade.

Wall signs may be externally lit. In no event shall a wall sign be internally lit.

The maximum lettering height shall be 10 inches.

Freestanding signs.

One freestanding sign is permitted to be located to the west of the River Road entrance driveway as shown on the Concept Plan.

In no event shall the freestanding sign exceed 30 square feet.

The freestanding sign shall not be greater than eight feet in height.

The freestanding sign may be externally lit. In no event shall the sign be internally lit.

The sign shall be set back a minimum of three feet from the front property line.

The maximum lettering height shall be 10 inches.

Developer shall be permitted to utilize window signs pursuant to Section 30-7.24 of the Borough's code.

Awnings

Awnings shall have a metal structure covered with canvas, metal or like product.

Awnings may have a front skirt; the bottom of the skirt shall not be scalloped.

Awnings/canopies shall extend a maximum of three feet from the exterior wall into the front yard setback at a height of at least eight feet above sidewalk grade.

In no event shall a sign be permitted on an awning.

The first-floor corner commercial space may have an awning.

The commercial store fronts fronting along River Road may have awnings only if all the store fronts along River Road have awnings.

Lighting. Section 30-7.22c14, Lighting and Illumination, shall apply.

Design Standards.

Architectural. The attached River Road and Cedar Avenue M&M illustrative concept plan, elevations, and cross-section shall be used as guidelines.

Both the River Road and Cedar Avenue building facades shall be designed and treated as front facades

The building shall be composed of durable materials such as brick, stone or cement board. In no event shall EFIS be permitted.

There shall be no continuous front facade along River Road. The facade shall be vertically broken up into a minimum of three "bays". Each bay shall complement one another and be aesthetically pleasing.

Pedestrian entry ways and/or lobbies shall be prominent, well-lit and separate from service entrances.

A minimum of 60% of the ground floor front facades shall be glazed.

A minimum of 20% of the upper-story front facades shall be glazed.

Glazing shall be a minimum of 70% transparent.

The maximum sill height above sidewalk grade shall be 30 inches.

A horizontal architectural feature shall define the ground floor from the upper floors.

Each individual commercial use on the ground floor is required to have its own primary entrance.

The exterior walls of the building shall not have large blank or featureless expanses.

Retail openings for windows and windowpanes shall have a vertical dimension greater than or equal to the horizontal dimension and shall not be as a walk up or otherwise utilized for transactions.

Balconies, terraces, Juliet balconies, and sliding glass doors are permitted as shown on the concept plan.

Enclosure of rooftop areas, terraces, or balconies is not permitted.

Balconies.

The Developer shall make every effort to preclude balconies/outdoor areas for such uses including but not limited to storage, trash/recycling, laundry, grill, etc. so as not to create a fire hazard or other nuisance. Landlord shall prohibit the use of balconies from such uses in its residential leases and/or in in the Master Deed to the extent the residential units are condominiums.

Balconies shall be kept free of clutter as a means to maintain the overall aesthetics of the building facade.

Any violation of this provision shall be enforced against the tenant and not the landlord. However, landlord shall cooperate with the Borough in enforcement.

Utilities. Section 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and Section 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and Sections 30-8 and 30-9, this section shall supersede those standards.

Public utilities, transformers and primary and backup generator shall be located interior to the building, on the roof or vaulted underground within the pavement area of an adjacent street or sidewalk.

Individual window air conditioning units shall not be permitted.

Rooftop mechanical equipment shall be screened from public view. In addition, mechanical equipment shall be setback a minimum of six feet from the edge of the building.

Meters and access panels shall be integrated with street and building design.

Manholes, meters and access panels shall be constructed of materials and styles consistent with established design theme.

The developer shall coordinate all utility improvements with the responsible utility.

Backup generators for common areas are encouraged.

Landscaping and Buffering. Section 30-8 and Section 30-9 apply. Where a conflict occurs between this section of this ordinance and Sections 30-8 or 30-9, this section shall supersede those specific requirements.

A minimum buffer area of at least four feet shall be provided around the side and rear lot lines. The buffer area shall consist of a combination of deciduous and evergreen shrubs and trees. Plantings are encouraged to consist of native species.

If the topography of the site requires retaining walls, retaining walls shall be landscaped and be aesthetically pleasing. In no event shall a retaining wall be more than three feet tall.

Lighting. Section 30-9.2a12, Lighting, and Section 30-9.3c4, Lighting, shall apply. Where a conflict occurs between this section and Sections 30-9.2a12, and 30-9.3c4, this section shall supersede those standards.

The maximum height of light poles shall be 15 feet.

Full cutoff of fully shielded light fixtures are encouraged.

Floodlights shall not be directed toward the street or adjacent properties.

Only dimmable LED lighting elements shall be permitted.

Neon lighting is prohibited on commercial storefronts.

Flashing lights are prohibited.

Lighting shall be aesthetically unified and complimentary to the design of the building and site.

On site lighting shall not exceed 3000 Kelvin.

Signs.

Signs and awnings shall have a coordinated graphic design theme through the site plan. The design theme shall include the style and size of lettering, construction, materials, colors, size, lighting, color of letters, and background. These design theme elements shall be carefully considered in relation to the color and materials of the building, building design, and where the signs are proposed to be located.

Buildings shall be designed to include a 'signage zone' above the commercial use frontage and integrated into the overall architectural design of the building.

Stormwater Management.

Section 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and Section 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and Sections 30-8 and 30-9, this section shall supersede those standards.

The proposed improvement shall include design elements to reduce post development runoff.

The project shall utilize roof runoff recharge, rain gardens, and/or bioswales in accordance with the Concept Plan and NJDEP Stormwater Regulations when applicable.

Additional Design Standards.

To the extent feasible, the developer shall consider potential future interconnections to adjacent sites.

Pedestrian pathways/sidewalks that are included within a parking lot shall be made of a different surface material than the parking areas and are encouraged to include landscaping around the edges of the walkway.