North Haledon City Zoning Code
ARTICLE XVIII
Affordable Housing Townhouse District-1 AHTD-1
§ 600-109 Findings.
[Amended 8-11-1999 by Ord. No. 10-1999]
A.
Block 24, Lot 24, as further described in Schedule A,[1] is a tract of land that is 100.74 acres and located in the easterly portion of the Borough of North Haledon immediately contiguous to the boundary line of the Borough of Hawthorne. The tract is unique in many significant ways. It is a large tract consisting of approximately 100 acres, and it has very limited access for vehicular traffic. Because of the manner in which development has occurred in the Borough of Hawthorne contiguous to the tract on its easterly boundary, direct vehicular access is currently unavailable into Hawthorne. Much of the tract on its southerly boundary as well as its westerly boundary is contiguous to established and developed one-family homes fronting on minor, substandard streets that are not amenable to the influx of significant volumes of traffic. Effectively speaking, in order to make the development of the India Quarry tract compatible with the existing development character of the single-family zones contiguous to it, all of the traffic from the proposed multifamily zones to be generated by development on the tract must be oriented away from the existing road pattern of the Manor Road, Terrace Avenue, and Ridge Road areas. Additionally, the former utilization of the property as an active quarry for many decades has left a pervasive geophysical impact on the tract, with exposed cliff areas in excess of 80 feet running through substantial portions of the tract. Additionally, a man-made lake in the crater of the former quarry consisting of 15.52 acres has remained. Furthermore, the remaining areas of the property have unique attributes and topographic characteristics that further inhibit the options for development on the tract that includes 27.45 acres with slopes of greater than 15%. The India Quarry tract has been zoned for industrial development until December 1992 when the governing body determined that an industrial classification was no longer appropriate. At the time the industrial classification was established for the tract, it was an active quarry and the zone designation was suitable to the actual utilization. The quarry activities bridged the municipal boundary. Part of the quarry was located in Hawthorne and part in North Haledon. Access for vehicular traffic from Hawthorne is no longer available and, if the subject property were developed industrially, it would introduce into the residential areas of North Haledon contiguous to the tract industrial vehicular traffic that would be inappropriate both to the district as well as to the road system. The governing body finds and determines that the site was not realistically amenable nor suitable for industrial development and that its future potential and developability for industrial purposes was less in furtherance of the objectives of the Master Plan of the municipality than its rezoning as hereinafter provided would be. In December 1992, a significant portion of this property was rezoned into an Affordable Housing Townhouse District. Essentially, the portion of the tract so rezoned was the portion that is on the northerly and easterly and northwesterly boundaries of the lake and that portion of the tract that is contiguous to Hawthorne, as further described in Schedule B.[2] The remaining portion of Block 24, Lot 24, on the easterly boundary contiguous to the Ridge Road area is intended to be rezoned to a single-family district classification of RA-1 and on the southerly boundary contiguous to the Manor Road and Terrace Avenue areas was rezoned to a single-family zone district classification of RA-3.
B.
On December 16, 1998, the India Quarry tract was further rezoned. The primary purpose of this rezoning was to include all of Block 24, Lot 24, in the Affordable Housing Townhouse District-1 Zone, except for that portion of the tract in the Ridge Road area consisting of 10.5 ± acres that was to remain in the RA-1 Zone, as further described in Schedule C.[3] This rezoning would not only facilitate development of the India Quarry tract as an affordable housing district but would create a more effective buffer between development within the India Quarry site and the surrounding single-family homes in the Manor Road and Terrace Avenue areas. The overall number of housing units was also reduced. Furthermore, a 3.5-acre ± area of land between proposed road B and the property's westerly boundary as shown on Concept Plan D and as more particularly described in the metes and bounds in Schedule D[4] shall be a buffer area in which no buildings shall be constructed.
C.
The Borough of North Haledon essentially is a one-family developed community. In recent years, our courts and the State Legislature determined that there is a need for a variety of affordable housing throughout the state. The Fair Housing Act was adopted by the Legislature in response to the Mount Laurel decisions of the New Jersey Supreme Court. Pursuant to the Fair Housing Act, the Council on Affordable Housing has been created, and its purpose is to assure that a realistic opportunity for a variety of housing will be provided in municipalities that have an obligation to meet certain regional and local needs. COAH has determined that the Borough of North Haledon has an obligation to provide such a variety of housing. In order to meet, in part, that obligation, the Borough has heretofore adopted an Affordable Housing Townhouse District-1 Zone with Mount Laurel inclusionary units as a component. The governing body determines that, in order to further meet that obligation, the India Quarry site is appropriate for townhouse construction with affordable housing set-aside components. While the governing body finds and determines that the India Quarry site is appropriate for townhouse development, it also finds and determines that this site should be developed as a townhouse development, but in such a way as to not deleteriously affect the existing residential developed character of the areas contiguous to the tract.
D.
Accordingly, the rezoning of the tract for townhouse development provides for disparate zone district treatment of the entire tract so that a portion of it contiguous to the established one-family districts will be zoned for development consistent with and congruent to those existing developed districts and the townhouse development will be limited on the site to those portions of the tract that are appropriate to such use without a deleterious, negative impact upon the established zoning pattern and characteristics of the community. The article, therefore, has as its intent and purpose, and in furtherance of the objectives of the Master Plan, the encouragement and provision for the continuity of the established one-family character of the community. The governing body nevertheless determined and finds that it is appropriate that, on the India Quarry site, townhouse construction should be permitted with set-aside units. The governing body has further determined that the India Quarry site is also appropriate for the inclusion of affordable housing units that meet the spirit and intent of the Fair Housing Act. The governing body, accordingly, has provided in this district an enhanced permitted density factor in order to make it economically feasible for the developer to build Mount Laurel units. At the same time, the governing body determines that the within article should contain appropriate constraints and regulations that will provide for appropriate development of this environmentally sensitive tract.
E.
The Borough of North Haledon adopted an amendment to the Master Plan Housing Element. The amendment to the Master Plan Housing Element determined that the India Quarry tract was a suitable site for townhouse development of 301 units with a Mount Laurel set-aside of 53 units.
F.
The governing body finds that a portion of Block 24, Lot 24, consisting of 90.9 ± acres, as described in Schedule B,[5] shall be included in the Affordable Housing Townhouse District-1 Zone, and the maximum number of appropriate units is 287, of which 53 units shall be Mount Laurel set-aside units.
[5]
Editor's Note: Schedule B is on file in the office of the Borough Clerk.
G.
The governing body further determines that the remaining portion of Block 24, Lot 24, consisting of 10.5 ± acres, as described in Schedule C,[6] shall be included in the RA-1 District, and the appropriate number of single-family homes is 14.
[6]
Editor's Note: Schedule C is on file in the office of the Borough Clerk.
H.
The governing body has provided an enhanced density of the entire Block 24, Lot 24, in order to make it economically feasible for a developer to build Mount Laurel housing. The zoning reclassification of the tract, for a total of 301 units, consisting of 287 townhouse units and 14 detached one-family units, is an inducement to make it realistically possible for this tract to generate 53 affordable housing Mount Laurel set-aside units.
I.
At the same time, the governing body determines that the within article should contain appropriate constraints and regulations that will provide for appropriate development of this tract so as to be compatible with the surrounding single-family home district, while conforming to the rules and regulations of the New Jersey Council on Affordable Housing.
§ 600-110 Off-site road improvements and traffic control improvements.
Because of the uniqueness of the site herein rezoned, which permits a significantly enhanced density, and because of the critical need to protect against significant deleterious traffic impacts upon residential areas proximate to the site, the Board shall require, as a condition of approval, the construction and installation by the developer of certain off-site road improvements and traffic control improvements for the intersection of Linda Vista Avenue and North Haledon Avenue, for Terrace Avenue, and Ridge Road, to be described in the developer's agreement. It is hereby legislatively determined that, but for the said improvements at the cost of the developer, the enhanced density permitted by the within article would not be in the public interest. The developer shall, prior to the submission of any land use application to the Borough, execute an appropriate initial agreement assuring the construction of the said improvements, subject to such modifications as shall be required as the result of site plan approval by the Planning Board of North Haledon.
§ 600-111 Developer's agreement.
[Amended 8-11-1999 by Ord. No. 10-1999]
A.
The site being rezoned has geographical and locational attributes which render its potential development difficult and environmentally sensitive. The unique geophysical and locational attributes of the site become particularly critical because the within article contains an integral affordable housing set-aside component, which, to be financially viable, necessitates an enhanced density of free-market units. In order to insure that the site is, in fact, constructed substantially in accordance with the within article and the extensive environmental, engineering, planning, legal, and policy studies that have been conducted over an extensive period of time both by the developer and its staff and the Borough and its staff, it is hereby determined and ordained that no land use applications shall be submitted to the Planning Board or the Board of Adjustment, as the case may be, until the developer has executed a preliminary developer's agreement approved as to legal sufficiency by the Borough Attorney and approved as to substantive content by the Mayor and Council. This agreement shall identify inter alia specific off-site and on-site improvements that are deemed to be critical to the successful incorporation of this development into the Borough of North Haledon. A finalized developer's agreement shall be executed upon approval. The finalized developer's agreement shall be executed in recordable form by the record owners, and the owners shall provide an appropriate subordination to the developer's agreement by any record holders of mortgages or encumbrances.
B.
The applicant by its submission of a land development application to the Planning Board or Board of Adjustment understands and agrees that, as a condition of site plan approval, it will make improvements to the intersection of Linda Vista Avenue and North Haledon Avenue and to Terrace Avenue and Ridge Road and any other off-site improvements deemed to be appropriate by the Planning Board in accordance with N.J.S.A. 40:55D-42.
[Amended 11-2-2022 by Ord. No. 25-2022]
§ 600-112 Ingress and egress requirements.
[Amended 8-11-1999 by Ord. No. 10-1999]
Inasmuch as the construction of townhouse units on the site may have a negative impact upon the zoning plan and scheme of the Borough unless an adequate system of ingress and egress for vehicular traffic is provided, and since such ingress and egress through the existing street system in the detached one-family residential districts would be inappropriate, no land use application shall be filed unless the developer presents for review and approval by the governing body an executed agreement between the contract purchasers or owner and the contract purchaser or owner of appropriate contiguous property granting in perpetuity such rights of ingress and egress. In the event the Borough of North Haledon determines that, in order to have an appropriate development in the area, it should exercise its power of eminent domain for proper traffic movement, the applicant agrees to reimburse the Borough of North Haledon for its reasonable costs to condemn the ingress and egress easement.
§ 600-113 Access to contiguous roads in RA Zones prohibited.
Except as provided herein for emergency access, no traffic to or from the multifamily site shall have direct access to or from any contiguous roads in the RA Residential Zones. The governing body does hereby make an explicit legislative finding that to permit such direct access to or from roads in single-family detached dwelling districts would have a substantial deleterious impact on such areas, and the existing road system lacks the capacity to receive such augmented traffic flows.
§ 600-114 Applicability of relevant ordinances.
The provisions of all relevant ordinances of the Borough shall be applicable to any project on the site, unless such other provisions are explicitly made not applicable by the provisions of the within article. No provision of any relevant ordinance shall be deemed by inference to be not applicable, and the nonapplicability of any other ordinance shall be strictly limited to any express and specific language of nonapplicability that is included in the within article.
§ 600-115 Rules and regulations of COAH.
It is anticipated that from time to time the regulations of the Council on Affordable Housing may be changed, amended, or modified. All of the present regulations of the Council on Affordable Housing are hereby incorporated by reference as though fully set forth herein and shall be applicable to the inclusionary multifamily district, except as specifically modified by the within article. Any such amendment, change, or modification as shall be finally adopted from time to time by the Council on Affordable Housing shall be automatically determined to be made a part of the within article without the necessity of further amendment to the article.
§ 600-116 Lands included in district.
§ 600-117 Permitted uses.
In the AHTD-1 Zone District, townhouse units shall be a permitted use in accordance with the conditions, standards, and restrictions provided in the within article.
§ 600-118 Definitions.
The following words and terms shall have the definitions hereafter provided:
An accessory use is any use which is subordinate but related and customarily incidental to the principal permitted use, such as:
Signs as otherwise regulated in the Borough ordinances.
Swimming pools, tennis courts, other outdoor noncommercial (i.e., not open to the public at large) recreational facilities, and recreational clubhouses.
Private garages and off-street parking for private vehicles, excluding trucks which exceed three-fourths-ton capacity.
One convenience shop for the entire gross development area.
All roadways and streets within the development and which are designed to provide vehicular circulation of general benefit to the development rather than to provide limited access to particular clusters of townhouse buildings in the development. The following shall not be considered access roads: any road, street, or driveway running through parking areas and any road or street that has townhouse units on each side and which does not extend off site. All roadways in a development which do not meet the definition of an "access road" shall be deemed internal streets/driveways. An access road shall be no smaller in width than 30 feet, including right-of-way and pavement, and its right-of-way may coincide with its paved area. No parking shall be permitted on any access road.
A parcel of land or water area dedicated and designed for the use and enjoyment of the owners and residents of the development, provided that said area may be improved with buildings, structures and facilities incidental to the recreation use. Motorized watercraft are expressly prohibited.
[Amended 8-11-1999 by Ord. No. 10-1999]
A story partly above grade level having more than 1/2 of its floor-to-ceiling height above the average level of the adjoining ground. For the purposes of this chapter, a basement used for residential purposes must have more than 50% of its volume of space above the grade elevation to qualify as a story.
A room for sleeping of a size conforming with applicable law.
The Planning Board or the Board of Adjustment, as the case may be.
The percentage of gross development site area that is occupied by buildings, including the plan projection of all projecting roof areas.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
An area of unimproved land or water areas, including wetlands, within the gross development site area; provided, however, that recreational facilities with attendant buildings, structures and facilities may be situated therein, as well as common building areas.
A facility designed to sell milk, bread, coffee, newspapers, and certain other staple items, provided that such shop:
A street with a single means of ingress and egress and has a turnaround, the design of which may vary. A divided-type entrance roadway to at least the first cross-street with a median of sufficient width to insure freedom of continued emergency access by lanes on one side shall not be considered part of a cul-de-sac. Streets serving multifamily developments with a single means of ingress and egress and with shared parking facilities shall not be included within the definition of "cul-de-sac."
[Added 8-11-1999 by Ord. No. 10-1999]
A two-unit building which has one or two habitable floors with internal connecting stairs.
A dwelling unit which has one habitable floor and which has one means of egress.
The entire area of the tract in the AHTD Zone, including water bodies and wetlands.
Any road, street, or driveway which does not meet the definition of an "access road." An internal street/driveway shall be no smaller in width than 26 feet, including right-of-way and pavement, and its right-of-way may coincide with its paved area.
The finished and heated area of a dwelling unit that is fully enclosed by the inside surfaces of walls and windows, excluding cellars, basements, attics, porches, garages, terraces, carports, heating rooms and any unheated area. The ceiling height of 75% of the area must be at least seven feet six inches.
The individual parking area servicing each unit in the development.
A set of development standards for all types of residential development required for all New Jersey municipalities.
The shortest horizontal distance measured from any external lot line to the nearest point of construction within the development.
That portion of a building included between the surface of any floor and the surface of the floor above it.[1]
A building containing two or more dwelling units, either unit separated from one another by plane vertical party walls (horizontal townhouses) or built one-over-one dwelling units (vertical townhouses), separate and apart, each having direct access to the outside and the street without use of a common hall or passageway.
[1]
Editor's Note: The former definition of "total site coverage," which immediately followed this definition, was repealed 8-15-2018 by Ord. No. 15-2018.
§ 600-119 Conformity with article required.
No tract, parcel or lot may be developed except in conformity with the within article.
§ 600-120 Design standards.
Townhouse units shall be designed in accordance with the following standards:
A.
Maximum building or structure length: 150 feet for market-rate non-Mount-Laurel structures and 160 feet for structures with Mount Laurel units contained therein.
[Amended 8-11-1999 by Ord. No. 10-1999]
B.
Horizontal townhouse building, maximum number of units in a single structure: six.
[Amended 8-11-1999 by Ord. No. 10-1999]
C.
A building which has both vertical and horizontal units, maximum number of units in a single structure: 12.
D.
Maximum building height: 3 1/2 stories, not to exceed 45 feet, except that, on a slope, a building may have four exposed stories at the lower portion of the slope.
E.
Maximum number of habitable stories: three, except that an additional area of not more than 50% of the base story in a permitted four-story structure may be used for habitable purposes that shall not include recreation, garaging, storage, and utilities.
F.
Maximum number of horizontal units before a horizontal break: three.
G.
Minimum break in horizontal alignment: four feet.
I.
Minimum building setback from access roads: 30 feet at the end of the building, but 15 feet otherwise.
J.
Minimum building setbacks from internal streets/driveways: 15 feet measured from the edge of pavement of the internal street/driveway.
K.
Minimum building setback from the parking areas: 10 feet.
L.
The minimum habitable floor area shall be provided by applicable law.
M.
Land use density requirements shall be as follows:
[Amended 8-11-1999 by Ord. No. 10-1999]
N.
Off-street parking requirements per dwelling unit shall be as follows, in accordance with Residential Site Improvement Standards requirements:
[Amended 8-11-1999 by Ord. No. 10-1999]
(1)
One-bedroom townhouse: 1.8 spaces per dwelling.
(2)
Two-bedroom townhouse: 2.3 parking spaces per dwelling.
(3)
Three-bedroom townhouse: 2.4 parking spaces per dwelling.
(4)
There shall be no parking of any vehicle along access roads.
(5)
Parking stall size: exclusive of access aisle, nine feet by 18 feet.
(6)
Accessory uses shall be served by the parking required per dwelling unit, except that, if a convenience shop is located within the development, appropriate additional parking spaces shall be provided in the proximity of the entrance to the recreational facility in which the convenience shop is located in the ratio of one space per 100 square feet of total floor area of the convenience shop. Any parking required for the convenience shop shall be credited toward the number of parking spaces required for the recreational facility in which the convenience shop is located.
§ 600-121 Area, bulk and yard regulations.
Area, bulk, and yard regulations shall be as follows:
A.
Subdivision/lot area. No subdivision of land located within the AHTD-1 District shall be granted until a conceptual site plan has been approved for the entire tract of land within the district in accordance with the requirements of this article. The development of the tract may be undertaken in phases in accordance with this article, and each phase shall be depicted on the conceptual site plan for the tract. At the request of the applicant, the Board, upon granting site plan approval for any particular development phase, may, as provided by law, concurrently grant approval to subdivide the remainder of the parcel into lots corresponding to the phases approved in the conceptual site plan. In granting preliminary subdivision or site plan approvals, the Board shall confer upon the applicant the protections afforded by N.J.S.A. 40:55D-49, pursuant to the statutory authority set forth in N.J.S.A. 40:55D-49(d).
B.
Minimum lot frontage along access roads: 50 feet.
C.
Setback of structures from AHTD district lines: 30 feet.
E.
Grades:
(1)
Maximum original grade of buildable area for structures: 30%, or such greater grade as the Planning Board, in its reasonable discretion, may approve upon a showing of the stability of the side slopes.
(2)
Maximum original grade for access roads, internal streets/driveways, and parking areas: 30%, or such greater grade as the Planning Board, in its reasonable discretion, may approve upon a showing of the stability of the side slopes.
(3)
Maximum improved grade for access roads: 12%.
(4)
Maximum improved grade for internal streets/driveways: 12%; and parking areas: 6%; provided, however, that the Planning Board may grant a waiver to permit steeper grades not to exceed 15% for driveways in recognition of the site conditions within the tract.
§ 600-122 Circulation requirements.
Circulation requirements shall be as follows:
A.
A length of not less than 100 feet of any access road that intersects with a public street shall be a divided roadway containing one exit and one entrance lane, each 20 feet in width and separated from each other at the point of intersection with the public road by a divider with an average width of not less than six feet. The development shall provide one or more means of access to the development for emergency purposes only. The emergency access may be provided by an extension of a public street in the adjoining single-family residential zone; however, provision to be approved by the Board shall be made to physically limit utilization of such emergency access to emergencies.
B.
Roadway width for access roads shall be a minimum of 30 feet and for internal streets/driveways shall be a minimum of 26 feet.
C.
Construction of pavement of all access roads shall conform to the Borough standards for public roads.
D.
Sidewalks or walkways on site shall be constructed in such locations as the Planning Board shall require in the interest of safety.
§ 600-123 Utility improvements and services.
A.
Water facilities.
(1)
The site shall be connected to a municipal water system or to an independent source if municipal service is not available.
(2)
All facilities shall be designed and installed in accordance with the standards of the applicable governmental bodies having jurisdiction thereof.
(3)
All water mains shall be of a size that shall be approved by the Haledon Water Department and shall be designed with fire hydrants to provide adequate fire protection in accordance with the recommendations of the National Fire Underwriters Board. The location of fire hydrants shall be approved by the Municipal Fire Department.
(4)
The water storage system shall conform to the recommendations of the National Fire Underwriters Board. A separate storage reservoir shall be provided. In the event that the Board determines that an off-site location of such storage facility is appropriate, the applicant shall pay its fair share of the cost for such off-site facility.
B.
Sanitary sewerage system. The development shall be serviced by a central sanitary sewage collection system discharging into the municipal wastewater facilities. The collection facilities shall be designed in accordance with the applicable ordinances of the Borough and with the standards of the New Jersey Department of Environmental Protection and/or appropriate local, county, state and federal officials and agencies.
C.
Drainage and stormwater management.
(1)
The development shall be serviced by a stormwater management system as provided by Chapter 516, Stormwater Management, of the Borough and shall conform to all relevant federal and state statutes, rules and regulations concerning stormwater management or flood control.
(2)
The development will be required to provide a comprehensive drainage system for the entire property, including a mandate that there will not be any increase in the rate of runoff from the property than as permitted by Chapter 516, Stormwater Management. Moreover, the applicant will be required to ensure that there will be no significant impact from this development to the adjoining properties.
D.
Electric, gas, telephone and cable television services, if available, shall be provided by the developer in accordance with the provisions of the New Jersey Administrative Code, Title 14. One master television antenna or one cable television connection shall be provided for each building and such other applicable laws and regulations.
E.
Street improvements, monuments, street names and other traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants and all aspects of street construction, as well as other improvements, shall be subject to local and state regulations and Board approval.
F.
Subject however to the provisions of N.J.S.A. 40:67-23.1 et seq., as may be applicable, the residents of the development through a duly organized homeowners' association or condominium association shall be required to provide for the upkeep and maintenance of internal streets/driveways, parking facilities, drainage facilities, streetlighting, and snowplowing, as well as all common areas and all on-site infrastructures not accepted for dedication by the municipality.
[Amended 8-11-1999 by Ord. No. 10-1999]
§ 600-124 Common open space requirements.
Common open space requirements shall be as follows:
A.
A minimum of 25% of the gross development site area shall be designated and designed for common open space, inclusive of the active recreational space specified in Subsection B below. Such area shall be optimally related to the overall plan and design of the development and shall provide that a portion thereof will be accessible and available to each unit owner of the development.
B.
A minimum of 10% of the gross development site area, not to exceed six acres, shall be designed and dedicated for active recreational purposes. Water areas shall be considered active recreation purposes. Said parcel or parcels of land shall be located where reasonably convenient to owners and residents of the units, but not detrimental to adjacent property owners or residents by virtue of noise, glare, light, dust or objectionable features. Such active recreational purposes shall not be located closer than 200 feet from an RA-1, RA-2 or RA-3 Zone.
C.
Land having slopes in excess of 20% and wet marshland (other than the lake) shall not qualify as active recreation space as required by this article.
D.
Active recreation space may be improved with facilities, buildings, and structures for indoor and outdoor recreational activities consistent with the residential character of the development and subject to the provisions of the within article and all applicable Borough ordinances.
E.
All improvements of the common open space area, as shown on the approved site plan, including recreational facilities, buildings and structures, shall be completed before certificates of occupancy shall be granted to more than 75% of the proposed dwelling units.
F.
All open space shall be connected to residential areas with walkways or other reasonable means of access.
§ 600-125 Garbage and refuse pickup.
[Amended 8-11-1999 by Ord. No. 10-1999]
Inasmuch as the Borough provides only curbside on a public street garbage and refuse pickup, and the garbage and refuse that would be generated by the 301 permitted units cannot conveniently or consistent with health, public safety, and aesthetic considerations be suitably placed for curbside pickup, the developer of the development or the homeowners' association or similar organization shall be required to provide at its own cost suitable arrangements for on-site pickup and suitable disposal off site, subject, however, to the provisions of N.J.S.A. 40:67-23.1 et seq., as may be applicable.
§ 600-126 General design standards.
General design standards of a townhouse shall be as follows:
A.
Each building and structure and each complex of the same shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development. Such variation shall result from the use of landscaping and the location and orientation of buildings and structures to the natural features of the site, as well as innovative and attractive architectural features. The affordable units shall be similar in style and quality to the free-market units.
B.
Landscaping.
(1)
Landscaping shall be provided throughout the development site to provide a natural setting for buildings, structures, and recreational facilities. Shade trees shall be planted, at the discretion of the Board, adjacent to public or private roadways. The trees shall be such as shall be approved by the Board in accordance with the landscaping plan. No tree or plant material intended to grow to a height of 18 inches shall be planted nearer than 25 feet to an intersection, and the owner shall trim and maintain such material.
(2)
All island or unpaved areas within a street shall be landscaped.
(3)
Within any area of clearing not occupied by a building, structure, street, parking area or recreational facility, there shall be such type and density of landscaping as shall be approved by the Planning Board in accordance with a landscaping plan.
C.
Walkways shall be provided between residential buildings and common parking areas in accordance with an approved conceptual plan, subject to Planning Board approval of all design and construction standards.
D.
No natural vegetation shall be disturbed, except as approved by the Planning Board. The site plan shall indicate the maximum area of clearing.
E.
The shoreline of the lake may be altered to provide for shoreline stabilization and efficient site planning, and buildings or structures may be located adjacent to the shoreline of the lake, or may extend out over the lake, subject to compliance with all local, state and federal regulations which may govern the foregoing activities. Such proposed alteration shall be clearly delineated on the plans.
F.
Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be located so as to provide for the safe and convenient use of the same. Fixtures shall be situated and designed in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent or moving light shall be permitted. All lighting, including illumination levels, shall conform to the requirements of the Board.
G.
Air-conditioning units in excess of 25,000 BTUs shall be screened and insulated for aesthetic and acoustical purposes.
H.
Every dwelling unit shall have such means of ingress and egress to the exterior as shall conform to applicable law.
I.
Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principles.
§ 600-127 Ownership and maintenance.
Ownership and maintenance shall be as follows:
A.
The developer shall establish organization(s) for the ownership and maintenance of any common open space for the benefit of residents of the development. Such open space and other property shall be held in perpetuity by the organization, subject to an open space easement in a form to be approved by the Borough Attorney. Structures and facilities in support of recreational activity may be constructed in accordance with the approved site plan. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and ownership and maintenance of any common open space for the benefit of residents of the development. Thereafter, such organization shall not be dissolved or shall not dispose of any of its open space without obtaining the consent of the members of the organization as provided by law and also without obtaining consent of the municipality. The developer shall be responsible for the maintenance of any such open space until such time as the organization established for its ownership and maintenance shall be formed and functioning, and the developer or the organization as applicable shall be required to furnish a performance guaranty, in an amount to be recommended by the Municipality's Engineer and approved by the governing body, for such maintenance for a period of two years after the date of certification of all improvements in the development for performance and maintenance guarantee purposes.
B.
In the event that the organization shall fail to maintain the open space in reasonable order and condition, the governing body may serve written notice upon such organization or upon the residents and owner of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition and demanding that such deficiencies be remedied within 35 days of the date of service. In the event that there is an imminent hazard to persons or property, the governing body may direct immediate remediation. The notice shall also state the date and place of a hearing thereon, which shall be held within 15 days after the date of the notice. At such hearing, the governing body may modify the terms of the original notice as to deficiencies and may give an extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the governing body, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space, except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the governing body shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing, upon 15 days' written notice to such organization and to the residents and owners of the development, to be held by the governing body, at which hearing such organization and the residents and owners of the development shall show cause why such maintenance by the municipality shall not, at the discretion of the governing body, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain such open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the governing body shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the governing body in any such case shall constitute a final administrative decision subject to judicial review.
C.
The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a tax lien on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.
D.
It shall be the responsibility of the owner of the common open space to maintain, in addition to the common open space, all off-street parking, loading and unloading areas, access roads, internal streets/driveways, aisles, sidewalks and accessways in good condition, free of litter and refuse, potholes, cracked pavement, ice, snow or other seasonal hazards, etc. All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in workable, safe and good condition. If the owner fails to undertake repairs after proper notification by the Construction Official, the governing body may authorize repairs to be made at the owner's expense if, in the governing body's opinion, conditions constitute a hazard to the safety and welfare of the municipality, residents and visitors.
E.
All documents pertaining to any neighborhood association of common open space shall be subject to review by the Municipal Attorney and recorded as a covenant running with the land when the final plat is recorded by the County Clerk.
§ 600-128 Review of application.
Any application for approval of any development plan shall be processed and reviewed pursuant to the procedures and standards of this article, Chapter 516, Stormwater Management, Chapter 490, Site Plan Review, Chapter 530, Subdivision of Land, and all other applicable ordinances, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The Board may engage, at the cost and expense of the applicant and/or developer, any and all reasonably necessary experts to assist the Board in the review of any aspects of the application, and the developer shall be required to post escrows to pay for such costs.
§ 600-129 Submission of plans.
The applicant for a development shall submit a comprehensive conceptual site plan for the entire area zoned in the AHTD District and under the applicant's control. Said plan shall be in accordance with the terms of this chapter, Chapter 490, Site Plan Review, Chapter 530, Subdivision of Land, and the laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The comprehensive plan shall be submitted as part of the preliminary site plan application.
§ 600-130 Development in stages.
Each development may be developed in stages as outlined herein:
A.
Applications for final site plan approval or final subdivision approval, or both, shall be limited to a minimum of 15% of the total number of housing units authorized by the Planning Board at the preliminary application stage. Once a final approval for the first stage is granted by the Board, the second stage shall not be permitted for consideration by the Board for a period of less than three months. All subsequent stages shall likewise have a waiting period of no less than three months from the time of approval granted by the Planning Board of the preceding stage.
B.
Sequence of stages/subdivisions. In the deliberation of the proposed sequence of stages, the Board shall be guided by the following criteria and factors:
(1)
That each stage is substantially self-functioning and self-containing with regard to access, utility, service, parking, open space and other similar physical features and shall be capable of occupancy, operation and maintenance upon completion of construction and development.
(2)
That each stage is properly related to every other segment of the planned development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the planned development in the future.
(3)
That adequate protection will be provided to ensure the proper disposition of each stage through the use of maintenance and performance guaranties, covenants and other formal agreements.
(4)
That the applicant will provide a balanced distribution for development in each stage, including affordable units as provided herein. Said distribution shall be judged on the basis of level of improvement cost, physical planning and coordination required and other relationships which may be necessary to undertake each stage or segment granted in connection therewith, but the stage/subdivision approval shall be subject to their being provided. Nothing herein shall require that open space/active recreation areas be apportioned among the phases or subdivisions.
§ 600-131 Environmental impact study.
A Planning Board, in accordance with COAH provisions of N.J.A.C. 5:93-10.3, may require that no site plan for a development shall receive approval until an environmental impact study shall have been submitted to and approved by the Planning Board. The purpose of obtaining said approval shall be to determine that the impact of this proposed project will not unreasonably affect the environment of the proposed development and its surroundings. The environmental impact statement shall include the following:
A.
Plan and description of development. A project description, complete with maps and drawings, which shall specify what is to be done and how it is to be done during construction and operation. The description shall include but not be limited to contours, buildings, roads, paved areas, grading and regrading, adjacent natural streams and the project's relation to surrounding property and utility lines.
B.
Inventory of existing environmental conditions. An inventory of existing environmental conditions at the project site and in the affected region, which shall describe air quality, water quality, water supply, hydrology, geology, soils and properties thereof, including capabilities and limitations, sewerage systems, topography, slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics and levels, demography, land use, aesthetics, history, archaeology, and socioeconomic aspects. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to the Passaic County Soil Survey and the criteria contained in the Passaic County Soil Conservation District Standards and Specifications.
C.
Assessment of environmental impact of the project. An assessment, supported by environmental data, of the environmental impact of the project upon the factors described in the inventory of existing environmental conditions shall be submitted and shall include an evaluation of water use, and the impact of liquid and solid wastes on the quality and quantity of surface water and groundwater. The assessment shall also include an evaluation of the public costs of the project, including but not limited to the costs of additional schools, roads, police, etc., and indirect costs, such as the loss of open space.
D.
Steps to minimize environmental damage. A description of steps to be taken to minimize and mitigate adverse environmental impacts during construction and operation, both at the project site and in the affected region, shall be included, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
§ 600-132 Off-tract improvements.
§ 600-133 Article to prevail.
§ 600-134 Number of affordable housing units.
A.
Of the total number of units permitted in the entire AHTD District, 53 shall be low- and moderate-income units that meet all of the standards and criteria for affordability contained in the regulations of COAH (N.J.A.C. 5:92-1 et seq.), as the same may be amended from time to time. The developer will be required to comply with the provisions of the within article and the COAH regulations as to all affordable units to be built on site.
B.
In the event that any parcel in the AHTD is subdivided or developed in stages, the subdivided parcel or stage, as the case may be, shall be subject to its pro rata share of the affordable housing obligation, unless, with the approval of the Board, this affordable housing obligation, in accordance with applicable COAH regulation N.J.A.C. 5:93-5 etc., binding on the subdivided parcel or stage, is transferred to the remaining tract within the AHTD and the total number of 53 affordable units to be built as part of the entire development remains unchanged, and subject to such COAH regulations as are applicable.
[Amended 8-11-1999 by Ord. No. 10-1999]
§ 600-135 Standards.
Fifty-three low- and moderate-income units shall be constructed on that portion of Lot 24, Block 24, which is rezoned by the within article. The following standards shall apply in this district:
A.
The purpose of the within article is to establish procedures that will provide a realistic opportunity for the construction of low- and moderate-income housing units.
B.
In the event that any provision of the within article as to the affordable units is in conflict with the regulations adopted by the Council on Affordable Housing and the Fair Housing Act of the State of New Jersey (Chapter 222, P.L. 1985),[1] then the applicable provisions of the said rules and regulations of the Council on Affordable Housing and the Fair Housing Acts shall govern; provided, however, that this article shall in all cases govern the amount of low- and moderate-income units to be built within the district.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
C.
The purpose of the article is to implement the provisions of the Housing Element and Fair Share Plan of the Borough of North Haledon submitted to the Council on Affordable Housing, and the provisions of the said Housing Element and Fair Share Plan, as amended from time to time, are hereby incorporated by reference as though fully set forth herein. Three copies of said Housing Element and Fair Share Plan are on file in the office of the Borough Clerk and are available for inspection at the office of the Borough Clerk at the Municipal Building in the Borough of North Haledon during normal business hours.
D.
Phasing schedules to include inclusionary units. The phasing schedule for the construction of affordable set-aside units shall be in accordance with the provisions of the regulations of the Council on Affordable Housing.
[Amended 8-11-1999 by Ord. No. 10-1999]
§ 600-136 Affordability criteria, pricing and resale controls.
Affordability criteria, pricing, and resale controls as required by the COAH regulations shall be embodied in a deed restriction and shall be submitted by the developer at the time of preliminary site approval and shall be subject to the approval of the municipality. In the event that any portion of the development is to be for condominium ownership, such affordability and resale controls shall be embodied in the registration application, the offering statement, the bylaws, the master deed, and the unit deeds. As part of the site plan review process, the developer shall be required to submit a proposed form of contract with the municipality in which the developer agrees to comply with the appropriate control mechanism established by the municipality which assures that low- and moderate-income housing units remain affordable to low- and moderate-income households, all in furtherance of and consistent with the applicable regulations of COAH. The deed restriction documents shall be in recordable form and shall be required to be recorded by the developer at the time directed by the Municipal Attorney. Rental control on affordability, initial pricing, annual index increases, procedures for resale, foreclosure or resale, and phasing schedules shall be in accordance with COAH regulations.
§ 600-137 Affordable Housing Board.
Subsequent to the adoption of the within article, the Borough of North Haledon will adopt an ordinance establishing an Affordable Housing Board, which will provide appropriate standards and policies applicable to affordable housing units in the Borough in accordance with COAH requirements. All applications for development in the AHTD zone shall be subject to the provisions of the said subsequently to be adopted ordinance establishing an Affordable Housing Board.
§ 600-138 Inclusionary units.
All inclusionary units will be constructed in such a way as to be architecturally integrated into the buildings in which the free-market units are contained. No more than 50% of units in any building shall be inclusionary units; provided, however, that the Board shall have the discretion to grant a waiver from this requirement and allow a greater percentage of inclusionary units in one building, if the Board finds that there is no feasible way to avoid the inclusion of more than 50% inclusionary units in one building and that the advantages exceed the disadvantages. This provision shall not be construed to require a variance.
§ 600-139 Affirmative marketing plan.
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Borough of North Haledon is in the housing region containing Passaic County. The affirmative marketing program is a continuing program and will meet the following requirements:
A.
All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily regional newspapers/publications: North Jersey Herald-News and/or The Record.
[Amended 8-11-1999 by Ord. No. 10-1999]
B.
The primary marketing will take the form of at least one press release sent to the above publication and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an as-needed basis.
C.
The advertisement will include a description of the:
D.
All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in the following neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region:
[Amended 8-11-1999 by Ord. No. 10-1999]
(1)
The Shopper and/or The Hawthorne Press.
F.
The following is a listing of community contact person(s) and/or organizations in Passaic County that will aid in the affirmative marketing program, with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region:
G.
Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members: Board of Realtors in Passaic County.
H.
Applications will be mailed to prospective applicants upon request.
I.
Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in Passaic County:
J.
The following is a description of the random selection method that is used to select occupants of low- and moderate-income housing:
(1)
Each applicant, upon submission of an application, will be designated a number. Two categories will be created: one for low-income households and one for moderate-income households. A blind drawing will be undertaken, one each for low- and moderate-income households who are eligible for the specific affordable units.
K.
The Borough of North Haledon's Affordable Housing Board is to administer the affirmative marketing program. The Borough of North Haledon's Affordable Housing Board has the responsibility to income qualify low- and moderate-income households; to place income-eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units with income-qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The North Haledon Borough Administrator is the designated housing officer to act as liaison to the North Haledon Affordable Housing Board. The North Haledon Affordable Housing Board will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
L.
Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Borough of North Haledon intends to comply with N.J.A.C. 5:93-11.7.
M.
All developers of low- and moderate-income housing will be required to assist in the marketing of the affordable units in their respective developments.
N.
The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed-restricted and occupancy or reoccupancy of units continues to be necessary.
O.
The North Haledon Affordable Housing Board will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.
§ 600-140 Exceptions to subdivision regulations.
Section 530-52A of Chapter 530, Subdivision of Land, shall not apply to this district only in the event that the Board determines that the application thereof would create practical difficulties. Section 530-52B of Chapter 530, Subdivision of Land, shall not apply to this district only in the event that the Board determines that the application thereof would create practical difficulties. Section 530-49I of Chapter 530, Subdivision of Land, shall not apply to this district only in the event the Planning Board determines that parking areas at the end of the street can be used as turnarounds without impairing traffic circulation and safety.
§ 600-141 Regulations of COAH.
A.
Matters dealing with affordable units such as initial pricing, annual indexed increases, procedures for resale, procedures for eligible capital improvements, and impact or foreclosure or resale shall be in accordance with the provisions of the administrative regulations of the Council on Affordable Housing.
B.
For the purpose of the within article, the definitions contained in the regulations of the Council on Affordable Housing shall be deemed to be applicable as to the low- and moderate-income units.
§ 600-142 Water supply infrastructure improvements.
[Amended 8-11-1999 by Ord. No. 10-1999]
Any proposed water supply infrastructure improvements either off or on site shall be subject to approval of the Board in conjunction with any water utility provider.
§ 600-143 Applicability of state and federal laws.
Any development on the subject property shall be subject to all applicable state and federal laws and regulations. Copies of any documents or applications submitted to the federal or state government for approval shall simultaneously be submitted to the Borough Clerk.
§ 600-144 Infrastructure construction phasing plan.
At the time of the submission of a site plan application to the appropriate Board, the applicant shall submit a detailed infrastructure construction phasing plan.
§ 600-145 Acceptance of improvements by Borough.
The Borough shall have the right, at its option, to accept, if offered, infrastructure improvements on site or any part thereof. The developer shall execute appropriate deeds of dedication where requested by the Borough, which shall become effective upon acceptance by the governing body.
§ 600-146 Construction phasing plan.
At the time of submission of a site plan application to the appropriate Board, the applicant shall submit a detailed construction phasing plan. The phasing plan shall be structured so that upon construction of each segmented phase of the construction of units, an appropriate pro rata segment of set-aside units shall be constructed subject to the provisions of this article. No construction permits shall be issued by the Construction Official except in accordance with the phasing schedule approved by the Board.
§ 600-147 Common facilities management plan.
In the event that the developer determines that the form of ownership of the multifamily units is to be condominium or cooperative ownership, the developer shall submit to the appropriate board at the time of its site plan application a detailed common facilities management plan, which shall be accompanied by the proposed master deed, a specimen unit deed, a draft copy of a proposed offering statement and a copy of proposed bylaws and regulations of the proposed association.
§ 600-148 Environmental assessment and mitigation plan.
In the event that the storm drainage will impact upon the existing on-site, man-made lake, any site plan application shall be accompanied by an appropriate environmental assessment and mitigation plan dealing with potential pollution of the water quality of the lake.
§ 600-149 Buffer area.
The developer shall provide and maintain a buffer area of not less than 30 feet from all external lot lines of the development contiguous to an RA-1, RA-2 or RA-3 Zone. Said buffer area shall be kept in its natural state where wooded, and where natural vegetation is sparse or nonexistent, the area shall be planted to provide a year-round natural screen. Entry and exit roadways may be located in the said buffer.
§ 600-150 Permitted uses.
The use permitted on the subject tract shall be strictly limited to the enumerated permitted use, and the general provisions of this chapter shall be applicable except to the extent that any such provision is in conflict with the provisions of the within article.
§ 600-151 Ingress and egress to dwellings.
Every dwelling unit shall have the number of means of ingress and egress to the exterior, without sharing a hallway, stairway or elevator with another unit, as provided by law.
§ 600-152 Walkways and sidewalks.
Walkways and/or sidewalks shall be provided between residential buildings and common parking areas. Walkways and/or sidewalks shall have a minimum width of four feet. The construction shall be of a suitable material, such as concrete, asphalt, brick or similar durable material, as proposed by the developer and approved by the Planning Board.
§ 600-153 Waivers.
In reviewing an application for development subject to the within article, the municipal board before whom the application has been filed shall not enforce or apply, as to the set-aside units proposed to be constructed, the bulk requirements of this chapter where the enforcement of the said bulk requirements, in the opinion of the Board, would substantially impair the ability of the developer to construct affordable Mount Laurel set-aside housing. In any application for development subject to the within article, the developer shall include in his/her application those bulk requirements of this chapter from which he/she seeks an exception and shall describe in his/her application the respect in which compliance with the bulk requirements would significantly impair his/her ability to provide affordable set-aside housing units. Evidence shall be taken at the hearing before the municipal board on the application, and the board shall make findings of fact and conclusions as to which, if any, of the bulk requirements of the applicable ordinances would significantly impair the ability of the developer to provide affordable set-aside housing units. The board shall, as to any bulk requirements of the ordinance which it finds to substantially impair the ability of the developer to construct affordable set-aside housing units, provide a waiver from compliance with such bulk requirements as to the set-aside units. No waiver shall be granted as to density. This provision shall not be construed to require a variance.