Kearny City Zoning Code
§ 38-6.10
Planned Developments.
[Ord. No. 10-14-87 § 138-6.700; Ord. No. 12-12-90; Ord. No. 2004-(O)-64]
a.
General. Prior to approval of any planned development, the Planning Board shall find as required by N.J.S.A. 50:55D-45, the following facts and conclusions:
1.
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards applicable to the planned development.
2.
That the proposals of maintenance and the amount, location and purpose of the common open space are adequate.
3.
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.
4.
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
5.
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
b.
Planned Commercial Development Groups.
1.
Purpose. Planned commercial development groups shall be permitted in certain locations and under specific conditions to accommodate commercial or office uses or both and other uses incidental to the predominant use as hereinafter permitted.
2.
Required Area. The minimum contiguous size for planned commercial development groups shall be as follows:
C-3 and C-4 District: One acre
SKM District: Five acres
3.
Development Plan. The planned commercial development group shall be developed according to a plan as a single entity containing one or more structures with appurtenant common areas. The development plan shall demonstrate a coordinated treatment of building location, orientation and relationship; vehicular access, parking, pedestrian access and emergency access; landscaping, lighting and open space areas; and facility management, security and operations.
4.
Permitted Uses. Permitted uses shall be as follows:
(a)
C-3 Community Business District: Any principal and accessory uses permitted in the C-3 District other than residential uses and under the same conditions as prescribed therein.
(b)
C-4 General Business District: Principal and accessory uses permitted in the C-4 District other than residential uses and under the same conditions as prescribed therein.
(c)
SKI-N South Kearny Industrial-North and SKI-S South Kearny Industrial-South Districts:
(1)
Principal uses:
Bank and other financial institutions;
Department store;
Dry goods, clothing and variety store but not including outlet sales;
Food store;
Furniture store;
Hotel and conference facilities;
Movie theater;
Offices, business and professional;
Restaurants;
Fast food restaurants if developed as part of a shopping center building but which shall not include drive through service.
(2)
Accessory uses: Any accessory uses permitted in the C-3 District other than residential uses and under the same conditions as prescribed therein.
(3)
Other incidental uses: In the SKM[1] District, industrial uses permitted in the LI District may be permitted as part of a planned commercial development group, provided however that such use shall be incidental to the predominant use and shall conform to all other requirements of this chapter.
[1]
Editor's Note: Ordinance No. 2003-(O)-23 deleted the SKM-1 and SKM-2 Zones and added the SKI-N and SKI-S Zones. At the direction of the Town, the reference contained herein will be amended in a subsequent ordinance.
(4)
Conditional uses: Any conditional uses permitted in the SKI-N and SKI-S zone under the same conditions prescribed therein.
5.
Bulk Regulations. Planned commercial developments shall conform to the following bulk regulations:
(a)
Height regulations shall be the same as the height regulations in the SKM[2] Zone.
[2]
Editor's Note: Ordinance No. 2003-(O)-23 deleted the SKM-1 and SKM-2 Zones and added the SKI-N and SKI-S Zones. At the direction of the Town, the reference contained herein will be amended in a subsequent ordinance.
(b)
Improved lot coverage regulations shall be the same as the improved lot coverage regulations in the SKM[3] Zone.
[3]
Editor's Note: Ordinance No. 2003-(O)-23 deleted the SKM-1 and SKM-2 Zones and added the SKI-N and SKI-S Zones. At the direction of the Town, the reference contained herein will be amended in a subsequent ordinance.
c.
Planned Industrial Development Groups.
1.
Purpose. Planned industrial development groups shall be permitted in certain locations and under specific conditions to accommodate industrial uses in single planned development.
2.
Required Area. The minimum contiguous size for planned industrial development shall be 10 acres.
3.
Development Plan. The planned industrial development group shall be developed according to a plan as a single entity containing one or more structures with appurtenant common areas. The redevelopment plan shall demonstrate a coordinated treatment of building location, orientation and relationship; vehicular access, parking, pedestrian access and emergency access; landscaping, lighting and open space areas; and facilities management, security and operations.
4.
Permitted Uses and Bulk Regulations. Permitted uses and bulk regulations shall be the same as the district in which the planned industrial development group is located.
d.
Limited Income Housing.
1.
Conditions. Limited income housing (LIH) as required by and regulated in this chapter shall meet the following conditions:
(a)
LIH units within each such development in the CLH Zone shall be made available exclusively to limited income households at the ratio of not less than 50% low income households nor more than 50% moderate income households.
(b)
For purposes of this section, a lot income household is one having a total income which is not more than 50% of the median household income adjusted for household size in the Standard Metropolitan Statistical Area (SMSA), Newark, New Jersey Housing Region, as established by the United States Department of Housing and Urban Development (HUD) for the purpose of administering the Federal Housing Assistance Payments Program (Section 8) or by other generally accepted Federal or New Jersey data base. The aforesaid percentage may be amended from time to time as provided in this section.
For purposes of this section, a moderate income household is one having a total income which is not less than 50% nor more than 80% of the median household income adjusted for household size in the Standard Metropolitan Statistical Area (SMSA), Newark, New Jersey Housing Region, as established by the United States Department of Housing and Urban Development (HUD) for the purpose of administering the Federal Housing Assistance Payments Program (Section 8) or by other generally accepted Federal or New Jersey data base. The aforesaid percentages may be amended from time to time as provided in this section.
(c)
Occupancy of LIH units constructed under the provisions of this section shall be limited to low and moderate income households as defined in this section and shall be affordable to such households as follows:
(1)
In establishing affordability of a unit of a given number of bedrooms, such units must be affordable to household sizes as set forth below.
1 bedroom unit | 2 person household |
2 bedroom unit | 3 person household |
3 bedroom unit | 5 person household |
(2)
In the case of LIH units offered for sale, each unit shall be affordable to a household earning no more than 80% of the ceiling income for that household, by household size and income category, spending not more than 28% of its gross household income for the sum of the mortgage, based on: (i) a 10% down payment and realistically available mortgage interest rates; (ii) property taxes as currently levied in the Town of Kearny; (iii) insurance; and (iv) homeowners' association fees, if any. The proposed prices of LIH units to be offered for sale, and the calculation by which those prices have been determined, shall be submitted for approval by the applicant as a part of application for preliminary site plan approval.
(3)
In the case of LIH units offered for rent, they shall be rented for no more than 30% of the gross household income of the low or moderate income household, the rental to be inclusive of all services, maintenance and utilities. In the event that any utility or other charges are paid directly by the tenant, the maximum rental of 30% shall represent the sum of the contract rent and all such utility or other charges. Rents shall be set individually for each tenant on the basis of individually verified household income.
(d)
Sale or rental of LIH units shall be on the basis of income and residency of applying eligible households. Where the number of applicants exceed the number of LIH units available, the sale or rental of such units shall be in accordance with the date of application submitted, with earlier applicants being given preference over later applicants. The distribution of available LIH units shall be consistent with the proportion of income categories as provided in paragraph d, 1(a) above. Notwithstanding anything to the contrary contained herein, indigenous limited household applicants within the respective low or moderate income categories shall be given preference at all times over non-indigenous limited income household applicants within the same category.
(e)
All applicants for the purchase or rental of LIH units shall meet the income qualifications established in this section at the time the application is filed and shall be qualified at the time of taking title or occupancy.
(f)
All tenants of rented LIH units shall be required to give proof of continued income qualifications on the first and each subsequent anniversary date of taking occupancy. A household that ceases to meet the qualifications as a low income household but does meet the qualifications of a moderate income household may continue to occupy the unit, and the next moderate income unit to become available which is owned by the same owner as the unit changing from low to moderate income occupancy shall be rented to a low income household. Any tenant household having an income which on the first or any subsequent anniversary date of taking occupancy exceeds 125% of the current maximum income limitation for a moderate income household shall be required to vacate the rented unit upon nine months' written notice. Upon the issuance of the written notice to vacate, the limitation of rental charges as set forth in this section shall cease to apply and until the subject unit is vacated the owner shall be entitled to an increase in rent, provided that the increase does not exceed 30% of the amount by which the tenant's income exceeds the current maximum income limitation for a moderate income household. In the implementation of this paragraph, income limitations shall be adjusted for household size.
(g)
Any developer submitting an application for development which includes LIH units shall submit a plan for resale or rental controls to insure that the LIH units remain affordable to low and moderate income households for at least 30 years. Such plan shall contain all of those provisions set forth in this section, as well as conform to any regulations or guidelines adopted by the Town of Kearny or any governmental agency or nonprofit entity delegated this authority by the Town of Kearny.
(1)
Any plan for controlling the resale of LIH units shall permit the owner of such units, upon resale, to sell that unit for:
i.
The original sales price plus the original sales price multiplied by 75% of the percentage increase in the Consumer Price Index between the date of initial purchase and the date of resale.
ii.
Reimbursement for documented monetary outlays made for reasonable property improvements and
iii.
Reasonable costs incurred in selling unit.
(2)
Any such plan shall provide that the low income units upon resale may be sold only to low income households, and the moderate income units to either low or moderate income purchasers; provided, however, that the administering agency may establish reasonable provisions for waiver of this condition on a case by case basis in the event it finds that a particular unit may not feasibly be sold subject to this condition. In the event that the administering agency grants such a waiver, it may provide that the unit be sold at the formula price, and that the resale controls remain in effect for any subsequent sales of the unit.
(3)
The Town of Kearny may administer these controls directly, or may enter into an agreement with a nonprofit corporation or other governmental entity, or may permit the developer to administer these controls, either directly or through a nonprofit entity established by the developer, but in no event may the Town of Kearny require the developer to administer these controls as a condition of approval nor may the resale controls be ad-ministered merely by the existence of a deed restriction on the property.
(4)
Resale controls shall be embodied in a deed restriction on the property that shall be submitted by the developer at the time of preliminary site plan approval, and shall be subject to approval by the Town Attorney and by the administering agency. All deed restrictions shall be consistent with all of the provisions of this section, and with any regulations or guidelines adopted by the administering agency.
(5)
Any LIH unit offered as a rental unit shall continue to be offered as a rental unit for at least 15 years. After 15 years, they may be converted to condominium or cooperative occupancy, but must be sold at prices affordable to moderate income households, as defined herein, occupied by low or moderate income households, and subject to such resale controls as may be necessary to insure that the units will continue to be affordable to moderate income households for the remainder of the thirty-year period commencing with the issuance of certificates of occupancy on the last LIH unit in that development.
(6)
The administering agency, subject to review by the Town at the option of the Council, shall adopt such regulations and guidelines as may be necessary to carry out the provisions of paragraph (g) through (g)(6).
(h)
Notwithstanding any other provisions of this section, the Town of Kearny shall have the right to purchase, either directly or through a governmental agency or authority or through corporation under contract with the Town, any or all LIH units constructed in any development. Such right must be exercised by written notice to the developer within 30 days after the issuance of a construction permit or permits for the unit or units involved. Notice shall be mailed by certified mail return receipt requested, to the developer at the address of the developer set forth in the application for construction permit, and the notice shall become effective upon mailing.
The purchase price for any unit shall be the agreed upon estimated highest price at which the unit could be sold to a qualified low or moderate income purchaser, as the case may be.
Closing of title on the purchase of any unit or units shall take place within 30 days after the issuance of a certificate of occupancy for the unit or units.
2.
Administration. Except as to the provisions of paragraph (g) above, the administration and enforcement of the provisions of this paragraph as they pertain to LIH units shall be undertaken and performed by the Town Administrator, unless the Town Council shall by resolution designate a governmental agency or nonprofit entity to undertake and perform responsibilities.
3.
Periodic Review for Modification of Standards. The standards established in this section for qualification as a low income household, a moderate income household and the rental allowed to be charged for occupancy of LIH units shall be reviewed periodically by the Town Council which shall, from time to time, adopt such amendments to this section as are required to assure that such standards conform to the applicable decisional and statutory law of New Jersey. In the event that the standards established by this section are so amended hereafter, such amended standards shall apply to any LIH units which have been constructed pursuant to this section and which are in existence at the time that such standards are so amended.