Townhouse dwelling units in detached, semidetached or attached groups.

Low-rise condominium or garden apartment dwelling units.

Utilities and essential services.

Indoor and outdoor recreational facilities as regulated by this chapter.

Signs as otherwise regulated in this chapter.[1]

Noncommercial swimming pools, tennis courts and other outdoor recreational facilities.

Private garages and off-street parking for private vehicles.

Minimum lot area: 10 acres.

Minimum lot frontage along a county or municipal road: 150 feet.

Average minimum lot width: 300 feet.

Average minimum lot depth: 500 feet.

Setbacks from external lot lines:

Lot coverage.

Grades.

Accessory buildings.

Townhouses.

Low-rise condominium or garden apartment dwelling units.

Townhouses: not to exceed 84 units.

Low-rise condominium or garden apartment or dwelling units: not to exceed 88 units.

One bedroom unit: 0% to 60%.

Two-bedroom unit: 20% to 100%.

Townhouse: two parking spaces per dwelling unit. One parking space must be in form of a garage.

Low-rise condominium or garden apartment dwelling units: 1.7 parking spaces per dwelling unit.

Parking stall size: nine feet by 20 feet, exclusive of access aisle.

Any development or cluster within a development shall have two separate access points to the roadway servicing the development.

Roadway and driveway widths shall be determined as follows:

Water facilities.

Sanitary sewerage system.[2]

Drainage and stormwater management.

Electric, gas, telephone and cable television services, if available, shall be provided by developer in concert with the appropriate public utility providing such service and shall be installed under ground, except high voltage, electric primaries over 30,000 volts. One master television antenna or one cable television connection shall be provided for each building.

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 Borough Engineer approval.

Refuse pickup areas shall be provided and shall be located for the convenience of the residents of the development. All such areas shall be screened with fencing of four feet in height and exterior shrubs of no less than two feet in height on at least three exposed sides.

The resident's association(s) of the PRD development shall be required to provide for and/or contribute to expense or cost of the upkeep, maintenance and expense of the sanitary sewer system, roads, drives, parking facilities, drainage facilities, street parking, streetlighting, refuse pickup, snowplowing and all other services.

The area for detention basins and other drainage control devices shall not qualify as active recreation space as required by this chapter. Land having slopes in excess of 20% and chronically wet marshland shall not qualify as active recreation space as required by this chapter.

Active recreation space for swimming pools, tennis courts and other sport and recreational activities may be improved with facilities, buildings and structures for indoor and/or outdoor recreational use consistent with the residential character of the development.

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 a certificate of occupancy shall be granted to more than 75% of the proposed dwelling units.

All owners and residents of the PRD development shall have the right to use the common open space and active recreational facilities, subject to reasonable rules and regulations.

All open spaces and walkways shall be connected to residential areas with walkways or other reasonable means of access.

Buffer.

Each building and structure and each complex of the same shall have a compatible architectural theme with appropriate variations in design to provide shall result from the use of landscaping and the location and orientation of buildings and structures to the natural features of the site.

Landscaping.

Concrete walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.

No natural vegetation shall be disturbed, except as approved by the Planning Board. The site plan shall indicate maximum area of clearing.

Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations 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, moving lights shall be permitted. All lighting, including illumination levels, shall conform to the recommendations of the Borough Engineer.

Air-conditioning units in excess of 2,500 BTU's shall be screened and insulated for aesthetic and acoustical purposes.

Every dwelling unit shall have two means of ingress and egress to the exterior.

Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principles.

The developer shall establish an organization(s) for the ownership and maintenance of off-street parking space, recreational, utility and essential service facilities for the benefit of the residents of the development and for maintenance of common open space. The same shall be held in perpetuity by the organization(s) subject to appropriate easements. Structures and facilities in support of recreational activity may be constructed in accordance with site plan approval. Such organization(s) shall not be dissolved and shall not dispose of said off-street parking space, recreational and/or utility and essential service facilities by sale or otherwise, except to an organization(s) conceived and established to own and maintain the same for the benefit of such development and the residents thereof. Thereafter such organization(s) shall not be dissolved or dispose of any of said off-street parking space, recreational, utility and essential service facilities without obtaining the consent of the members of the organization(s) as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of said off-street parking space, recreational, utility and essential service facilities and shall provide for all services to the development until such time as the organization(s) established for the ownership and maintenance of the same and the maintenance of common open space shall be formed and functioning.

In the event that the organization shall fail to maintain said off-street parking space, recreational, utility and essential service facilities for the benefit of the residents of the development and common 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 same in reasonable condition and demanding that such deficiencies to remedied within 35 days of the date of service. The notice shall also state the date and place of a hearing thereon, which shall be held within 15 days after the date of 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 of time thereof, the governing body, in order to preserve said off-street parking space, recreational, utility and essential service facilities for the benefit of the residents of the development and common 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 said off-street parking space, recreational, utility and essential service facilities and common open space. 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 the same in reasonable condition, the municipality may, in its discretion, continue to maintain said off-street parking space, recreational, utility and essential service facilities and common open space for the benefit of the residents of the development 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.

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 off-street parking space, recreational, utility and essential service facilities for the benefit of the residents of the development, and common 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 part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.

It shall be the responsibility of said organization(s) also to maintain loading and unloading areas, 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.

Any application for a PRD shall be processed and reviewed pursuant to the procedures and standards of the Site Plan Ordinance[4] and, where applicable, the Land Subdivision Ordinance and the laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The Planning Board may engage, at the cost and expense of the applicant and/or developer, any and all necessary experts to assist the Planning Board in the review of any aspects of the application.

The applicant for PRD shall submit a comprehensive conceptual site plan for the entire area so zoned and under the applicant's control. Said plan shall be in accordance with the terms of the Zoning Ordinance, Site Plan Ordinance, Subdivision Ordinances and the laws, rules and regulations of any governmental entity with jurisdiction over the subject matter. The comprehensive plan shall be submitted as part of the preliminary site plan application.

Staging. Each planned residential development may be developed in stages as outlined herein.

This section of the Borough of Riverdale Code sets forth regulations regarding low- and moderate-income housing units in the Borough of Riverdale that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994. These rules are pursuant to the Fair Housing Act of 1985[6] and the Borough of Riverdale's constitutional obligation to provide for its fair share of low- and moderate-income housing.

Residential developments within this zone district shall provide for affordable housing by a twenty-percent set-aside of affordable units unless a Regional Contribution Agreement is enacted by the Borough to transfer part of its obligation. The Borough of Riverdale's new construction or inclusionary component will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20.

Except for inclusionary developments constructed pursuant to low-income tax credit regulations:

Inclusionary developments that are not restricted to senior citizens will be structured in conjunction with realistic market demands so that:

In conjunction with the realistic market information, the following criteria will be used in determining maximum rents and sale prices:

For rental units:

For sale units:

Development regulations.

Affordability controls.

Rental unit regulations.

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 Riverdale is in the housing region containing Morris County. The affirmative marketing program is a continuing program and will meet the following requirements.

All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily regional newspapers/publications:

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.

The advertisement shall at a minimum include:

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:

The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program:

The following is a listing of community contact person(s) and/or organizations in Morris 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:

Quarterly fliers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members:

Applications will be mailed to prospective applicants upon request.

Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in Essex, Morris, Union and Warren Counties:

The Riverdale Affordable Housing Committee is in charge of conducting random selection that is used to select occupants of low- and moderate-income housing.

The Riverdale Affordable Housing Committee is the agency which will administer the affirmative marketing program. The Riverdale Affordable Housing Committee 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 Riverdale Affordable Housing Committee 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.

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 Riverdale intends to comply with N.J.A.C. 5:93-11.7.

All developers of low- and moderate-income housing will be required to assist in the marketing of the affordable units in their respective developments.

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.

The Borough of Riverdale Borough Administrator will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.

Townhouses and multifamily dwellings; provided, however, that any new or existing development in the MF-O District consisting of townhouses or multifamily dwellings, or any combination thereof, must consist of units where at least 50% of the total number of dwelling units in any such development are deed-restricted to occupancy with at least one member of the household who is 55 years or over and with no persons of school age or younger in accordance with the Federal Fair Housing Act, 42 U.S.C. § 3601, et seq. Any age-restricted development shall be separated from any non-age-restricted development in the MF-O District by Riverdale Road, or, alternately, no age-restricted building shall be closer than 300 feet to a non-age-restricted building.

Notwithstanding any provision in the I-1 and I-3 District, any property in the I-1 or I-3 District which abuts the MF-O Multifamily Overlay District may be used for emergency or secondary access to a residential development in the MF-O Overlay District.

Accessory uses allowed in the underlying district shall be permitted.

Accessory uses part of a townhouse or multifamily development shall be limited to community recreation facilities, clubhouses, health clubs, fitness centers, parking areas and structures, fences, swimming pools, temporary sales offices, gate or guard houses, identification signs, bike, jogging or other trails, multipurpose recreational courts and stormwater detention facilities.

New townhouse or multifamily development shall only be permitted on tracts of 12.5 acres or more in area with at least 100 feet of frontage on Riverdale Road.

All townhouses and multifamily buildings shall comply with the following:

Coverage by all buildings shall not exceed 35% of lot area.

Impervious coverage shall not exceed 40% of lot area.

All areas disturbed but not covered by pavement, buildings or other structures shall be landscaped by a combination of grass, vegetative ground cover, trees and shrubs to minimize erosion.

For the purposes of differentiating ownership, townhouse units may be developed on separate lots with no minimum lot areas or setbacks from such lot lines, provided that all of the buildings and other improvements comply with the other provisions of the MF-O District with respect to building separations and setbacks from the exterior tract boundary lines.

At least 10% of the land area of any townhouse or multifamily development proposed in the MF-O District shall be reserved for a combination of active and passive recreational uses. A riverfront walkway shall be required with appropriate open space and landscaping for any development which abuts the Pequannock River.

Residential dwelling units, provided that the permanent residents of such units shall be restricted to persons who are 55 years of age or over, and further provided that such dwelling units comply with the provisions of this section.

Any day-care facilities, as part of an adult development, provided that these facilities meet all state standards.

Accessory uses.

Area. The minimum lot area required shall not be less than nine acres. The minimum requirements for lot size shall also be as follows:

Setbacks. The minimum setback requirements from property lines shall be the following:

Height. The maximum height requirements are defined by the following:

Building spacing. The following minimum dimensions between buildings shall apply to the individual structures within a lot, based on the heights of the buildings, measured from ground to cornice line: For those inhabitable structures with a height of one story, spacing between buildings shall be at a minimum of 20 feet. Detached one-story garages will be spaced at a minimum of 15 feet. For those structures with a height of two or three stories, not exceeding 35 feet, spacing between buildings shall be at a minimum of 25 feet. For spaces that are bounded by two buildings of different heights, the spacing requirements for the taller building will prevail.

Building design.

Density.

Coverage. The maximum coverages shall be defined as follows (including building, parking and walkways):

Buffers. Buffer areas shall be required along all property lines of any adult housing development, except for front-yard street frontages. A landscaped buffer with minimum depth of 10 feet shall be provided of deciduous and coniferous trees at a minimum height of six feet and maintained at a minimum height of 15 feet.

Landscaping.

Streets. Streets and curbing shall be provided in accordance with the provisions outlined in the Borough of Riverdale Code.

Sidewalks. Concrete sidewalks or pavers in designated areas shall be provided in accordance with the provisions outlined in the Borough of Riverdale Code.

Parking shall be provided at a rate of 2.0 parking spaces per dwelling unit. Detached group garages may be permitted, not to exceed 100 feet in length. No parking shall be provided closer than 10 feet from any property line. A landscaped area no less than 15 feet, shall be provided between detached group garages.

All parking shall meet the design standards and principles set forth in the Borough of Riverdale Code.

Submission of a conventional subdivision layout to determine the actual number of building lots that may be achieved on the site; or

Through the application of the following formula where 12% equals the amount of land area that would be devoted to the tract for road improvements and rights of way:

Notwithstanding other provisions of this section, development proposals in accordance with this section shall only be approved by the Planning Board as regulated herein if the following findings are made:

Nothing in this section shall be construed as requiring the Planning Board to accept the cluster form of development if the Board finds that such development would not be in the best interest of the community. Development proposals using the cluster development option shall comply with the applicable requirements of the Borough's Zoning and Subdivision Ordinances.[1]

Calculation of total undisturbed open space. No less than 40% of the total site shall be retained as undisturbed space, of which no less than 30% of the entire site must be retained as permanent common open space, as hereafter defined; the remaining area necessary to attain the 40% undisturbed space may be calculated by adding the aggregate designated undisturbed space on individual building lots.

Location of permanent common open space. The location of the permanent common open space resulting from a cluster method of development shall be subject to the approval of the Planning Board, in accordance with good planning, zoning and engineering principles in compliance with N.J.S.A. 40:55D-43, so as to protect the environment. Particular attention shall be paid to the following:

Design of permanent common open space. The Planning Board may require the developer to make such improvements to the permanent common open space so as to make the area usable to the residents of the development and able to be maintained. Such improvements may include minor grading, seeding, stabilizing, cleaning, clearing and similar work, but shall not be required to include placing of equipment, structures or buildings.

Ownership of permanent common open space.

Use of permanent common open spaces. The permanent common open space resulting from the cluster method of subdivision shall be restricted to those recreational and open space uses permitted by the Planning Board or to such public utility structures or uses which the Borough Council may find now or in the future to be necessary to serve the community.

Individual building lot maximum disturbance area. The maximum disturbance area of any individual building lot shall not exceed 75% of the total area of that lot.

Environmental impact statement. The developer shall submit to the Planning Board an environmental impact statement concerning the development of the subject site.

Landscaping plan and tree mapping. The developer shall submit to the Planning Board a comprehensive landscaping plan and tree mapping report as provided below.

Employment of this overlay option requires that commercial uses are provided on sites that directly front on Newark Pompton Turnpike and Paterson Hamburg Turnpike.

Retail, office and restaurant uses that are permitted in the CRD Zone are allowed on the first floor only on sites that directly front on the Newark Pompton Turnpike and the Paterson Hamburg Turnpike.

Multifamily flats or apartments located above the first floor on sites that directly front on the Newark Pompton Turnpike and the Paterson Hamburg Turnpike, subject to the following conditions and requirements:

Multifamily flats or apartments on all floors and townhouses on sites that do not directly front on the Newark Pompton Turnpike and the Paterson Hamburg Turnpike.

Maximum permitted building height: three stories and 40 feet, provided that the second and third story of buildings that directly front on the Newark Pompton Turnpike or the Paterson Hamburg Turnpike be set back a minimum of 35 feet from those road rights-of-way.

Maximum residential density: 12 dwelling units per acre.

Maximum impervious surface coverage: 80%.

Minimum lot size: one acre.

Residential units are only permitted above the first floor on buildings that directly front on Newark Pompton Turnpike or Paterson Hamburg Turnpike.

Minimum principal building front yard setback: 15 feet.

Minimum principal building side yard setback: 10 feet.

Bulk requirements: All other bulk requirements not referenced herein shall be met in accordance with the schedule entitled "Schedule D: Bulk Requirements, Zoning Requirements, Borough of Riverdale, New Jersey."[1]

Prohibited uses: the schedule entitled "Schedule C: Prohibited Uses, Zoning Requirements, Borough of Riverdale, New Jersey."[2]

Off-street parking requirements.

All other applicable development standards not referenced herein shall be met in accordance with Article III of this chapter.

All other applicable lot and yard standards shall be met in accordance with the Schedule of General Requirements, which is included as an attachment to this chapter.

Affordable housing set-asides shall be required for all residential developments of five dwelling units or more.

At least 20% of the dwellings provided shall be affordable to low- and moderate-income units that are offered for sale, and at least 15% of the dwellings provided shall be affordable to low- and moderate-income units that are offered for rent.

Fifty percent of the units shall be affordable to moderate-income households, and 50% shall be affordable to low-income households of which 13% shall be affordable to very-low-income households. If only one affordable unit is created in a project, the unit shall be a very-low- or low-income unit.

The units designated as very-low-, low- or moderate-income units may be rented or sold only to very-low-, low-, or moderate-income households at the time of the initial occupancy.

The affordable units shall be affirmatively marketed to the housing region in accordance with the Borough's Affirmative Marketing Plan.

Affordability controls shall be maintained for a minimum of 30 years.

Rental increases shall be in accordance with percentages approved by COAH or other applicable affordable housing authority or entity.

At least 20% of the dwellings provided shall be affordable to low- and moderate-income units that are offered for sale, and at least 15% of the dwellings provided shall be affordable to low- and moderate-income units that are offered for rent.

Fifty percent of the affordable units shall be affordable to moderate-income households, and 50% shall be affordable to low-income households of which 13% shall be affordable to very-low-income households. If only one affordable unit is created in a project, the unit shall be a very-low- or low-income unit.

The units designated as very-low-, low- or moderate-income units may be rented or sold only to very-low-, low-, or moderate-income households at the time of the initial occupancy.

The affordable units shaft be affirmatively marketed to the housing region in accordance with the Borough's Affirmative Marketing Plan.

Affordability controls shall be maintained for a minimum of 30 years.

Rental increases shall be in accordance with percentages approved by COAH or other applicable affordable housing authority or entity.