North Caldwell City Zoning Code
§ 107-28.2
FRO Fairfield Road Overlay District.
[Added 8-13-2019 by Ord. No. O-11-19]
A.
Purpose. The purpose of the FRO Fairfield Road 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, which may be amended from time to time, and any applicable order of the Court, including a Judgment of Compliance and Repose Order. The FRO Fairfield Road Overlay District encourages the development of low- and moderate-income housing by allowing for inclusionary multifamily residential; however, developers shall also have the option of developing in accordance with the underlying zone standards.
B.
Permitted uses. The uses set forth below shall be permitted as a development alternative to the underlying zoned uses allowed by this chapter, but shall not replace the underlying zoning district. The principal permitted uses in the FRO Fairfield Road Overlay District are as follows:
C.
Accessory uses. Permitted accessory uses shall include any other accessory use that is customary and incidental to the permitted uses in the FRO Fairfield Road Overlay District, including but not limited to signs, solid waste storage enclosures, community rooms, and other ancillary uses to serve only the residents of the complex.
D.
Affordable housing requirements.
(1)
All single-family attached and multifamily apartment developments constructed in the FRO Fairfield Road Overlay District shall be required to set aside a minimum percentage of 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 in 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.
(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 the uses allowed in the FRO Fairfield Road Overlay District are set forth below. The bulk regulations of the underlying zoning district shall remain in full force and effect for development devoted exclusively to underlying zoning district permitted uses.
(1)
Minimum lot area: 35,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Minimum front yard setback: 30 feet.
(4)
Minimum side yard setback: 30 feet.
(5)
Minimum rear yard setback: 30 feet.
(6)
Minimum distance between buildings: 20 feet.
(7)
Maximum building height: 35 feet.
(8)
Maximum building coverage: 25%.
(9)
Maximum impervious coverage: 55%.
(10)
Maximum density: 10 dwelling units per acre.
(11)
Minimum buffer width along side and rear lot lines: 15 feet.
F.
Additional requirements.
(1)
Off-street parking requirements. Off-street parking for development in the FRO Fairfield Road Overlay District shall be provided in accordance with the following:
(a)
The minimum number of off-street parking spaces shall be as set forth in the Residential Site Improvement Standards (N.J.A.C. 5:21).
(b)
All parking areas, including drive aisles, shall be located a minimum of 10 feet from buildings and a minimum of 15 feet from property lines. Parking spaces are prohibited in the front yard. Under-building parking and attached garages shall be permitted, provided that same are oriented to the side or rear of the property and are not visible from the public right-of-way.
(c)
All parking areas shall be designed in accordance with the applicable provisions of § 107-20 of this chapter.
(d)
Adequate fire and emergency access must be provided subject to the Borough of North Caldwell Fire Department.
(e)
On-site parking shall not be provided for any use or to any party other than a resident or visitor of the site, nor shall parking areas be used for any purpose other than parking.
(f)
Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.
(g)
Adequate parking facilities for accessibility to people with mobility impairments shall be provided as required by the Americans with Disabilities Act (ADA).
(2)
Buffer requirements.
(a)
A minimum planted buffer area of 15 feet shall be planted along all side and rear lot lines. The buffer area shall be used only as a buffer planting strip on which shall be placed evergreen trees, shrubbery, berms, hedges, fencing and/or other suitable elements sufficient to constitute an effective screen.
(b)
Buffers shall provide a year-round visual screen in order to minimize adverse impacts from the site on adjacent properties or from adjacent areas. If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemented by additional evergreen plantings and/or fencing to provide the required landscaped screen.
(c)
No structure, activity, storage of materials, drive aisles or parking spaces shall be permitted in the buffer area, other than the crossing of utilities or nonstructural stormwater measures.
(d)
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently, and any plant material that does not live shall be replaced within one year or one growing season, provided all landscape plans as approved shall be continually complied with.
(3)
Signs. Signs are permitted and shall be subject to the requirements outlined under § 107-31 of this chapter.
(4)
Fences and retaining walls. Fences and retaining walls are permitted and shall be subject to the requirements outlined under § 107-32 of this chapter.
(5)
Refuse and recycling. All refuse and recycling material shall be stored at all times in airtight covered containers which shall be kept in a centrally located, concealed area. They may be stored in private garages or outside of buildings. If the materials are stored outside, they must be kept in a permanent enclosure with a latching gate in a centrally located, concealed area approved by the Planning Board. Where an enclosure is visible from the public right-of-way, it shall be supplemented with a hedge and/or other suitable plantings to provide an effective screen.
(6)
Lighting.
(a)
Adequate lighting shall be provided for all common areas and pedestrian walkways.
(b)
All lighting fixtures shall be so arranged so that the direct source of light is not visible from any adjacent residential properties, as approved by the Planning Board.
(c)
A lighting plan shall be prepared to allow a determination of lighting impacts on adjacent properties and public rights-of-way.
(7)
Sidewalks. Sidewalks shall be provided along Fairfield Road at a minimum width of five feet.
(8)
General design standards.
(a)
Design: Building plans and elevations shall show a variation in design to be achieved by the types of roof, heights of eaves and peaks, building materials and architectural treatment of the building facade that is utilized. The following design standards shall be utilized:
[1]
Architectural elements such as varied roof forms, articulation of the facade, breaks in the roof, and walls with texture materials and ornamental details should be incorporated to add visual interest.
[2]
Roof height, pitch, ridgelines and roof materials should be varied to create visual interest and avoid repetition.
[3]
Architectural elements such as fenestrations and recessed planes should be incorporated into facade design. Architectural treatment shall be applied to all elevations of a building.
[4]
A variety of building colors, materials and textures are encouraged.
[5]
Architectural features that enhance the facade or building form, such as decorative moldings, windows, shutters, dormers, chimneys, balconies and railings, are encouraged.
(b)
Equipment: Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.
(c)
Accessory buildings: Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings. All accessory buildings shall be subject to the same minimum yard requirements as principal buildings.