Hillsdale City Zoning Code
ARTICLE XVIII
Conditional Uses
§ 310-66 Guiding principles.
It is recognized that certain uses, activities and structures may be necessary to serve the needs and convenience of the public. However, it is also recognized that such uses may be or become inimical to the public health, safety and general welfare if their establishment and maintenance are permitted without proper consideration being given to existing conditions and the character of the surrounding area. Such uses are hereby designated as conditional uses. The Planning Board is hereby granted original jurisdiction and discretionary power to grant a permit for conditional use under the following terms, conditions, stipulations and guiding principles:
A.
The use for which application is made shall be one that is specifically authorized as an exception use in the Schedule of Uses and Requirements[1] of this chapter for the district in which located.
[1]
Editor's Note: The Schedule of Uses and Requirements is on file in the Borough offices and is included as an attachment to this chapter.
B.
The proposed design, arrangement and nature of the particular use shall be such that the public health, safety and welfare will be protected and reasonable consideration afforded to the:
(1)
Character of the neighborhood and district.
(2)
Conservation of property values.
(3)
Potential congestion of vehicular traffic or creation of undue hazard.
(4)
Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
(5)
Principles and objectives of this chapter and the master plan of the Borough of Hillsdale.
C.
The Planning Board shall, before granting the conditional use permit, make a finding and determination that the particular use applied for will, in the judgment of the Board, meet the minimum standards specified for the particular use in § 310-67 and comply with such additional conditions and safeguards as, in the opinion of Planning Board, will tend to carry out the intent and objectives of this chapter.
D.
The Planning Board shall hear and decide the application in accordance with the procedure set forth in this chapter.
§ 310-67 Conditional uses.
[Amended 5-8-1984 by Ord. No. 84-9; 10-8-1985 by Ord. No. 85-16; 7-11-1989 by Ord. 89-18; 12-12-1989 by Ord. No. 89-23]
A.
Motor vehicle service stations. Motor vehicle service stations may be permitted in an commercial district if:
[Amended 5-13-1997 by Ord. No. 97-8]
(1)
A site plan meeting the requirements of this chapter shall be filed with the Planning Board showing, in addition to any other requirements for a site plan, the exact location of the motor vehicle service station, the number and location of fuel tanks to be installed, the dimensions and capacity of each tank, the depth at which the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed, the number of automobiles which may be garaged and a description of the nature and extent of the proposed use.
(2)
The requirements of the commercial district set forth in this chapter shall be complied with.
(3)
All fuel pumps shall be located at least 25 feet from any street line or property line.
(4)
No vehicles shall be permitted to be parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operation of the establishment and those being serviced by the station.
(5)
Driveways shall cross the sidewalk at right angles and shall not be more than 24 feet wide at any point. Driveways shall be at least 10 feet from any side lot line and 25 feet from the intersection of street lines. No more than two driveways shall be permitted for each 100 feet of street frontage.
(6)
The entire area of the site traversed by motor vehicles shall be hard-surfaced with bituminous concrete or asphalt.
(7)
The Planning Board shall determine that the site plan is appropriate to the area. A five-foot planting strip, suitably landscaped as recommended by the Borough Environmental Commission, shall be provided between curb cuts and along all other property lines.
(8)
No motor vehicle service station shall be located within 1,500 feet of any public entrance to a church, school, library, hospital, fire station, park, playground, charitable institution or place of public assemblage. Said distance shall be measured in a straight line along the center lines of streets forming the shortest route from a point in said center line opposite such public entrance to a point in said center line opposite the nearest boundary of the service station.
(9)
Any repair of motor vehicles shall be performed in a fully-enclosed building. No parts or partially dismantled motor vehicle shall be stored out-of-doors.
(11)
One freestanding sign, which may be internally or externally illuminated, shall be permitted for each street frontage, said sign not to exceed eight feet in height and 40 square feet in area.
[Amended 3-8-2016 by Ord. No. 16-06]
(12)
One wall sign shall be permitted per public street frontage. The wall sign shall comply with the provisions of § 310-65A(1)(b). Each permitted wall sign shall not exceed 24 square feet in area. Wall signs shall not project more than 12 inches from the building facade.
[Amended 3-8-2016 by Ord. No. 16-06]
(13)
Window signs shall be permitted in accordance with § 310-65E(1) through (5).
[Amended 3-8-2016 by Ord. No. 16-06]
B.
Public utilities. Public utilities, as defined in N.J.S.A. 48:2-13, shall be permitted in any zone district, provided that:
[Amended 5-1-2012 by Ord. No. 12-10]
(1)
Should a utility service provider propose, for any reason, whether or not required by law, permit, or order, that any design, redesign, construction, repair, replacement, improvement, modification, upgrade, rehabilitation, alteration, expansion, or addition to any existing or new facility, installation, structure, building, or property installation ("utility development") be located within any zone district, the utility service provider shall provide evidence, in the form and substance as herein required, or as requested by the land use reviewing board, demonstrating that the proposed utility development cannot be located in the Industrial Zone District of the Borough of Hillsdale, or elsewhere.
(2)
Should a utility service provider propose a utility development, said service provider must obtain site plan approval from the municipal land use board, pursuant to the requirements of Article XXIII of this chapter and all requirements contained in this § 310-67B, prior to commencing any site work on the utility development. Such utility development includes, but is not limited to, changes to electrical substations and their transmission and distribution of power networks; changes to the storage facilities or operations, including enclosed storage units or buildings, containment tanks or vessels, reservoirs and spillways; and the release, transmission, or distribution or transportation over land, by waterways, or through subsurface means of electricity, water, petroleum products, natural or manufactured gases, waste transfer, or any other utility services or utility products within the Borough of Hillsdale.
(3)
The proposed utility development shall not alter or modify the use or availability of the existing Borough, county or state roadway systems located within the Borough of Hillsdale unless specifically permitted in detail by the land use reviewing board.
(4)
The proposed utility development shall not alter or modify any properties and the improvements thereon owned or controlled by the Borough of Hillsdale, Bergen County or State of New Jersey. Such properties include, but are not limited to, roadways, municipal buildings, municipal parking areas, Board of Education buildings, recreational facilities, and open space.
(5)
The utility service provider shall submit to the municipal land use board, in the form and substance requested, an environmental impact study (EIS) demonstrating the utility development and shall be in full compliance with the stormwater management ordinances of the Borough of Hillsdale. The proposed utility development shall not cause, contribute to, or exacerbate the flooding of or detriment to a public or private roadway, public or private watercourse, or municipal or private property. Proof of meeting this requirement shall be included in the EIS submitted to the land use board.
(6)
The submitted EIS shall include information showing that the proposed utility development shall not impair or divert the movement of wildlife across open spaces either on or below the ground surface, or in the air, in such a way that would be detrimental to the Borough environment. In the alternative, the EIS shall show, or the applicant shall provide through testimony, that such relocation or natural movement of wildlife will not occur or shall be mitigated within the utility property through proven methods. The utility provider shall employ a third-party, New Jersey Department of Environmental Protection, state-recognized, environmental advocate or advocacy organization to approve such mitigation methods or to confirm that no wildlife mitigation is required.
(7)
The proposed utility development shall not cause or contribute to the release of stray electric current or voltage or static charge, or cause or contribute to the mobilization of toxic or hazardous substances or contamination of groundwater or surface waters, or result in a noxious fumes or hazardous materials on a Borough public or private roadway or on municipal or private property located within the Borough.
(8)
The proposed utility development shall not at any time negatively impact or reduce the level of service of the Borough's transportation system, including, but not limited to, roadways, pedestrian passageways, and mass transit systems.
(9)
The proposed utility development shall not negatively impact, cause additional travel time for, cause delays in, or compromise the Borough's provision of emergency services to its residents, its businesses, and to area municipalities.
(10)
During the course of its public hearing before the land use board, the proposed utility provider shall provide testimony that, should its installation include a component for emergency procedures or events, such component shall not compromise the general health, welfare, and safety of the Borough of Hillsdale residents and employees of commercial enterprises.
(11)
To confirm that there is no negative impact to the Borough's transportation system or provision of emergency services, the utility service provider applicant shall submit referrals to the municipal police, ambulance corps, Fire Department, Office of Emergency Management, and local and regional Boards of Education, for review of the application, to determine that there will be no negative impact on emergency services. Affidavits showing that the necessary referrals have been made at least 30 days prior to the public hearing on the matter are required.
(12)
In an effort to protect the desirable visual environment of the Borough, to prevent potential devaluation of lands within the Borough, and consistent with the purposes of zoning contained within the Municipal Land Use Law,[1] the utility development shall be visually buffered at all times of the year from all adjacent properties, including, but not limited to, public and residential property. Buffers shall provide a solid barrier from view of the utility development from adjacent residential lands and municipal open space or parks or from lands used for residential purposes. The only exception to this requirement is where the utility development and/or infrastructure is located on public lands or within the public rights-of-way and visual screening is deemed impracticable by the reviewing land use board. The maximum height of a solid, man-made barrier shall be no greater than that permitted in the zone district for fences. Visual mitigation may also include, but is not limited to, colorized or architecturally treated construction materials to visually blend with vegetated surroundings, mass evergreen or pine plantings, or other means deemed appropriate by the reviewing land use board. Buffers may be planted on adjacent residential properties to achieve the same barrier effect, with approval by the reviewing land use board and the property owner on which the buffer will be planted. Tree removal restitution shall be as prescribed in other sections of the Land Use Ordinance.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(13)
As part of the conditional use and site plan approval process for a proposed new utility development or an existing utility development, the application shall include an environmental impact study (EIS) in the form and substance requested by the municipal land use board. The EIS shall provide, at a minimum, that the proposed utility development shall not produce heat, cold, fumes, or energy into the air, upon the ground surface or into groundwater without a balanced environment for the same, either through natural plantings, mechanical conditioning, or choice of colors and materials. Ambient temperatures over the lands to be improved shall be maintained from the preconstruction environment or shall be compensated within the utility development or on lands within the Borough.
(14)
The site plan shall include a lighting plan, which will be designed so that all site, emergency, security, or architectural lighting of the proposed utility development shall be shielded. The light source element and light glare shall not be visible at any angle from adjacent residential properties and shall not produce trespassing glare to the public rights-of-way, thoroughfares, or pedestrian walkways.
(15)
The site plan shall include a temporary traffic control plan to maintain a safe environment for both motorists and pedestrians. The proposed utility development shall provide for temporary traffic controls during construction, as approved by the Borough and the County Engineer. Such traffic controls may include temporary traffic signals or warning devices, traffic control personnel, temporary bridges, temporary pedestrian walkways and structures, and placement and availability of emergency service vehicles to remove disabled motorists if such impairment affects the local transportation network of streets and roadways. Determination and need for the above by the Borough Engineer shall be made upon presentation and review of traffic circulation/mitigation studies submitted to the reviewing land use board.
(16)
Subject to the review of the land use board, the proposed utility development shall not produce any noise, sound, or vibrations, either intermittent or continuous, above the limits of accepted standards for noise decibel volume at the utility company property line at any time, considering all times of the year. Such sound or vibration emanation shall be effectively buffered by either proven mechanical or natural means, as shown by environmental and/or mechanical studies presented to the reviewing land use board as part of the site plan application. This may include power emergency generators, standby or stored vehicles or equipment, pumps and mechanical devices, transformers, meters, valves, and high-velocity movement of utility products either above or below the ground surface.
(17)
The utility provider's site plan shall include sustainable building practices to promote the utilization of renewable energy resources consistent with the purposes of the Municipal Land Use Law.
(18)
All bulk and design standards of the underlying zone district in which the utility development is located shall be followed.
C.
Apparel laundries and apparel dry-cleaning establishments. These uses may be permitted in any C Commercial or I Industrial District only if:
(1)
A site plan meeting the requirements of this chapter shall be filed with the Planning Board, in triplicate, by the applicant.
(2)
Items intended for laundering or dry cleaning shall not be received in wholesale lots or bulk lots, but shall be received only from the owners thereof at retail.
(3)
An establishment shall not exceed a gross floor area of 1,600 square feet.
(4)
An establishment shall not be permitted in any premises occupied or used in part as a dwelling unit.
(5)
An establishment shall not be permitted within 200 feet of any existing noncommercial use.
(6)
An establishment shall be permitted to operate only with an employee attendant present at all times of operation.
(7)
No establishment shall be permitted that shall be noxious or injurious to adjacent properties by reason of noise, odor, glare or vibration.
D.
Nursing homes. Nursing homes may be permitted in the SP Semipublic District only if:
(1)
A site plan meeting the requirements of this chapter shall be filed with the Planning Board, in triplicate, by the applicant.
(2)
The nursing home shall be duly licensed under the New Jersey Nursing Home and Hospital Licensing Act (N.J.S.A. 30:11-1 et seq.) and shall conform in all respects to the standards prescribed by the appropriate agencies of the State of New Jersey.
(3)
The structure or use shall conform to all requirements for the SP Zone District.
(4)
Off-street parking facilities as required by § 310-59 shall be provided on the premises in the rear and side yards, but not in the front yard.
(5)
One sign shall be permitted and may bear only the name of the establishment and the street address. If such sign is to be illuminated, the illumination shall be from within. Such sign shall not exceed four square feet in area on either side and five feet in height and shall be situated not less than five feet inside the property lines.
E.
Funeral homes. Funeral homes may be permitted in the SP Semipublic Zone if:
(1)
A site plan meeting the requirements of this chapter shall be filed with the Planning Board, in triplicate, by the applicant.
(2)
It shall be determined by the Planning Board that the proposed use and construction plans will not adversely affect the value of adjacent properties, that the design of any structures or alterations will be in keeping with the general character of the area and that sufficient landscaping, including trees, shrubs and lawn, will be provided to serve as a buffer between the proposed use and any adjacent use other than another funeral home.
(3)
Off-street parking spaces shall be provided in accordance with the provisions of § 310-59 of this chapter. However, there shall be no parking in the front yard, and side-yard parking shall not be closer than 25 feet to any lot line.
[Amended 5-13-1997by Ord. No. 97-8]
(4)
The minimum lot area shall be 40,000 square feet, and a minimum yard depth of fifty feet shall be maintained on four sides of the building.
F.
Schools. Public, parochial or nonprofit private schools, but not trade, vocational, commercial or business schools, may be permitted in any residential district if:
(1)
A site plan meeting the requirements of this chapter shall be filed with the Planning Board, in triplicate, by the applicant.
(2)
The curriculum of the proposed school shall be approved by the New Jersey Department of Education.
(3)
The minimum lot area for an elementary school shall be five acres plus one additional acre for each 100 pupils. The minimum lot area for an intermediate school, high school or institution of higher learning shall be 10 acres, plus one additional acre for each 100 pupils. Not more than 35% of the site shall be covered by buildings.
(4)
The minimum street frontage for an elementary school shall be 150 feet. The minimum street frontage for all other schools shall be 400 feet.
(5)
A front and rear yard, each with a depth of not less than 100 feet, and two side yards, each with a width of not less than 50 feet, shall be provided. No parking shall be permitted within 25 feet of any street or property line; no organized play facility or area shall be permitted within 100 feet of any street or property line; and no buildings shall be allowed within 50 feet of any street or property line.
(6)
Off-street parking shall be provided in accordance with the requirements of § 310-59 of this chapter.
(7)
No driveway shall open onto a public street or road within 100 feet of an intersection of such street or road with another public street or road. In determining the suitability of proposed or existing driveways upon the site, the Board shall consider such factors as grade and sight distance, the number and pattern of driveways, the number, location and design of ingress and egress points, the volume of traffic which may be anticipated on the site and upon the adjoining roads and the condition and width of pavement of adjoining roads.
(8)
Illumination for night athletic activities shall be shielded from view from adjoining streets and residential uses.
G.
A satellite antenna which complies with the following requirements:
(1)
In all Residential Districts and in the commercial district, the antenna surface area, in square feet, shall be no more than 12. The equivalent diameter of the cable dish, in feet, shall be no more than four, and the maximum antenna height, in feet, shall be no more than eight.
(2)
In the Commercial District, the antenna surface area, in square feet, shall be no more than 50; the equivalent diameter of the cable dish, in feet, shall be no more than eight, and the maximum antenna height shall be no more than 12 feet.
[Amended 5-13-1997by Ord. No. 97-8]
(3)
The surface area of any reflective dish shall not exceed 12 square feet in all districts except the Commercial District where the size shall not exceed 50 square feet.
[Amended 5-13-1997 by Ord. No. 97-8]
(4)
The dish shall be erected on a secure ground-mounted foundation.
(5)
The overall height from the mean ground level to the highest point of the antenna or any attachments thereto when extended to their full height should not exceed the height, measured in feet, shown in the Schedule[2] for maximum antenna height in any one zoning district.
[2]
Editor's Note: The Schedule of Uses and Requirements is on file in the Borough offices and is included as an attachment to this chapter.
(6)
The antenna shall be located in the rear yard and not violate any yard and set back requirement of the main building.
(7)
The antenna shall be located and screened to minimize motor noise and visual impact from the street and adjacent properties. The ability to install the antenna in an unobtrusive location and to minimize noise and visual impact on adjacent property and from the street shall be a major factor in determining whether or not the conditional use is approved.
(8)
The antenna shall be designed for use by residents of the main building only.
(9)
Installation of satellite antenna on a flat roof is permitted only in the Commercial and Industrial Districts and on all public and private schools and municipal buildings, provided that such roof installations shall be no higher than four feet above the roofline and the dishes are concealed from public view.
(10)
Site plan approval by the Planning Board will be required for the installation of a satellite antenna in all zone districts. Each application shall include an antenna plan showing the specific design, location, size and construction of the proposed antenna which shall comply in all respects with the standards enumerated herein.
(11)
Application for site plan approval for a conditional use permit to install a satellite antenna shall be on forms provided by the Planning Board. The applicant shall pay the fee for conditional use permits as set forth in § 310-29.[3] The Planning Board shall then conduct a public hearing to determine if the conditional use requirements as set forth in § 310-66B and C have been satisfied.
(12)
Where the antenna surface area is less than a nineteen-inch diameter, the antenna is permitted in any district without conditions.
[Added 5-13-1997 by Ord. No. 97-8]
H.
Places of worship. Places of worship shall be permitted in any district if all of the following conditions are met:
(1)
A site plan meeting the requirements of Part 5 shall be filed with the Planning Board, in triplicate, by the applicant.
(2)
No parking shall be located closer than 15 feet to the property line of any adjacent residential lot. Such fifteen-foot buffer shall be screened in accordance with § 310-113D of this chapter. When parking areas abut zones other than residential, the requirements of the adjacent zone shall be applied regarding buffers, in addition to the requirements of § 310-113D.
(3)
Driveways shall be located as far away as practicable from existing or proposed street intersections.
(4)
The following off-street parking spaces shall be required:
(6)
Minimum lot size shall be two acres.
(8)
Minimum side yard and rear yard setbacks shall be equal to 0.90 times the actual building height.
(9)
There shall be no maximum total gross floor area for buildings other than the principal building, but in no case shall the total building coverage exceed the maximum building coverage requirements for the zone.
(10)
Places of worship currently in existence on the effective date of this chapter shall, if damaged or destroyed, be permitted to be rebuilt to the same building coverage and building height as existed prior to any damage or destruction.
I.
Age-restricted housing development.
[Added 2-6-2007 by Ord. No. 07-01]
(1)
Single-family detached age-restricted housing shall be permitted in the R-2 Zone if all of the following conditions are met:
(a)
Required minimum contiguous tract area, completely located within the Borough of Hillsdale: eight acres.
(b)
Site plan approval shall be required.
(c)
The plan shall address all issues of the tract's infrastructure, including but not limited to delivery of proper water supply, disposal of waste, trash, drainage and assurance of ingress and egress.
(d)
The applicant shall demonstrate through the site plan that each dwelling in the age-restricted housing development has an architectural theme with variations in design to provide harmonious, theme-related, earth-tone colors in the style and architectural character commonly referred to as Early Colonial, New England Colonial, Georgian, Federal, Queen Anne or Jeffersonian. Landscape plantings, building orientation on the lot, topography, natural features and individual dwelling unit design shall all be considered for the total tract development. Staggering unit setbacks, utilizing different exterior materials, changing rooflines and roof designs, altering building heights and types of windows, shutters, doors and facade orientation, and other creative design techniques are encouraged and will be considered by the Planning Board during its review process.
(e)
Roadway widths and improvements shall be in conformance with the Residential Site Improvement Standards.
(f)
A system of continuous walkways not less than four feet in width shall be provided throughout the development, along the roadway system and connecting to and including any common open space areas. The location of the sidewalks shall be confirmed during the site plan approval process.
(g)
At least 25% of the total tract of the age-restricted housing development shall be set aside as common open space. Where feasible, common open space areas shall include passive open space improvements such as walking paths or benches.
(h)
One freestanding sign located at each entrance to the tract is permitted. Such sign shall not exceed 15 square feet and shall be located so the sign bottom is flush with the ground, landscape plantings or retaining wall. The top of said sign shall not exceed 3.5 feet from the ground surface. The sign shall be surrounded by landscape plantings.
(i)
All signs shall be designed with a consistent theme incorporating letter style and construction material. The letter and background colors should be coordinated so that they do not violate any regulatory sign colors as required by state or federal standards.
(j)
All utilities shall be installed underground.
(k)
The site plan shall include a landscape plan detailing the type, size and location of plantings in the buffer area and throughout the development. The landscape plan shall be reviewed during the site plan process and by the Environmental Commission.
(l)
The landscape plan shall also show street tree plantings. Street trees shall be planted on both sides of the street a distance of no more than 30 feet apart.
(m)
Street lighting shall be provided on the site plan. Decorative lighting shall be provided, subject to the approval by the Planning Board during the site plan review.
(n)
The dwellings may consist of two stories and a basement. However, the second story shall contain no more than 900 square feet.
(o)
Each dwelling shall contain at least one bedroom and bathroom located on the main floor (ground story).
(p)
An attached two-car garage with a minimum floor area of 400 square feet shall be provided for each market-rate dwelling unit. Each unit shall also include a private driveway that provides two additional off-street parking spaces.
(q)
The sum of floor area of the first and second stories of each market-rate unit shall be between 2,500 square feet and 3,000 square feet. This figure includes the attached garage, but does not include any basement area.
(r)
Accessory detached structures, such as detached garages, sheds and private swimming pools are prohibited. Fencing surrounding the development is permitted, subject to a demonstration to the Planning Board during site plan review that such fencing does not interfere with the required landscape buffer effect of providing green screening. Fencing around individual dwelling units is prohibited.
(s)
Patios and/or decks on individual dwelling units must be included on the approved site plan. Any patio and/or deck not shown on the approved site plan shall not be permitted.
(t)
Buildings shall be set back a minimum of 25 feet from all exterior property lines of the tract.
(u)
A planted landscape buffer area shall extend from all exterior property lines of the tract a minimum depth of 20 feet. The buffer area may be included in the required twenty-five-foot building setback 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 generally permitted in the R-2 Zone. No buildings, driveways or sidewalks are permitted in the buffer area. Roadway access into and out of the age-restricted housing development may occur through the buffer area. The maximum total permitted roadway area within the buffer area shall not exceed 1,000 square feet. The buffer area will be approved as part of the site plan review, and will be subject to review by the Environmental Commission.
(v)
Patios, unroofed porches and unroofed decks less than four feet above finished grade which are less than 20% of the gross principle dwelling area footprint may extend 10 feet into the required twenty-five-foot setback referenced above. However, such improvements shall not be placed in the required landscape buffer area.
(w)
Maximum permitted building height: 30 feet.
(x)
Maximum total floor area ratio: 22%.
(y)
Maximum total impervious coverage: 28%. The impervious coverage calculations shall include all building footprints, driveways, walkways and deck areas. Surfaces such as brick pavers, laid stones, slate or timber with open joints shall all constitute 50% of impervious surface coverage. Wherever possible, brick pavers should be used for walkways, patios and driveways to reduce the impervious coverage.
(z)
Maximum total building coverage: 20%.
(aa)
Minimum side-to-side building separation: 30 feet.
(bb)
Minimum back-to-back building separation: 50 feet.
(cc)
Minimum setback from garage front to paved roadway: 28 feet. The attached garage structure and any second level located above the garage shall be set back a minimum of 28 feet from the paved roadway. The remainder of the dwelling may be set back a minimum of 25 feet from the paved roadway. In the instance of a corner lot, the dwelling must maintain the full required setback to both paved roadways.
(2)
Permitted accessory uses: recreational structures and facilities, as limited common elements to be used solely by unit owners of the age-restricted housing development and their guests. Such facilities shall comply with all applicable bulk requirements of the age-restricted housing development, including but not limited to the prohibition of such improvements in the required buffer area.
(3)
Growth share requirement.
(a)
All age-restricted housing developments that result in the construction of new market-rate dwelling units in the Borough of Hillsdale shall provide one affordable housing unit for every eight market rate units constructed. Affordable housing units being constructed on site shall be in conformance with COAH's third round rules at N.J.A.C. 5:94-1 et seq. and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., including but not limited to requirements regarding phasing schedule, controls on affordability, low/moderate income split, heating source, maximum rent and/or sales prices, affordability average, bedroom distribution, and affirmative marketing.
(b)
The affordable units may be developed in a duplex arrangement. If the growth share results in the need to construct more than two affordable units, the duplexes shall be located throughout the development so they are not immediately adjacent. Design techniques, such as placement of entry doors, garages and windows should be utilized so that the duplex containing the two attached affordable units appears to resemble one of the market rate single-family dwelling units. The duplex(es) shall maintain the bulk regulations established for the market-rate units with the following exceptions:
(c)
The developer may elect to provide a payment in lieu of construction of affordable housing units. The cost per market-rate unit shall be $34,117 or an amount not less than the payment-in-lieu figure prepared by the New Jersey Council on Affordable Housing (COAH) for COAH Housing Region 1, whichever shall be higher, unless otherwise restricted by law.
(d)
The developer may utilize a combination of construction of affordable units and payment in lieu of construction of affordable units to meet the growth share requirement. The total combination of construction of affordable housing and payment in lieu of construction of affordable housing shall equal the growth share generated by the development, including any fractional obligation.