Mount Arlington City Zoning Code
§ 17-31.5
Planned Developments.
Prior to approval of planned developments which shall include cluster residential and planned unit development, the Planning Board shall find the following facts and conclusions:
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance and site plan standards.
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location, and purpose of the common open space are adequate.
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light, air, recreation, quiet and visual enjoyment are adequate.
a.
Planned Unit Development (PUD).
Purpose. It is in the intent of the PUD Zone regulations to provide a realistic opportunity for the construction of a variety of housing types and income levels in the Borough, including housing for low- and moderate-income households; and to encourage the development of such lower income housing and other housing by providing specific land use regulations addressing those needs. These regulations are designed to meet the mandate of Mt. Laurel II.
For purposes of this section, low-income households are those with an income no greater than 50% of the median household income of the Newark Primary Metropolitan Statistical Area (PMSA), adjusted for household size, and the moderate-income households are those with incomes no greater than 80% and no less than 50% of the median household income of the Newark Primary Metropolitan Statistical Area, adjusted for household size. These maximum household income levels for low- and moderate-income households correspond to the very-low-income and low levels designated by the U.S. Department of Housing and Urban Development (HUD) for its Section 8 Rental Assistance Program for Newark PMSA and available from its Newark Area Office.
The applicant and approving authority may mutually agree that an applicant may contribute $10,000 for some of the low- and moderate-income units the applicant is obligated to construct in lieu of constructing the units, provided that the number of units in lieu of on-site construction cannot be greater than the indigenous need of the Borough as established by COAH.
(1)
Minimum tract size: 10 acres.
(2)
Minimum lot size: 5 acres.
(3)
Utilities Required. All such developments shall be served by public sewer and public water. The Planning Board, however, may permit nonresidential uses to be served by approved means of sewage treatment providing provision is made to connect these uses into public sewers when such sewers become available. The Planning Board may impose reasonable requirements to implement this requirement such as the installation of dry sewers.
(4)
Minimum Open Space and Buffers. A minimum of 25% of the site shall be in public open space. A minimum buffer strip as defined in Article VII of 75 feet shall be provided along all property lines.
(5)
Maximum Density and Number of Units. A PUD shall be developed in such a manner so as to limit the maximum density to eight bedrooms per gross tract acre. Gross acre shall include all areas within the tract boundary lines except:
(6)
Design. A PUD shall be designed in accordance with the standards and principles set forth in this Chapter.
(7)
Access. Principal access shall be from a collector road or higher (wider) road.
(8)
Maximum Height. No structure shall exceed 35 feet.
(9)
Permitted Types of Housing - single-family attached, detached, as provided in Section 17-31.7A, Single-Family Detached-PUD Zone, garden apartments and multi-structure as provided in Section 17-31.3, multi-structure development, and townhouses as provided in Section 17-31.4, townhouses shall be permitted except that the percentage of garden apartment units shall not exceed 25% of the total number of units and the percentage of single-family detached units shall not exceed 10% of the total number of units. Careful attention shall be given to providing appropriate and compatible land uses to that permitted in adjacent zones.
[Ord. No. 93-19]
(10)
Commercial Facilities. No less than 35% of the gross tract area shall be developed for commercial use, which is defined as any principal or accessory use permitted in the B-1 Zone, and/or any conditional use permitted in the RA-40 Zone.
(11)
Common Open Space. Ownership and maintenance of common open space shall be regulated in N.J.S.A. 40:55D-43, Standards for the Establishment of Open Space Organization, in the Municipal Land Use Law. Applicant shall submit for approval to the Planning Board Attorney and Borough Attorney all master deeds, maintenance agreements and homeowners and/or condominium association regulations as they affect the control, maintenance, and use of all common open space not deeded to the Borough.
(12)
Attorney's Certification of Compliance with Regulations of New Jersey Council on Affordable Housing. The applicant's attorney shall certify that all master deeds, maintenance agreements and homeowners and/or condominium association regulations are in compliance with the regulations of the Council on Affordable Housing. The certification shall specify the details of said compliance.
(13)
Timing. As part of preliminary site plan approval of the entire PUD, the Planning Board shall consider and establish a timing and phasing schedule including: (1) the number and type of dwelling units to be constructed annually; (2) timing of the construction and installation of improvements; and (3) when industrial, recreation, commercial and service uses shall be completed.
The Planning Board shall consider, in its approval of the timing and phasing schedule, the ability of the applicant to complete the work within the schedule, adequacy of municipal and private facilities needed to accommodate the residents of the PUD, and adequacy of design of each phase to stand independently of other phases at any time. As a guiding principle, nonresidential development shall proceed concurrently with residential development.
Approvals may stipulate that before building permits are issued for any subsequent phases or stages of a PUD, previously approved phases shall be complete and/or that certain improvement or recreational amenities shall be completed.
(14)
Approvals. Granting of preliminary approval shall convey to the applicant all rights set forth in N.J.S.A. 40:55D-49. Applicant shall be required to submit each phase to the Planning Board for final approval.
(15)
Improvements. The Planning Board shall approve, in the same manner as set forth in the Subdivision Section, all improvement plans.
(16)
Lower Income Housing Requirements.
(a)
Number and type of lower income dwelling units. The development in the PUD zone shall be required to provide 10% of the total number of on-site dwelling units to be affordable for lower income households, unless the in-lieu payment option is selected for the indigenous need portion. However, in no event shall the development be required to provide more than 36 such units. A minimum of 15% of all such low- and moderate-income units shall be three-bedroom units. At least 35% of the low- and moderate-income units shall be two-bedroom units. No more than 20% of all low- and moderate-income units may be efficiency units.
(c)
Eligibility Standard. One half of all lower income units shall meet HUD Section 8, or other assisted housing programs eligibility requirements for very-low-income (Mt. Laurel II low income) and 1/2 shall meet HUD eligibility requirements for lower income (Mt. Laurel II moderate income).
(e)
Maximum Monthly Housing Costs. The maximum monthly housing cost shall be 28% of the gross annual household income based on HUD's Section 8 income limits adjusted for household size for sales units and 30% for rental units. The average price of low- and moderate-income units shall be, as best as practicable, affordable to households at 57.5% of median income as contained in N.J.A.C. 5:92-12-4.
(f)
Subsidies. Government subsidies may be used at the discretion of the said applicant to fulfill the requirements of the section. The lack of subsidies shall in no way alter or diminish the lower income requirements of this section.
(g)
Resale and Rental of Lower Income Housing.
[i]
All low- and moderate-income dwelling units within the PUD zone shall be required to have covenants running with the land to control the resale price or sublease of for-sale units or to employ other legal mechanisms which shall be approved by the Borough Attorney and will, in his opinion, ensure that such housing will remain affordable to persons of low- and moderate-income for 30 years.
[ii]
The owner of all rental units shall provide legal documentation, to be approved by the Borough Attorney, to assure that rental units will remain affordable to persons of low and moderate income.
[iii]
In the event that no low- or moderate-income purchaser is found within 60 days after the unit is listed for sale with a realtor and the Borough is notified in writing of such listing, the low-income unit may be sold to a moderate-income purchaser or, if none is available, the unit shall be placed on the rental market at a rent consistent with low-income affordability. If no low income tenant is available that unit may be rented at a rent consistent with moderate-income affordability. If no tenant is found within 60 days after the unit is listed for rent, the unit may be sold to any interested purchaser. Proof of the attempt to sell and/or rent shall be submitted to and shall be satisfactory to the Housing Administrator. Resale controls shall remain in effect for any subsequent resales, leases, and subleases.
[iv]
Initial occupancy of low- and moderate-income housing units shall be such that no more than 50% of the units are made available to income eligible households that reside in the municipality or work in the municipality and reside elsewhere. Selection procedures shall be directed and administered by a Borough official appointed each year as the Housing Administrator by the Borough Council. The Borough Council may establish reasonable qualifications for occupants of low- and moderate-income housing and may arrange for third party administration of resale and tenant selection of low- and moderate-income housing.
[v]
The developer shall formulate and implement a written affirmative marketing plan consistent with N.J.A.C. 5.92-15.2. The affirmative marketing plan shall be realistically designed to ensure that low- and moderate-income persons of all races and ethnic groups are informed of the housing opportunities in the development, feel welcome to seek or buy or rent such housing and have the opportunity to buy or rent such housing. It shall include advertising and other similar outreach activities.
[vi]
Sales prices and rents may be increased in accordance with the annual Metropolitan New York Regional Consumer Price Index for Housing of the Department of Labor. For sales housing, the sales price may also be increased for documented monetary outlays for reasonable improvements previously approved by the Housing Administrator and reasonable costs incurred in selling the unit. After 30 years, all such units may be sold or rented without restrictions.
[vii]
Rental units may be converted to condominium units after 15 years, but any sale of condominium units shall be restricted to persons meeting moderate-income eligibility standards. After 30 years from the date of the issuance of the initial certificate of occupancy, including both rental and condominium occupancy, all such units may be sold or rented without restriction.
(h)
Phasing of Lower Income Housing.
[i]
Schedule for phasing. Low- and moderate-income housing shall be phased in accordance with the following schedule:
Minimum Percentage of Low- and Moderate-Income Housing Unit Certificates of Occupancy | Percentage of Total Market Housing Unit Certificates of Occupancy |
|---|---|
0 | 25 |
10 | 25+1 Unit |
50 | 50 |
75 | 75 |
100 | 90 |
-- | 100 |
[ii]
Any development in the PUD zone for which site plan approval has been approved shall be considered a single development for purposes of this § 17-31.5, regardless of whether parts or sections are sold or otherwise disposed of to persons or legal entities other than the one which received approval. All such approvals and conditions of approvals shall run with the land. Any tracts or parcels sold shall include documentation satisfactory to the Borough Attorney, setting forth the requirements for low- and moderate-income housing units.
(i)
Waiver of Fees. Notwithstanding any ordinance requirement of the Borough of Mount Arlington, the applicable approving agency shall waive the following municipal fees for every unit designated as low- and moderate-income housing:
(j)
Maximum Number of Units. Upon the construction and/or rehabilitation of 36 affordable low- and moderate-income housing units, the Planning Board, in its discretion, may refuse to consider further applications for multifamily housing in the PUD Zone. Should the Planning Board consider further applications for multifamily housing in the PUD Zone after the construction and/or rehabilitation of 36 affordable units, the maximum density permitted shall be six bedrooms per gross tract area as defined in § 17-31.5a(5) of this Article.
b.
Planned Cluster Residential Development Groups.
(1)
In any residential zone, an applicant for a major subdivision may apply to the Planning Board for a cluster subdivision. Such application, as proposed in a letter, shall be accompanied by a sketch plat indicating in general the plan and the area to be retained in open space or used for other municipal purposes.
If in the opinion of the Planning Board, such a development will assist in achieving the objectives of the Master Plan, Official Map, or other codes and ordinances, the applicant may be permitted to submit a cluster plan. The Planning Board shall have sole authority as to whether cluster shall be permitted. If the applicant proposes that the open space shall be dedicated to the Borough, then the Planning Board, shall request approval from the Borough Council that the open space or land resulting from the application of cluster development will be accepted by the Borough. If approval is not granted within 60 days from the date of referral, and the Planning Board approves submission of a cluster plan, the applicant may submit a cluster plan providing only for ownership of common land in accordance with the provisions of N.J.S.A. 40:55D-43 (Standards for the Establishment of Open Space Organization) of the Municipal Land Use Law.
(2)
Maximum Number of Lots. The maximum number of lots shall be determined by design of a conventional subdivision with the following areas excluded from consideration and as modified by Article XII.
(4)
Location and Use of Dedicated Lands. The Planning Board shall have full authority to approve or disapprove the locations and proposed uses of lands required to be dedicated in accordance with the foregoing and as guided in their decisions by this subsection and the following:
(a)
Lands required to be dedicated shall be so located so as to meet the needs of open spaces, parks, playgrounds, rights-of-way protecting major streams or open drainage way, buffer areas and other environmental criteria, for agricultural purposes, or to provide additional neighborhood area for recreational purposes or school purposes. The Planning Board shall make certain that not only Borough requirements shall be satisfied, but that dedicated area be so located as to meet any possible future needs of the neighborhood or region.
(b)
The Planning Board shall have full discretion as to the location and size of the various use need areas and their distribution. They shall not generally approve areas of less than five acres except when such a site is considered adequate for its specific use, and they shall make certain that a reasonable portion of required dedicated area shall be located so as to specifically serve the need of the development where located.
(5)
Disposition of Areas Dedicated.
(a)
Areas dedicated to the Borough of Mount Arlington shall be free and clear of all mortgages and encumbrances.
(b)
Areas dedicated by deed to a permanent property owners association, cooperative or condominium corporation, for their use, control and management for open space, recreational or agricultural use, shall be free and clear of all mortgages and encumbrances, provide appropriate restrictions to assure the effectuation of the purpose of this section and provide for the maintenance and control of the area. All requirements of N.J.S.A. 40:55D-43 of the Municipal Land Use Law shall apply.
c.
Planned Residential Development. It is the intent of the PRD-A Zone regulations to encourage a comprehensive and appropriate development of this zone to accommodate small lot single-family detached housing of a variety of housing configurations which would provide an appropriate transition from the higher intensity developed planned unit development zone of mixed, commercial and residential components to the adjoining larger lot area single-family development. The zone standards recognize and accommodate the critical site development constraints of this area.
(1)
Intent.
(a)
Minimum tract size: 50 acres.
(b)
Dwelling type permitted: single-family detached, patio homes, zero lot line homes, semi-detached dwellings.
(c)
Utilities. Public utilities including but not limited to sewer and water.
(e)
Lot area and bulk standards:
[i]
Minimum lot size: 7,500 square feet (interior lot).
[ii]
Minimum lot size: 10,000 square feet (corner lot).
[iii]
Minimum lot width: 65 feet (interior lot).
[iv]
Minimum front yard setback: 25 feet.
[v]
Minimum side yard setback:
One: 0 feet/20 feet.
Both: 20 feet.
[vi]
Minimum rear yard setback: 20 feet.
[vii]
Minimum common open space tract area: 50%.
[viii]
Maximum impervious lot coverage (individual residential lot): 50%.
(f)
Location and Use of Dedicated Lands. The Planning Board shall have full authority to approve or disapprove the locations and proposed uses of lands required to be dedicated in accordance with the foregoing and as guided in their decisions by this subsection and the following:
[i]
Lands required to be dedicated shall be so located so as to meet the needs of open spaces, parks, playgrounds, rights-of-way protecting major streams or open drainage way, buffer areas and other environmental criteria, for agricultural purposes, or to provide additional neighborhood area for recreational purposes or school purposes. The Planning Board shall make certain that not only Borough requirements shall be satisfied, but that dedicated area be so located as to meet any possible future needs of the neighborhood or region.
[ii]
The Planning Board shall have full discretion as to the location and size of the various use need areas and their distribution. They shall not generally approve areas of less than five acres except when such a site is considered adequate for its specific use, and they shall make certain that a reasonable portion or required dedicated area shall be located so as to specifically serve the need of the development where located.
(g)
Disposition of Areas Dedicated.
[i]
Areas dedicated to the Borough of Mount Arlington shall be free and clear of all mortgages and encumbrances.
[ii]
Areas dedicated by deed to a permanent property owners association, cooperative or condominium corporation, for their use, control and management for open space, recreational or agricultural use, shall be free and clear of all mortgages and encumbrances, provide appropriate restrictions to assure the effectuation of the purpose of this section and provide for the maintenance and control of the area. All requirements of N.J.S.A. 40:55D-43 of the Municipal Land Use Law shall apply.