North Haledon City Zoning Code
ARTICLE XXI
Residential/Multifamily Townhouse MFTH Zone
§ 600-191 Purpose.
A.
The purpose of the Multifamily Townhouse Housing (MFTH) District is to provide an additional housing option for North Haledon residents in the form of a high-quality residential community.
B.
The purpose of this chapter is establish rules, regulations, standards and procedures designed to promote the integrated and logical development of an area within the designated Block 19, Lot 1, on the Borough's Official Tax Maps.
§ 600-192 Permitted uses.
In the Residential/Townhouse Zone, only townhouses shall be permitted.
§ 600-193 Accessory uses.
§ 600-194 General requirements.
A.
Site plan approval shall be required for all townhouse developments.
B.
The site plan review shall consider solid waste management, lighting, pedestrian and vehicular circulation, parking location and arrangement, building siting and arrangement, signs, landscaping and open space.
C.
The common open space provided as part of any townhouse development shall be owned and maintained in accordance with N.J.S.A. 40:55D-43. An applicant shall submit to the Board the master deed or such other legal documents establishing said open space organization, providing for the use, enjoyment and responsibilities of all of the owners of the units who would benefit from the common open space. Such master deed or other legal documents shall be approved by the Planning Board Attorney.
D.
All facilities and utilities shall be built to Borough specifications.
§ 600-195 Number of units.
The maximum number of units permitted on Block 19, Lot 1 shall be six, inclusive of one low- and moderate-income housing unit.
§ 600-196 Area, yard and bulk regulations.
A.
Minimum lot area: 0.419 acre.
B.
Maximum height: three stories or 35 feet.
C.
Minimum lot frontage along a county or municipal road: 100 feet.
D.
Minimum setbacks from roadways: 10 feet from the right-of-way line of any exterior public road; 10 feet from the center line of any private interior road; and 10 feet from any perimeter boundary.
E.
Minimum side yard shall be 15 feet.
F.
A buffer of 20 feet from adjacent existing single-family developments.
G.
End wall to end wall (no windows): 20 feet.
H.
End wall to window wall: 30 feet.
I.
Window wall to window wall: 40 feet.
J.
Maximum building coverage shall be 40%.
K.
Maximum impervious coverage shall be 75%.
L.
Minimum interior road from curb to curb shall be not less than 24 feet wide.
§ 600-197 Building requirements.
§ 600-198 Parking requirements.
A.
No parking shall be permitted on any road or accessway within the townhouse development.
B.
A minimum of 1.8 parking spaces, 2.3 parking spaces and 2.4 parking spaces shall be provided for one-, two- and three-bedroom dwellings, respectively, as per New Jersey Residential Site Improvement Standards (RSIS).
C.
All parking shall be confined to the area specifically designated on the site plan for such purpose.
D.
Parking areas shall be paved and curbed and provided with an adequate system of stormwater drainage.
E.
No parking area shall be constructed within a required front yard setback area. Parking area may be constructed in the rear and side yards but in no event closer than five feet to any side or rear lot line.
F.
Visitor parking will be on site and be no less than one parking space per unit. The Planning Board, upon submission of credible evidence, may grant variances on this requirement.
§ 600-199 Utilities, facilities, landscaping and circulation.
A.
Refuse and recyclable materials shall be placed in dumpsters.
B.
All utility wiring shall be underground. Utility connections for each separate apartment shall be independently or jointly metered as would be appropriate to the form of occupancy/ownership of the apartments.
C.
Open space areas shall be attractively landscaped and shall be concentrated and located at the south end of the site adjacent to the Borough-owned lands. The landscape plan shall be subject to approval by the Planning Board.
D.
Sidewalks or other suitable means of pedestrian circulation shall be provided throughout the development along all streets and between buildings and any sidewalks within the public right-of-way.
E.
Vehicular access shall be from Oakwood Avenue.
F.
Garage doors shall face Oakwood Avenue.
§ 600-200 Common open space requirements.
A.
A minimum of 10% of the total site area shall be set aside as passive open space.
B.
Buffer areas, wetlands and conservation easements shall be eligible as open space as required by this section.
C.
All passive open space shall be connected to residential areas with walkways or other reasonable means of access.
§ 600-201 Public streets, internal roadways and private driveways.
All public streets, internal roadways and private driveways shall be in accordance with the requirements of the New Jersey Residential Site Improvement Standards.
§ 600-202 Developments subject to applicable ordinances.
Any development in the Townhouse District shall be subject to all applicable ordinances of the Borough of North Haledon. Where there is any conflict between the provisions of this article and the provisions of Chapter 490, Site Plan Review, and/or Chapter 530, Subdivision of Land, the provisions of this article shall prevail.
§ 600-203 Low- and moderate-income housing requirements.
§ 600-204 Mandatory affordable housing set-aside.
A.
Any multifamily residential development or redevelopment application in the MFTH Zone proposing five (5) or more new dwelling units will be required to set aside 20% of these units for affordable housing in the case of for-sale projects and 15% of these units for affordable housing for low- and moderate-income households in the case of rental projects.
B.
Developers may not make a payment in lieu of constructing affordable units on site, except for fractional units as noted in Subsection C below.
C.
In the event that the inclusionary set-aside percentage (15% or 20%) of the total number of residential units does not result in a whole number, the developer may choose one of two options to address the fractional unit:
(1)
The developer shall round the set-aside upward to construct an additional whole affordable unit.
(2)
If the set-aside includes a fractional unit equal to 0.49 or less, the developer may round the set-aside downward and construct the lesser whole number of affordable units but must also make a payment in lieu of constructing the fractional additional unit ("fractional payment in-lieu").
(a)
The fractional payment in-lieu amount shall be calculated as the fractional unit multiplied by the base payment in-lieu dollar amount established in § 600-205D(1).
(3)
For example: If seven total units are developed at an inclusionary site, a 20% set-aside would require 1.4 affordable units. Per the requirements above:
(a)
The developer shall round up the 0.4 unit to one whole affordable unit, constructing a total of two affordable housing units.
(b)
The developer shall round the set-aside downward, constructing only one affordable unit, and shall pay into the Borough's affordable housing trust fund a fractional payment in-lieu equal to the dollar amount established in § 600-205D(1) multiplied by 0.4 units.
D.
Fractional Payments-in-lieu. The standards for collecting fractional payments-in-lieu of constructing affordable units shall be in accordance with the requirements below:
(1)
The base dollar amount of the fractional payment in-lieu of constructing an affordable unit at the time of the adoption of this article shall be $180,267. This amount shall be adjusted periodically by the Borough to reflect the most current and accurate market conditions or better cover the cost to the Borough to subsidize affordable housing construction. The payment shall be imposed as a condition of development approval by the Planning Board.
(2)
During the development approval process, a developer may demonstrate to the Governing Body that the actual construction cost of an affordable unit, less estimated capitalized revenue at the development in question, is lower than the imposed payment in-lieu in § 600-205D(1). At its discretion, the governing body may impose a lower payment in-lieu amount equal or proximate to the amount estimated by the developer.