Rockaway City Zoning Code
ARTICLE XIV
Affordable Housing Overlay AHO Districts
§ 172-95 Establishment; purpose.
The Rockaway Borough Affordable Housing Overlay Districts are hereby established to provide supplemental development regulations to guide the development of low- and moderate-income housing to assist the Borough in meeting its obligation to provide its fair share of affordable housing pursuant to the Fair Housing Act of 1985.
§ 172-96 Applicability.
The provisions in this section are not intended to repeal, abrogate or annul any portion of this chapter, or existing county, state or federal regulations. In any case, where there is a conflict, the more stringent restrictions shall apply.
§ 172-97 Designation of Affordable Housing Zones.
[Amended 7-9-2020 by Ord. No. 10-20; 4-8-2021 by Ord. No. 09-21]
A.
The AHO Affordable Housing Overlay Zone Districts shall be comprised of those properties designated as the following:
AHO-6 | Affordable Housing Overlay District | Block 27.02, Lot 7; Block 73, Lot 59.01 |
AHO-15 | Affordable Housing Overlay District | All properties within the R-5 District[1]; portions of Block 17, Lot 8; Block 31, Lot 16; Block 32, Lots 1 and 2; portion of Block 32, Lot 5; Block 40, Lots 34 and 35.01; and portions of Block 84, Lots 12, 17 and 18 |
AHO-S | Affordable Housing Overlay District | Block 73, Lot 65 |
[1]
Except Block 27.02, Lot 7
§ 172-98 Permitted principal uses for AHO-6.
The following shall be permitted principal uses in the AHO-6 District:
A.
One-family dwellings.
B.
Two- and three-family dwellings.
C.
Townhouse developments in compliance with § 172-104, Requirements for townhouses in AHO Districts.
D.
Public utility facilities.
E.
Community residences and shelters for the developmentally disabled, for victims of domestic violence, for persons with head injuries and for the terminally ill pursuant to N.J.S.A. 40:55D-66.1.
§ 172-98.1 Permitted principal uses for AHO-S.
§ 172-99 Permitted principal uses for AHO-15.
The following shall be permitted principal uses in the AHO-15 District:
A.
One-family dwellings.
B.
Garden apartments.
C.
Townhouse developments in compliance with § 172-104, Requirements for townhouses in AHO Districts.
D.
Public utility facilities.
E.
Community residences and shelters for the developmentally disabled, for victims of domestic violence, for persons with head injuries and for the terminally ill pursuant to N.J.S.A. 40:55D-66.1.
§ 172-100 Permitted accessory uses.
The following shall be permitted accessory uses in all AHO Districts:
D.
Private swimming pools; provided, however, that said pool shall not be closer than 10 feet to any side or rear lot line and, on corner lots, no part of any private swimming pool shall be constructed within the required front yard setback for either street.
(1)
Artificial lights used or maintained in connection with a private swimming pool shall be so located and the illumination shielded so that the direct source of light is not visible from any adjacent property.
(2)
No private swimming pool shall be used other than as an accessory use to the permitted principal residential use.
E.
Customary and usual residential storage structures.
F.
Customary and usual residential appurtenances and structures such as patios, fireplaces, trellises, lamp posts and the like.
H.
Accessory uses customarily incident to the above uses, provided that they do not include any activity commonly conducted for gain unless specifically permitted in this section.
§ 172-101 Low- and moderate-income housing requirements.
[Amended 7-9-2020 by Ord. No. 10-20; 4-8-2021 by Ord. No. 09-21]
A.
A minimum of 20% of the total number of units constructed within the AHO-6, AHO-15 and AHO-S Districts shall be affordable low- to moderate-income households per N.J.A.C. 52:27D-329.9. When calculating the required number of affordable units, any computation resulting in a fraction less than 0.5 shall be rounded down; any computation resulting in a fraction of 0.5 or greater shall be rounded up; provided, however, that a minimum of one affordable unit shall be required as part of any project constructed within the AHO Districts having at least five residential dwelling units. Low- and moderate-income housing shall be constructed in accordance with Chapter 88, Affordable Housing.
B.
Dwellings constructed for low- and moderate-income households shall be governed by thirty-year deed restrictions (see N.J.A.C 5:93-5.16) ensuring long-term affordability controls.
§ 172-102 Compliance with scheduled requirements.
§ 172-103 Requirements for garden apartments.
The following requirements shall apply to all garden apartment developments within the AHO Districts:
A.
Utilities. Each development shall be connected to the public sanitary sewer and water systems, as approved by the Borough Engineer. Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Borough Engineer.
B.
Height. No building containing apartment units shall exceed three stories in height; provided, however, that in no event shall any apartment structure exceed 45 feet in height. For Block 40, Lot 34, any portion of a building within 100 feet of Franklin Avenue shall have a maximum height of two stories.
C.
Yards. No building containing apartment units shall be closer than 35 feet to any abutting street right-of-way line nor closer than 35 feet to any other property line. Accessory structures and parking lots in the side and rear yards are permitted, provided that no accessory structure or parking lot is permitted in the driveway or a front yard.
D.
Distance between buildings. There shall be a minimum distance of 30 feet between all buildings containing apartments; provided, however, that no dimension of an open courtyard formed by either one building or a group of buildings shall be less than 60 feet. A minimum distance of 15 feet is required between accessory structures.
E.
Density. The maximum residential density shall be 15 units per acre in the AHO-15 District.
F.
Lot area. Each development shall have a minimum lot area of 20,560 square feet.
G.
Units per building. No garden apartment building shall contain more than 30 dwelling units.
I.
Basement units. Dwelling units shall not be permitted in basements; provided, however, that not more than 33% of the total volume of space of a dwelling unit shall be permitted in a basement.
J.
Floor area. All dwelling units shall conform to the following minimum floor area requirements exclusive of porches, staircases, basements, breezeways, balconies and attached garages:
K.
Location. No dwelling unit shall be located above the third story of any structure.
L.
Facilities.
(1)
Each dwelling unit shall contain complete cooking, toilet and bathing facilities. Bedrooms shall be separately partitioned and enclosed.
(2)
Each dwelling structure shall contain readily accessible interior storage area, exclusive of any closets, of at least 500 cubic feet per dwelling unit.
(3)
Each dwelling structure shall contain clothes washing and drying areas of at least 10 square feet of floor area per dwelling unit.
M.
Landscaping and screening.
(1)
All outdoor areas shall be landscaped as required by the Land Use Board at site plan approval. All parking, service and storage areas for trash and recyclables shall be adequately screened and shielded from adjacent residential areas and located on the site as approved by the Land Use Board.
(2)
Interior development roads and pedestrian walks shall be provided with shade trees. Open spaces adjacent to and between buildings, border strips along interior development roads and areas along the side of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material ground cover. Approaches to garden apartment dwelling structures and entrance areas shall be attractively shrubbed.
N.
Lighting. Site lighting shall be provided to illuminate the premises at night and all wiring shall be laid underground. All lighting fixtures shall be so located and shielded so that the direct source of light is not visible from any residential areas as approved by the Land Use Board.
O.
Architecture and construction. The architecture employed shall be aesthetically congruous with the surrounding area, as approved by the Land Use Board. All buildings shall be constructed in accordance with the Uniform Construction Code.[1]
(1)
The exterior of each building wall of each garden apartment dwelling structure shall be of solid brick or stone, brick, stone, aluminum or vinyl facing or other comparable durable building materials as permitted by the Uniform Construction Code and as approved by the Land Use Board. Exposed cinder block shall not be used for the exterior facing of any structure.
(2)
The exterior of all accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.
(3)
All stairways shall be constructed and contained within the apartment buildings.
(4)
There shall be between each garden apartment dwelling unit a soundproof fire wall constructed according to the specifications approved by the Borough Engineer and Construction Official as set forth in the Uniform Construction Code.
(5)
Each structure containing one or more dwelling units shall be provided with more than one exterior entrance from said structure.
P.
Trash disposal. Every garden apartment development shall provide for a screened and accessible dumpster area for regular trash and garbage disposal. In addition, there shall be provided on each site separate containers or bins for residents to deposit glass, aluminum, newsprint and other recyclables to comply with mandatory recycling regulations.
§ 172-104 Requirements for townhouses in AHO Districts.
The following requirements shall apply to all townhouse developments within the AHO Districts:
A.
Utilities. Each development shall be connected to the public sanitary sewer and water systems, as approved by the Borough Engineer. Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Borough Engineer.
B.
Height. No building containing townhouse units shall exceed 35 feet in height.
C.
Length. No building containing townhouse units shall exceed 160 feet in length.
D.
Yards. No building containing townhouse units shall be closer than 35 feet to any abutting street right-of-way line nor closer than 35 feet to any other property line. Accessory structures and parking lots in the side and rear yards are permitted, provided that no accessory structure or parking lot is permitted in the driveway or a front yard.
E.
Distance between buildings. There shall be a minimum distance of 20 feet between all buildings containing townhouses; provided, however, that no dimension of an open courtyard formed by either one building or a group of buildings shall be less than 60 feet. A minimum distance of 15 feet is required between accessory structures.
F.
Tract area. Each development shall have a minimum tract area of 20,560 square feet.
G.
Lot area. Each development shall have a minimum lot area of 2,000 square feet.[1]
[1]
These figures apply to the individual lots for each townhouse unit. In the event that the individual dwelling unit lots are not to be subdivided in fee simple but are to be part of a condominium association arrangement or part of a rental plan, the required area for each dwelling unit shall be designated on the site plan as an imaginary line conforming to the lot requirements indicated.
H.
Units per building. No townhouse building shall contain more than six dwelling units.
J.
Rooms. Each development shall meet the following requirements:
K.
Floor area. All dwelling units shall conform to the following minimum floor area requirements exclusive of porches, staircases, basements, breezeways, balconies and attached garages:
L.
Location. No dwelling unit shall be located above the third story of any structure.
M.
Facilities.
(1)
Each dwelling unit shall contain complete cooking, toilet and bathing facilities. Bedrooms shall be separately partitioned and enclosed.
(2)
Each dwelling structure shall contain readily accessible interior storage area, exclusive of any closets, of at least 500 cubic feet per dwelling unit.
(3)
Each dwelling structure shall contain clothes washing and drying areas of at least 10 square feet of floor area per dwelling unit.
Bulk and Dimensional Requirements | |
|---|---|
Minimum | Individual Lots |
Tract size | — |
Lot width | 20 feet[2] |
Lot depth | 100 feet[3] |
Front yard | 25 feet[4] |
Side yard | |
Rear yard | 25 feet[7] |
Maximum | Individual Lots |
|---|---|
Building coverage | 50% |
Site coverage | 70% |
Building height | 35 feet |
Building length | — |
[2]
These figures apply to the individual lots for each townhouse unit. In the event that the individual dwelling unit lots are not to be subdivided in fee simple but are to be part of a condominium association arrangement or part of a rental plan, the required area for each dwelling unit shall be designated on the site plan as an imaginary line conforming to the lot requirements indicated.
[3]
These figures apply to the individual lots for each townhouse unit. In the event that the individual dwelling unit lots are not to be subdivided in fee simple but are to be part of a condominium association arrangement or part of a rental plan, the required area for each dwelling unit shall be designated on the site plan as an imaginary line conforming to the lot requirements indicated.
[4]
These figures apply to the individual lots for each townhouse unit. In the event that the individual dwelling unit lots are not to be subdivided in fee simple but are to be part of a condominium association arrangement or part of a rental plan, the required area for each dwelling unit shall be designated on the site plan as an imaginary line conforming to the lot requirements indicated.
[5]
These figures apply to the individual lots for each townhouse unit. In the event that the individual dwelling unit lots are not to be subdivided in fee simple but are to be part of a condominium association arrangement or part of a rental plan, the required area for each dwelling unit shall be designated on the site plan as an imaginary line conforming to the lot requirements indicated.
[6]
The minimum side yard requirements for individual townhouse lots apply only to end units on the buildings.
[7]
These figures apply to the individual lots for each townhouse unit. In the event that the individual dwelling unit lots are not to be subdivided in fee simple but are to be part of a condominium association arrangement or part of a rental plan, the required area for each dwelling unit shall be designated on the site plan as an imaginary line conforming to the lot requirements indicated.
§ 172-104.1 Requirements for senior housing apartments in AHO Districts.
[Added 7-9-2020 by Ord. No. 10-20]
The following requirements shall apply to all senior housing apartment developments within the AHO Districts:
A.
Height. No building containing senior housing apartment units shall exceed three stories or 38 feet in height. Buildings containing senior housing apartment units shall have a gable or sloped roof residential in character. Notwithstanding the foregoing, a portion of said roof shall be permitted to be flat to accommodate rooftop equipment. Height shall be measured from the average elevation of the proposed finished grade at each corner of the building next to the foundation to the mean height of a gable roof. A minimum roof pitch of 5:12 shall be provided.
[Amended 4-8-2021 by Ord. No. 09-21]
B.
Height of rooftop equipment: Maximum building height shall not include roof-mounted appurtenant structures, fixtures and equipment, including but not limited to chimneys, antennas, HVAC equipment, tanks, cupolas, and similar projections if such structures comply with the following:
(1)
Rooftop mechanical equipment not to exceed 15% of roof area.
(2)
Shall be setback minimum 10 feet from front and side building perimeter, and five feet from any rear building perimeter.
[Amended 4-8-2021 by Ord. No. 09-21]
(3)
Any rooftop equipment shall not exceed 10 feet in height and must be screened/treated architecturally in materials/colors that complement building facade to reduce visual impact.
(4)
Any equipment that does not comply with above must be included in overall building height.
C.
Story height. Minimum story height shall be nine feet.
D.
Lot area. Each development shall have a minimum lot area of 6.5 acres.
[Amended 4-8-2021 by Ord. No. 09-21]
E.
Lot width. Minimum lot width of 300 feet.
F.
Lot depth. Minimum lot depth of 100 feet.
G.
Side yard, principal: 50 feet.
H.
Front yard, principal: 50 feet.
I.
Rear yard, principal: 50 feet.
J.
Building coverage: 10%.
K.
Lot coverage: 30%.
L.
Accessory structure and parking setback: 10 feet from all property lines.
M.
Maximum density: 11 units per acre for a total of 70 maximum units, including one accessory on-site caretaker unit if approved by the Board.
[Amended 4-8-2021 by Ord. No. 09-21]
N.
Parking and loading.
[Amended 4-8-2021 by Ord. No. 09-21]
(1)
Each senior housing, apartment development shall provide 1.0 space per unit, plus 1.0 per maximum number of employees per shift, 1.0 for every five units for visitor parking, plus one oversized parking space (eight feet by 40 feet) for buses, shuttles, deliveries, etc. Parking in the fifty-foot front yard setback shall not exceed 40% of the required parking spaces. Pursuant to N.J.A.C. 5:21-4.14(c), the Borough is accepting these parking standards as standards that better reflect local conditions and characteristics of senior housing, apartment developments.
(2)
Loading spaces shall be permitted in the front yard.
P.
Architecture. The architecture employed shall be aesthetically congruous with the surrounding area, as approved by the Land Use Board.
(1)
The exterior of building wall shall be of high-quality and durable building materials as permitted by the Uniform Construction Code and as approved by the Land Use Board. Exposed cinderblock shall not be used for the exterior facing of any structure.
(2)
The exterior of all accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.
(3)
All stairways shall be constructed and contained within the apartment buildings.
(4)
Walls separating dwelling units shall be constructed as 1HR rated fire partitions with sound attenuation, as required by the 2018 International Building Code: NJ Edition.
(5)
To ensure an articulated facade, one of following architectural elements must be provided: 1) at least every 35 feet, the building will step forward or backward at least five feet, or 2) at least every 51 feet of the main building facade along West Main Street will step back or forward at least two feet, with an average change of three feet, plus a step forward of at least 10 feet for the twenty-to-thirty-foot width around and at the building entrance.
[Amended 4-8-2021 by Ord. No. 09-21]
(7)
The main building entrance shall be prominently designed, with roof cover.
Q.
Utilities. Each development shall be connected to the public sanitary sewer and water systems, as approved by the Borough Engineer. Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Borough Engineer. All proposed utilities (including transformers, HVAC, generators, and telecommunication equipment) shall be located in a way that is visually unobtrusive. Utilities shall be located to the rear or side of the principal structure. All utilities shall be screened so as to not be visible from the public right-of-way. All new electric and telecommunications connections shall be installed underground.
[Amended 4-8-2021 by Ord. No. 09-21]
R.
Facilities.
(1)
Minimum of two bathroom facilities for common use shall be provided on first floor.
(2)
Total amenity areas shall be a minimum of 100 square feet per bedroom and must include at least 25% of amenity space indoors and 25% of amenity space outdoors. Outdoor space may include accessible lawn area, decks, patios, terraces, or similar amenity space and shall be available to and accessible to each unit.
[Amended 4-8-2021 by Ord. No. 09-21]
(a)
Indoor amenity areas must consist of at least one "flex community room" with communal kitchen appliances and seating that can be used for gatherings, events, or activities.
(4)
Outdoor amenity areas must consist of at least:
(a)
Seating accommodation for at least 0.25 seats per bedroom or 0.50 linear feet of bench per bedroom. At least 50% shall be in shade.
(b)
One active recreation area, which may include outdoor exercise equipment, swimming pool, and/or bocce court.
[Amended 4-8-2021 by Ord. No. 09-21]
(c)
One passive recreation area, which may include walking path, gardening areas, chess/checker tables, gazebos, library, butterfly garden, and/or outdoor living rooms/firepits.
(d)
In addition, outdoor amenity areas may also consist of personal patios, personal decks, personal balconies, and additional active/passive recreation area. Notwithstanding the foregoing, such structures are not required and shall only be counted towards outdoor amenity space if such structures are proposed.
[Amended 4-8-2021 by Ord. No. 09-21]
(e)
Outdoor amenity areas must be setback a minimum of 15 feet from all property lines and will be enclosed and screened by fencing or landscaping as approved by the Board. Walking paths are exempt from setback and screening requirements.
[Amended 4-8-2021 by Ord. No. 09-21]
(5)
Bicycle parking required per ordinance may be included in the total amenity space, either located indoors or outdoors.
(6)
The facility may have at least one on-site maintenance/caretaker unit.
S.
Landscaping.
(1)
A landscape yard buffer shall be a minimum of five feet along the length of the property with building or parking improvement area. No structure, storage of materials or parking of vehicles shall be permitted within a buffer, with the exception of a permitted ground sign.
(2)
All driveways and paths shall be buffered on both side by three-foot-wide landscaping where appropriate, not including parking spaces abutting sidewalks/walkways.
[Amended 4-8-2021 by Ord. No. 09-21]
(3)
All outdoor areas shall be landscaped as required by the Land Use Board at site plan approval. All parking, service and storage areas for trash and recyclables shall be adequately screened and shielded from public right-of-way and located on the site as approved by the Land Use Board.
(4)
Interior development roadway and pedestrian walks shall be provided with shade trees. Areas along the side of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material ground cover. Entrances and approaches to building structures and entrance areas shall be attractively shrubbed.
(5)
Landscape buffering of at least four feet or solid fencing or wall shall be provided around parking areas visible to public right-of-way at no less than 50% opacity to a height of four feet after five years of growth. This shall exclude sight lines.
(6)
Invasive species shall not be permitted.
T.
Refuse. Refuse shall not be located in any required front yard or buffer. All outdoor refuse shall be visually screened within a durable, noncombustible enclosure, so as not to be visible from adjacent lots or sites, neighboring properties or streets. Screening may be accomplished through the use of planting buffers, fences or walls, and shall be high enough to screen these structures.
U.
Signage.
(1)
Maximum of one façade sign with residential building name, with a maximum 20 square feet in area. Externally illuminated or backlit channel letters only.
(2)
Maximum of two ground signs, either two-post-wood freestanding, monument style, or post and arm, or approved equal. Externally illuminated or backlit channel letters only. Maximum sign area of 20 square feet per sign, total sign height up to six feet including monument base. No electronic/neon/flashing messaging. Minimum setback of one foot from front property line (10 feet from curb line), and minimum setback of 10 feet from side/rear property lines.
V.
Lighting.
(1)
Site lighting shall be provided and all wiring shall be laid underground.
(2)
All lighting fixtures shall be downward-facing and full cut-off, and all nonessential lights shall be turned off overnight.
(3)
Maximum mounting height of all lighting fixtures shall be no more than 12 feet in front yard, and 15 feet in side and rear yard. No fifteen-foot lights can be within 30 feet.
(4)
No flashing, laser, searchlight, strobe, tracing, pulsating, or neon exterior lighting is permitted.
(5)
Maximum color temperature should be 3,500º K.
(6)
Outdoor lighting levels and illumination shall meet the following average maintained horizontal footcandles measured at average point of illumination between four and five feet above grade:
(a)
Property line (maximum): 0.5 footcandles at side/rear property line and 3.0 footcandles at sidewalk frontage.
(b)
Property line (maximum): One footcandle at front property line and 3.0 footcandles at sidewalk frontage.
(c)
Parking and driveway area: one to three footcandles.
(d)
Residential entrance (fully shielded luminaire): three to five footcandles.
(e)
Building façade (maximum): three footcandles.
W.
Sustainable design. Applicant should employ at least one sustainable design feature:
(1)
Electric vehicle charging stations or electric conduits to facilitate future electric vehicle charging stations.
(2)
Energy efficient windows and appliances.
(3)
Rainwater harvesting such as rain gardens and bioswales.
(4)
Green walls or green roofs.
(5)
Solar panels on building roof.
(6)
Efficient LED lighting.
Y.
Retaining walls. The maximum permitted exposed height of a single retaining wall shall be 10 feet. Notwithstanding the foregoing, a portion of the retaining wall may be permitted up to 12 feet in height for a length not to exceed 100 linear feet, if necessary due to the grading adjacent to the corner of Block 73, Lot 66's south and west property line, provided that such wall permitted up to 12 feet must be either the first wall in a tiered system or the only wall in that portion of the property. Tiered retaining walls are permitted and shall be spaced a minimum of five feet apart, measured face-to-face. The aggregate height at any one point of tiered retaining walls shall not exceed 35 feet, measured from the finished grade at the bottom of the lowest wall to the top of the highest wall. Fences shall be permitted on top of a retaining wall but shall not be included in calculating the height of the retaining wall. Walls over six feet in height shall be setback from property lines by at least 10 feet as measured from the face of the wall. No retaining wall shall be set back closer than 20 feet to the right-of-way. All retaining walls shall be architecturally treated so as to enhance their appearance to the reasonable satisfaction of the reviewing land use board and its professionals.
[Added 4-8-2021 by Ord. No. 09-21]
Z.
Site plan approval. Prior to the issuance of any building permit, pursuant to this chapter, a site plan of the entire project as required in Chapter 171 shall be approved by the Land Use Board.
AA.
Relationship to Other Ordinances. In any instance in which these regulations and standards address a particular land development control, these regulations and standards shall supersede those in the Borough of Rockaway Code.
[Added 4-8-2021 by Ord. No. 09-21]
BB.
Exemptions. Development within the AHO-S Zone shall be exempt from the requirements of Chapter 170, Article V, Tree Conservation and Protection. Development within the AHO-S Zone shall be conditionally exempted from Chapter 170, Article II, Soil Disturbance; and Article I, § 170-5, Steep slopes and critical slopes, subject to the following requirements: 1) slope disturbance shall be reviewed by the Borough Engineer during site plan review, to determine whether there is adequate stabilization during and after the construction process; 2) slope disturbance shall be in accordance with the NJ Sediment and Soil Erosion Control Manual; 3) proof of insurance for all blasting, drilling, excavation, and any damage for off-site properties during the construction process must be provided; and 4) slope disturbance is restricted to areas as approved by the Land Use Board during site plan review.
[Added 4-8-2021 by Ord. No. 09-21]