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Little Ferry City Zoning Code

§ 35-120.6

Tract Development Standards for RF-A Riverfront Development Inclusionary Overlay A Zone.

[Ord. No. 1362-17-12 § 3F]
a. 
Minimum Nonresidential Development. A floor area equal to at least fifteen (15%) percent of the sum of the ground floor areas of all of the buildings in the proposed development, taken together, shall be required to be devoted to uses such as retail shops and services; banks; travel agencies; concierge and ticketing services; cafeterias and restaurants, provided that any cafeteria or restaurant accessible directly to the out of doors shall provide indoor table service and, in season, shall provide outdoor (sidewalk) table service; spas; fitness centers; lobby areas open to the public; and the like. To the extent practicable, such uses shall be oriented toward and directly accessible from public ways and spaces along the river and/or along any roadways and driveways providing public access from Bergen Turnpike to the river.
b. 
Minimum and Maximum Residential Development. The number of residential units to be constructed within each RF-A Riverfront Development Inclusionary Overlay A Zone development shall be calculated as follows: a minimum of twenty-five (25) residential units per each acre of site area and a maximum of sixty (60) residential units per each acre of site area. Components of a CCRC shall not be considered a residential development for the purposes of applying these calculations. Notwithstanding the foregoing, it is acknowledged that the Agreement with 110 Bergen Turnpike, LLC, affecting Lot 2 in Block 25 and fully executed on July 2, 2011, which provides for the construction of up to twenty-eight (28) low- and moderate-income units without mandating the construction of any market-rate residential units, exempts the developer of that lot from the minimum residential development requirement set forth herein. Such an exemption also may be requested by any developer and approved by the Borough for any other development in the RF-A Riverfront Development Inclusionary Overlay A Zone based on an executed agreement between the developer and the Borough of Little Ferry wherein the developer will provide the number of affordable units otherwise required based upon the mandatory residential component without having to construct any market-rate residential units.
1. 
Except as specified in paragraph b above with regard to Lot 2 in Block 25, development within the RF-A Riverfront Development Inclusionary Overlay A Zone shall include a mixture of residential uses and nonresidential uses. The required and permitted nonresidential uses shall be constructed in addition to the required and permitted residential development.
2. 
All residential density figures shall be calculated based upon the gross site area, after deducting the existing rights-of-way along Bergen Turnpike and Route 46.
3. 
Except as specified in paragraph b above with regard to Lot 2 in Block 25, a minimum of twenty (20%) percent of all of the residential units constructed shall be provided as affordable housing units in accordance with paragraph h,1 herein, except that if all of the proposed affordable housing units will be maintained as rental units, then only a minimum of fifteen (15%) percent of all residential units constructed need to be provided as affordable housing units.
c. 
Maximum Building Height. Building height shall be inclusive of all parking levels and all habitable floors of the building and shall be measured in accordance with the definition of building height in Section 35-103. Building height shall be varied on each site to avoid the appearance of a monolithic building mass. Within the first one hundred (100) feet of Bergen Turnpike, no building or portion thereof shall exceed a height of four (4) stories and fort-eight (48) feet. Within the first two hundred (200) feet of Bergen Turnpike, but beyond the first one hundred (100) feet of said streets, no building or portion thereof shall exceed a height of eight (8) stories and ninety-six (96) feet. Buildings or portions thereof located at least two hundred (200) feet from Bergen Turnpike may be constructed to a height of up to twelve (12) stories and one hundred forty-four (144) feet, provided however, that the twelve (12) stories and one hundred forty-four (144) feet may be increased to a maximum of fourteen (14) stories and one hundred sixty-eight (168) feet where the footprint of all stories over the tenth story is reduced to eighty-five (85%) percent of the footprint of the 10th story (comparing the measurement of the outer extent of any private balconies on the floors above the 10th story to the measurement of the outer limits of the 10th story walls). To the extent practicable, the resulting step-backs shall be oriented west, toward Bergen Turnpike, and north, toward Route 46. Notwithstanding the foregoing, for any building located adjacent to a proposed street or private way that will provide public access to the river, the façade of all stories above the first six (6) stories shall be stepped in at least six (6) feet from the façade of the first six (6) stories, provided that this requirement shall only apply to the building façade or facades that actually face such street or private way.
d. 
Maximum Building Coverage. Seventy-five (75%) percent of the tract area.
e. 
Maximum Lot Coverage (Impervious Surface Coverage). Eighty (80%) percent of the tract area.
f. 
Minimum Building and Parking Setbacks. Fifty (50%) feet from the Hackensack River (unless a greater setback is required by a State or Federal agency); twelve (12) feet from all other side or rear property lines; and twenty-five (25) feet from the right-of-way line of Bergen Turnpike and from any at-grade portions of Route 46. These setback requirements shall not apply to site improvements such as retaining walls, detention basins, signs and fencing, unless otherwise required by this section.
g. 
Minimum Open Space. At least twenty (20%) percent of the site shall consist of open space, exclusive of buildings, parking lots, access drives and any minimum required distances between such features, and such open space shall be designated and improved for use so as to create a riverfront promenade in addition to other walkways, sitting and picnic areas, playgrounds, open lawn areas, dog parks, permitted active or passive outdoor recreational uses, and surface and rooftop gardens. Said open space may be dedicated for public use or may be retained in private ownership but at least one-half (1/2) of said open space, including the entirety of the riverfront promenade, shall be accessible for public use and enjoyment. Open space intended for public use and enjoyment shall be accessible to the public or shall be made to be accessible to the public from off-site by means of roadways, parking areas and/or walkways. The location and proposed use and ownership of all open space shall be shown on the approved site plan for the development.
h. 
Minimum Affordable Housing Requirements.
1. 
Except as specified in paragraph b herein with respect to Lot 2 in Block 25, all developments in the RF-A Riverfront Development Inclusionary Overlay A Zone shall provide low- and moderate-income housing units at the rate of one affordable unit for each 5.67 market-priced dwelling units constructed, if the affordable units will be for rent, and at the rate of one (1) affordable unit for each four (4) market-priced dwelling units constructed, if the affordable units will be for sale. Components of a CCRC shall not be considered residential development for the purposes of applying these calculations.
2. 
The required low- and moderate-income housing units may be constructed on-site or off-site but within the Borough of Little Ferry provided any off site affordable housing construction shall be subject to applicable zoning regulations and shall require a separate site plan approval, which shall occur simultaneously with or shall precede site plan approval for the balance of the development. All of the low- and moderate-income housing units created in or as a result of the RF-A Riverfront Development Inclusionary Overlay A Zone shall comply with all applicable requirements of N.J.A.C. 5:97-1, et seq. (NJDCA's rules) and N.J.A.C. 5:80-26-1, et seq. (Uniform Housing Affordability Controls) and the Affordable Housing Ordinance of the Borough of Little Ferry in effect at the time of the grant of preliminary approval for the affected portion of the development.
3. 
The low and moderate-income affordable units shall be constructed pursuant to the phasing schedule, bedroom distribution and low- moderate-income split required by NJDCA's Rules and Little Ferry's Affordable Housing Ordinance, whether the affordable units are constructed on or off site. If constructed on site without the use of public subsidies, the affordable units shall be integrated throughout the development and shall utilize the same method of heating as the market units. If the affordable units are proposed to be separately financed through NJHMFA, Low Income Tax Credit financing or similar State or Federal funding program(s), they may be located in a separate stand-alone building containing one hundred (100%) percent affordable units, which building may be subdivided from the rest of the development following site plan approval to facilitate financing. However, in such cases, NJDCA's Rules pertaining to the phasing schedule for the construction of the market units in the balance of the development, the bedroom distribution and the low- moderate-income split shall be applicable to the separate affordable housing units. In the case of Lot 2, Block 25, which is covered by a Court-approved Agreement, the phasing schedule for the construction of the low- and moderate-income units shall be subject to the review and approval of the Court-appointed Master.
4. 
All of the affordable units created in the Borough shall be affirmatively marketed in accordance with the Borough's adopted Affirmative Marketing Plan.
5. 
A Developer's Agreement shall be executed between the applicant and the Mayor and Council setting forth with specificity the number of affordable housing units to be provided, the tenure of the affordable housing units to be provided (which affects the number), a commitment to comply with the terms of this section and NJDCA's Rules and Regulations, the UHAC Rules and the Borough's Affordable Housing Ordinance and Affirmative Marketing Plan, and a phasing plan that will ensure that the affordable units will in fact be built and phased in as part of the overall development of the site to ensure their completion and occupancy prior to the completion of the other components of the development.