North Caldwell City Zoning Code
§ 107-28.1
BAO Bloomfield Avenue Overlay District.
[Added 8-13-2019 by Ord. No. O-10-19]
A.
Purpose. The purpose of the BAO Bloomfield Avenue Overlay District is to create a realistic opportunity for the construction of low- and moderate-income housing in a suitable portion of the Borough of North Caldwell, and thereby help to address the fair share housing obligation of the Borough of North Caldwell under the New Jersey Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, the settlement agreement entered into between the Borough and Fair Share Housing Center ("FSHC") on December 11, 2018, the Borough's Housing Element and Fair Share Plan, and any applicable order of the Court, including a Judgment of Compliance and Repose Order. The BAO Bloomfield Avenue Overlay District encourages the development of low- and moderate-income housing by allowing for inclusionary multifamily residential above the ground floor; however, developers shall also have the option of developing in accordance with the underlying zone standards.
B.
Permitted uses. The uses permitted in the BAO Bloomfield Avenue Overlay District shall be identical to those uses permitted in the Office District as set forth at § 107-25A; provided, however, that any developer that elects to develop in accordance with the BAO Bloomfield Avenue Overlay District standards as set forth hereinbelow shall be required to provide residential apartments above the first floor of all buildings.
C.
Accessory uses. Permitted accessory uses in the BAO Bloomfield Avenue Overlay District shall be identical to those accessory uses permitted in the Office District as set forth at § 107-25B. In addition, permitted accessory uses in the BAO Bloomfield Avenue Overlay District shall include those accessory uses that are customary and incidental to residential apartments, including but not limited to community rooms and other ancillary uses to serve only the residents of the development. The requirements for permitted accessory uses shall be consistent with those set forth at § 107-25B.
D.
Affordable housing requirements.
(1)
All developments constructed in accordance with the BAO Bloomfield Avenue Overlay District standards shall be required to set aside a minimum percentage of the required residential apartment units for affordable housing. Where units will be for sale, the minimum set-aside shall be 20%. Where units will be for rent, the minimum set-aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
(2)
All affordable units to be produced pursuant to this section shall comply with the Borough's Affordable Housing Regulations at Article XVI of the Borough Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC")(N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, the Borough's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the Court, including a Judgment of Compliance and Repose Order. This includes, but is not limited to, the following requirements for all affordable units:
(a)
Low/moderate income split: A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units within each bedroom distribution, which shall be counted as part of the required number of low-income units within the development.
(b)
Bedroom mix: If the development is not age-restricted, the following bedroom mix shall apply:
[1]
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
[2]
At least 30% of all low- and moderate-income units shall be two-bedroom units;
[3]
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
[4]
The remaining units may be allocated among two-and three-bedroom units at the discretion of the developer.
(c)
Deed restriction period: All affordable units shall be deed restricted for a period of at least 30 years from the date of the initial occupancy of each affordable unit (the "Deed-Restriction Period"). The affordability controls shall expire only after they are properly released by the Borough and/or the Borough's administrative agent at the Borough's sole option in accordance with N.J.A.C. 5:80-26.11 for rental units or N.J.A.C. 5:80-26.5 for for-sale units.
(d)
Administrative agent: All affordable units shall be administered by a qualified administrative agent paid for by the developer, which may or may not be the Borough's administrative agent.
(e)
Other affordable housing unit requirements: Developers shall also comply with all of the other requirements of the Borough's Affordable Housing Regulations at Article XVI, including, but not limited to, 1) affirmative marketing requirements, 2) candidate qualification and screening requirements, 3) integrating the affordable units amongst the market-rate units, and 4) unit phasing requirements. Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.
E.
Area and bulk requirements. The area and bulk requirements for developers electing to build in accordance with the BAO Bloomfield Avenue Overlay District standards are set forth below. For developers not electing to build in accordance with the BAO Bloomfield Avenue Overlay District standards, the area and bulk regulations of the underlying zoning shall remain in full force and effect.
(1)
Minimum front footage: 150 feet at the curbline.
(2)
Minimum lot size: 22,500 square feet.
(3)
Minimum front yard setback: 20 feet.
(4)
Minimum side yard setback (each): 10 feet.
(5)
Minimum combined side yard setback: 40 feet.
(6)
Minimum rear yard setback: 15 feet.
(7)
Maximum building coverage: 35% of total lot size.
(8)
Maximum impervious coverage: 80% of total lot size.
(9)
Maximum density: 10 dwelling units per acre.
(10)
Maximum building height: 35 feet. Cooling towers, water storage towers, light stanchions, air conditioners and other rooftop structures shall be specifically regulated by the municipal agency, giving due consideration to the nature and characteristics of the building, the topography of the land on which it is situated and the general characteristics of the land surrounding the area.
F.
Additional requirements. The following additional requirements shall be complied with for developers electing to build in accordance with the BAO Bloomfield Avenue Overlay District standards.
(1)
The additional requirements set forth at § 107-25E shall be complied with.
(2)
Dwelling units.
(a)
Dwelling units shall only be located above the ground floor, except that ground-floor areas used for access to such uses shall be permitted.
(b)
Any dwelling unit shall contain a minimum habitable floor area of 600 square feet.
(c)
The gross floor area devoted to residential use, including hallways and other common areas accessory to the residential use, shall not exceed 2/3 of the total gross floor area of the building within which the residential use is located.
(3)
Off-street parking and loading.
(a)
The minimum number of off-street parking spaces to be provided shall be consistent with the requirements set forth at § 107-20D; with the exception, however, that permitted residential apartments shall be provided with off-street parking spaces consistent with the Residential Site Improvement Standards (N.J.A.C. 5:21).
(b)
The location and buffering requirements for the proposed parking area shall be consistent with those set forth at § 107-20E.
(c)
Off-street loading shall be consistent with the requirements set forth at §§ 107-20F and 107-25B(1)(b).
(4)
Stormwater detention. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect properties or the public storm drainage system. Stormwater shall be removed from all roofs, canopies and paved areas and carried away in an efficient and approved manner. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in the paved areas.
