Saddle Brook City Zoning Code
ARTICLE VE
Affordable Housing Districts
§ 206-9.39 AH-1 Affordable Housing Zone District.
[Added 4-29-2003 by Ord. No. 1272[1]]
A.
Objectives.
(1)
It is the purpose of the AH-1 Affordable Housing Zone District to provide for the customary needs, including but not limited to moderate- and low-income housing needs, of one-person households, larger families and senior citizens residing in medium-density multifamily housing.
(2)
The following land and premises shown and designated on the Tax Assessment Map of the Township of Saddle Brook are hereby rezoned and included in this district for medium-density multifamily housing development and associated open space, which shall be permitted within the framework of a comprehensive integrated community design:
Block | Lot |
|---|---|
705 | 22 |
B.
Permitted uses. No building or premises or part of a building shall be used, erected, constructed or altered which shall be arranged, intended or designed to be used by any other purpose other than multifamily residential dwelling units.
C.
Permitted accessory uses. Permitted accessory uses shall be as follows:
E.
Area and yard requirements. Area, bulk and yard requirements for affordable housing dwelling units and accessory uses shall be as follows:
(1)
Minimum tract size: 1.4 acres.
[Amended 10-9-2003]
(2)
Maximum permitted density: up to 15 units per acre, but not to exceed 38 units for the property.
[Amended 10-9-2003; 12-20-2007 by Ord. No. 1428]
(4)
Minimum setbacks, accessory uses: 10 feet from principal building/garage.
(6)
Minimum yard setbacks: 10 feet.
(7)
Maximum building height: three stories or 35 feet.
(8)
Parking (per RSIS):
Housing Unit Type/Size | Minimum Parking Requirement* |
|---|---|
1 bedroom | 1.8 spaces/unit |
2 bedroom | 2.0 spaces/unit |
*The parking requirement of 2.0 spaces/unit shall apply when the number of bedrooms is not specified. |
F.
Additional requirements/alternatives for development in an AH-1 Affordable Housing District Zone:
(1)
Inclusionary development set-aside. A minimum of 15% of the total number of dwelling units in a development in the AH-1 District shall be set aside for low- and moderate-income households, in accordance with the provisions of this section. This may be transferred to another affordable housing project located within the Township of Saddle Brook.
(2)
Compliance with the Council on Affordable Housing (COAH). All requirements within the AH-1 District must comply with those standards and guidelines set forth by COAH unless waived by the court.
[1]
Editor's Note: This ordinance was adopted as part of a settlement agreement with respect to a builder's remedy lawsuit filed by 10 Sampson Street Associates, LLC, and which rezoned the real property located at 10 Sampson Street.
§ 206-9.40 AH-2 Affordable Housing Zone District.
[Added 5-8-2003 by Ord. No. 1273]
A.
Objectives.
(1)
It is the purpose of the AH-2 Affordable Housing Zone District to provide for the customary needs, including but not limited to moderate- and low-income housing, of one-person households, larger families and senior citizens residing in medium-density multifamily housing.
(2)
The following land and premises shown and designated on the Tax Assessment Map of the Township of Saddle Brook shall be rezoned and included in this district for medium-density multifamily housing development and associated open space, which shall be permitted within the framework of a comprehensive integrated community design:
Block | Lot |
|---|---|
910 | 2 |
B.
Permitted uses. No building or premises or part of a building shall be used, erected, constructed or altered which shall be arranged, intended or designed to be used by any other purpose other than multifamily mid-rise residential dwelling units.
C.
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1)
Multilevel parking garage (may be integral with building), but which shall be no higher than the level of the top floor of the building.
(2)
Recreation facilities, including but not limited to:
(3)
Stormwater management facilities.
(4)
Storage and mechanical outbuildings.
(5)
Signs.
(6)
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(7)
Management office.
E.
Area and yard requirements. Area, bulk and yard requirements for affordable housing dwelling units and accessory uses shall be as follows:
(1)
Minimum tract size: 4.0 acres.
(2)
Maximum permitted density: up to 15 units per acre, but not to exceed 158 units for this property.
[Amended 9-8-2005 by Ord. No. 1352; 12-20-2007 by Ord. No. 1428]
(4)
Minimum setbacks, accessory uses: 10 feet from principal building/garage.
(6)
Minimum yard setback: 10 feet.
(7)
Maximum building height: 4.5 stories or 63 feet.
(8)
Parking (per RSIS):
Housing Unit Type/Size | Minimum Parking Requirement* |
|---|---|
1 bedroom | 1.8 spaces/unit |
2 bedroom | 2.0 spaces/unit |
*The parking requirement of 2.0 spaces/unit shall apply if the number of bedrooms is not specified. |
F.
Additional requirements/alternatives for development in an AH-2 Affordable Housing District Zone.
(1)
Inclusionary development set-aside. A minimum of 15% of the total number of dwelling units in a development in the AH-2 District shall be set aside for low- and moderate-income households, in accordance with the provisions of this section. This may be transferred to another affordable housing project located within the Township of Saddle Brook or transferred to a receiving municipality via a Regional Contribution Agreement.
(2)
Compliance with the Council on Affordable Housing (COAH). All requirements within the AH-2 District must comply with those standards and guidelines set forth by COAH unless waived by the court.
§ 206-9.41 (Reserved) [1]
[1]
Editor's Note: Former § 206-9.41, Mount Laurel Housing Overlay Zone, added 6-12-2003 by Ord. No. 1276, was repealed 2-12-2004 by Ord. No. 1310.
§ 206-9.42 AH-3 Affordable Housing Residential District.
[Added 1-8-2004 by Ord. No. 1303]
A.
The following tax lots shall be rezoned from the O-M Office Mid-Rise District to the AH-3 Affordable Housing Residential District:
(1)
Block 402, Lots 1 and 2.
B.
Purpose. The purpose of the AH-3 District is to provide for enhanced opportunities for affordable housing while at the same time redeveloping an area of the Township that is an area in need of redevelopment.
C. BUFFER BUILDING HEIGHT COMMON ACCESS DRIVEWAY FRONT OF BUILDING PRIVATE DRIVEWAY SCREENING STREET, PRIVATE STREET PUBLIC
Definitions. The following definitions are applicable to this section.
A continuous area of open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate one use of the property from another. Principal road access facilities shall be permitted in buffer 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 deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
A driveway providing access from an exterior public street to a private driveway.
For residential buildings where there is direct entrance from the exterior to each dwelling unit therein, the building front shall mean all the exterior walls that face a public or private road. Such buildings may have two front and no rear. For residential buildings where there is a common entrance from the exterior to all dwelling units therein, the building front shall mean all exterior walls in which such common entrance is located.
A driveway providing access from a common access driveway to a private garage.
Method of visually shielding one abutting or nearby structure or use from another by fencing, walls, berms, or reasonably sized plantings.
A street that has not been accepted by the municipality or other governmental entity.
A street that has been accepted by the municipality or other governmental entity.
D.
Permitted uses and structures. In Residence AH-3 Districts, no lot, plot, or parcel or tract of land shall be built, altered, or erected to be used for any purpose other than that of:
(1)
Multiple-family dwellings consisting of three stories. These structures may include flats or townhouses. One level of parking may be permitted beneath the habitable stories; however, the structures cannot exceed a total of three stories in height.
(2)
Normal and customary accessory buildings.
(3)
One freestanding sign identifying the residential development.
E.
Minimum area, width and depth. The minimum lot size shall be two acres. The minimum lot width shall be 200 feet. The minimum lot depth shall be 200 feet.
G.
Setbacks. The minimum setbacks for the following yards shall be required:
(1)
Front yard setback: 30 feet.
(2)
Side yard setback: 25 feet.
(3)
Rear yard setback: 25 feet.
Parking lots, driveways, utilities, fencing, and landscaping shall be permitted in the setbacks. However, no paved surfaces or structures of any kind (with the exception of fences) will be permitted within five feet of any property line. |
H.
Building length. The maximum length of any building shall not exceed 250 feet; provided, however, for buildings exceeding 150 feet in length, there shall be at least two horizontal breaks in the front facade that vary the setback by a minimum of four feet.
I.
Distance between structures. The minimum distance between structures shall be equal to the building height of the taller structure.
J.
Density. The maximum allowable density shall be 15 dwelling units per acre, not to exceed a total of 80 units.
[Amended 12-20-2007 by Ord. No. 1428]
K.
Set-aside. A total of 12 units will be set aside as low- and moderate-income rental units.
L.
Coverage. Lot coverage by principal buildings shall not exceed 40%; total impervious surface coverage shall not exceed 70%.
[Amended 12-14-2006 by Ord. No. 1401]
M.
Recreation and open space. A minimum of 5% of the total site area shall be set aside for recreation and landscaped open space, which shall be inclusive of sidewalks.
N.
Buffers. Landscaping where permitted shall be required along all front, side and rear property lines, subject to approval by the approving authority.
O.
Interior roads, access drives, and sidewalks. All roads, drives, sidewalks and parking areas shall be constructed in accordance with the Residential Site Improvement Standards. Roads and drives shall be so designed as to minimize hazards to pedestrian and vehicular traffic. Each development which does not directly abut such a road shall have direct access by way of an interior road or roads to an improved municipal or county road. No parking shall be permitted on the interior streets of a residential development.
P.
Building limitations and requirements.
(1)
There shall be no dwelling units in the basement; however, this restriction shall not prohibit the use of basements for storage and similar purposes.
(2)
Bedroom mix for non-age-restricted affordable units.
(a)
The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total of low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units are two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be three-bedroom units.
(4)
The following schedule will apply to the non-affordable housing portion of the project:
Minimum Lot Area per Unit (square feet) | Number of Bedrooms |
|---|---|
1,300 | 1 |
1,500 | 2 |
500 per additional bedroom |
Q.
Off-street parking requirements. Parking shall be provided in accordance with RSIS requirements as follows: one-bedroom unit, 1.8; two-bedroom unit, 2.3; three-bedroom unit, 2.4. Aisle widths for perpendicular parking shall be at least 24 feet. Parking spaces shall be nine feet by 18 feet. All parking areas shall be adequately drained and lighted. No parking spaces shall be permitted within 20 feet of the front property line, or within 10 feet of any dwelling unit with the exception of garage access points. Garages and parking structures (as part of a building) shall be no more than one story above the ground. The architectural design and materials used in the construction thereof shall conform to the design and building material used in the construction of the main building. No part of any garage or other accessory building shall be used for living purposes.
R.
Structural provisions. All residential developments shall be built in accordance with requirements of the National Building Code per the accepted and approved edition that is in effect per the New Jersey Uniform Construction Code at the time of the building permit application.
S.
Heating and air conditioning.
(1)
No dwelling structure shall be constructed without a central heating system or systems sufficient to permit each dwelling unit to be maintained at a temperature of 72° F. when the outside temperature is 0° F., and the temperature for each dwelling unit shall be regulated by a control or controls located therein.
(2)
Central or individual air conditioning units shall be provided so as to permit each dwelling unit to maintain a temperature of 72° F. when the outside temperature is 90° F.; and where central systems are employed, the temperature for each dwelling unit shall be regulated by a control or controls located therein; and where individual units are employed, such units shall be of the flush type so as to provide for minimum protrusion from the windows or walls of the dwelling units.
T.
Utilities. All utilities serving the structure shall be installed underground at expense to the applicant. Connections to all utilities shall also be made at expense to the applicant, and applicant shall reimburse the Township for all costs, charges, expenses and the like arising from or occasioned by such utility connection or use. Water sources and distribution systems shall be approved by the appropriate Township authorities so as to ensure the adequacy, quality and sufficiency for fire-fighting purposes. The builder shall install, at his expense, fire alarm boxes as required and as approved by the Fire Department. The placement and number of fire hydrants shall be subject to the approval of the Fire Department. No certificate of occupancy shall be issued for any development unless and until the Township Engineer certifies that "as-built" drawings, certified by a licensed professional engineer, showing the precise location of all underground utilities, manholes, valves, tap-ins, and appurtenances thereto, have been filed in his office. After certification by the Township Engineer, the "as-built" drawings shall be permanently filed with the office of the Secretary of the Planning Board.
U.
Easements. A fifteen-foot-wide easement shall be granted to the Borough for access to utilities that run through the property.
V.
Garbage disposal. There shall be no incinerators and all garbage shall be compacted by a hydraulic compaction unit.
W.
RCA obligation. The owner/developer, in lieu of the provisions of Ordinance No. 1276-03,[1] shall pay to the Township's Housing Trust Fund the sum of $600,000 to support the Township's regional contribution agreement obligation.
[1]
Editor's Note: Ord. No. 1276-03 was repealed 2-12-2004 by Ord. No. 1310.
§ 206-9.43 AH-4 Affordable Housing Residential District.
[Added 1-8-2004 by Ord. No. 1302]
A.
The following tax lot shall be rezoned from the TH3 Townhouse District to the AH-4 Affordable Housing Residential District:
(1)
Block 101, Lot 8.
B.
Purpose. The purpose of the AH-4 District is to provide for enhanced opportunities for affordable housing while at the same time redeveloping an area of the Township that is an area in need of redevelopment.
C. BUFFER BUILDING HEIGHT COMMON ACCESS DRIVEWAY FRONT OF BUILDINGS PRIVATE DRIVEWAY SCREENING STREET PRIVATE STREET, PUBLIC
Definitions. The following definitions are applicable to this section.
A continuous area of open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate one use of the property from another. Principal road access facilities shall be permitted in buffer 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 deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
A driveway providing access from an exterior public street to a private driveway.
For residential buildings where there is direct entrance from the exterior to each dwelling unit therein, the building front shall mean all the exterior walls that face a public or private road. Such buildings may have two fronts and no rear. For residential buildings where there is a common entrance from the exterior to all dwelling units therein, the building front shall mean all exterior walls in which such common entrants is located.
A driveway providing access from a common access driveway to a private garage.
Method of visually shielding one abutting or nearby structure or use from another by fencing, walls, berms, or reasonably sized plantings.
A street that has not been accepted by the municipality or other governmental entity.
A street that has been accepted by the municipality or other governmental entity.
D.
Permitted uses and structures. In Residence AH-4 Districts, no lot, plot, or parcel or tract of land shall be built, altered, or erected to be used for any purpose other than that of:
E.
Minimum area. The minimum lot size shall be two acres.
F.
Minimum width at street line. The minimum width at the street line shall be 100 feet.
G.
Maximum height. The maximum height of the structure, measured as the average mean elevation at the ground line to the top of roof structure, shall be 35 feet. The maximum height of an accessory structure shall be 12 feet.
H.
Setbacks. The minimum setbacks for the following yards shall be required:
(1)
Front yard setback: 30 feet.
(2)
Side yard setback: 25 feet.
(3)
Rear yard setback: 25 feet.
Parking lots, driveways, utilities, fencing, and landscaping shall be permitted in the setbacks. However, no paved surface or structures of any kind (with the exception of fences) will be permitted within five feet of any property line. |
I.
Building length. The maximum length of any building shall not exceed 200 feet; provided, however, for buildings acceding 125 feet in length, there shall be at least two horizontal breaks in the front facade that vary the setback by a minimum of four feet.
J.
Distance between structures. The minimum distance between structures shall be equal to the building height of the taller structure.
K.
Density. The maximum allowable density shall be 15 dwelling units per acre, not to exceed a total of 39 units.
[Amended 12-20-2007 by Ord. No. 1428]
L.
Set-aside. In lieu of providing low- and moderate-income units, the developer will be providing money-in-lieu as set forth in Subsection V of this section.
M.
Coverage. Lot coverage by principal buildings shall not exceed 30%; total impervious surface coverage shall not exceed 50%.
N.
Recreation and open space. A minimum of 10% of the total site area shall be set aside for recreation and landscaped open space, which shall be inclusive of sidewalks.
O.
Buffers. Landscaping where permitted shall be required along all front, side and rear property lines, subject to approval by the approving authority.
P.
Interior roads, access drives, and sidewalks. All roads, drives, sidewalks and parking areas shall be constructed in accordance with the Residential Site Improvement Standards. Roads and drives shall be so designed as to minimize hazards to pedestrian and vehicular traffic. Each development which does not directly abut such a road shall have direct access by way of an interior road or roads to an improved municipal or county road. No parking shall be permitted on the interior streets of a residential development.
Q.
Building limitations and requirements.
(1)
There shall be no dwelling units in the basement; however, this restriction shall not prohibit the use of basements for storage and similar purposes.
(2)
Bedroom mix for non-age-restricted affordable units, if so provided.
(a)
The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total of low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units are two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be three-bedroom units.
(4)
The following schedule will apply to the non-affordable-housing portion of the project;
Minimum Lot Area per Unit (square feet) | Number of Bedrooms |
|---|---|
2,000 | 1 |
2,400 | 2 |
1,000 per additional bedroom |
R.
Off-street parking requirements. Parking shall be provided in accordance with RSIS requirements as follows: one-bedroom unit, 1.8; two-bedroom unit, 2.3; three-bedroom unit, 2.4. Aisle widths for perpendicular parking shall be at least 24 feet. Parking spaces shall be nine feet by 18 feet. All parking areas shall be adequately drained and lighted. No packing spaces shall be permitted within 20 feet of the front property line, or within 10 feet of any dwelling unit, with the exception of garage access points. Garages and parking structures (as part of a building) shall be no more than one story above the ground. The architectural design and materials and in the construction thereof shall conform to the design and building material used in the construction of the main building. No part of any garage or other accessory building shall be used for living purposes.
S.
Structural provisions. All residential developments shall be built in accordance with requirements of the National Building Code per the accepted and approved edition that is in effect per the New Jersey Uniform Construction Code at the time of the building permit application.
T.
Heating and air conditioning.
(1)
No dwelling structure shall be constructed without a central heating system or systems sufficient to permit each dwelling unit to be maintained at a temperature of 72° F. when the outside temperature is 0° F.; and the temperature for each dwelling unit shall be regulated by a control or controls located therein.
(2)
Central or individual air conditioning units shall be provided so as to permit each dwelling unit to maintain a temperature of 72° F. when the outside temperature is 90° F.; and where central systems are employed, the temperature for each dwelling unit shall be regulated by a control or controls located therein; and where individual units are employed, such units shall be of the flush type so as to provide for minimum protrusion from the windows or walls of the dwelling units.
U.
Utilities. All utilities serving the structure shall be installed underground at expense to the applicant, and applicant shall reimburse the Township for all costs, charges, expenses and the like arising from or occasioned by such utility connection or use. Connections to all utilities shall also be made at expense to the applicant. Water sources and distribution systems shall be approved by the appropriate Township authorities so as to ensure the adequacy, quality and sufficiency for fire-fighting purposes. The builder shall install, at his expense, fire alarm boxes as required and as approved by the Fire Department. The placement and number of fire hydrants shall be subject to the approval of the Fire Department. No certificate of occupancy shall be issued for any development unless and until the Township Engineer certifies that "as-built" drawings, certified by a licensed professional engineer, showing the precise location of all underground utilities, manholes, valves, tap-ins, and appurtenances thereto, have been filed in his office. After certification by the Township Engineer, the "as-built" drawings shall be permanently filed with the office of the Secretary of the Planning Board.
V.
Garbage disposal. There shall be no incinerators and all garbage shall be compacted by a hydraulic compaction unit.
W.
RCA obligation. The owner/developer, in lieu of the provisions of Ordinance No. 1276-03,[1] shall pay to the Township's Housing Trust Fund the sum of $200,000 to support the Township's regional contribution agreement obligation.
[1]
Editor's Note: Ord. No. 1276-03 was repealed 2-12-2004 by Ord. No. 1310.
§ 206-9.43.1 AH-5 Affordable Housing Residential District.
[Added 2-16-2006 by Ord. No. 1376; amended 8-24-2006 by Ord. No. 1395; 12-20-2007 by Ord. No. 1428; 9-3-2020 by Ord. No. 1688-20]
A.
There shall be established an AH-5 Affordable Housing Residential District in the Township.
B.
The following tax lots shall be rezoned from the O-M Office Mid-Rise District to the AH-5 Affordable Housing Residential District:
(1)
Block 401, Lots 4 and 5.
C.
The purpose of the AH-5 Affordable Housing Residential District is to provide for enhanced opportunities for affordable housing while at the same time redeveloping an area of the Township that is an area in need of redevelopment.
D.
Permitted uses and structures: all principal uses permitted in the R-T Townhouse District, subject to a developer's agreement as between developer and the Township.
E.
All other provisions of the R-T Townhouse District shall apply, except that there shall be a maximum density of 15 units per acre, but not to exceed 10 units for the combined Block 401, Lots 4 and 5. One-family residential structures shall count as one unit. Two-family residential structures shall count as two units, and multifamily structures shall count as the number of units therein. All multifamily units shall be limited to one- and two-bedrooms only; three bedrooms shall not be permitted in any such unit.
F.
Compliance with laws and regulations.
[Amended 6-3-2021 by Ord. No. 1701-21]
(1)
All development in the AH-5 Affordable Housing Residential District shall comply with the March 10, 2015, New Jersey Supreme Court decision In re the Adoption of N.J.A.C. 5:96 and 5:97 by NJ Council on Affordable Housing and COAH's Second Round Rules (N.J.A.C. 5:93). The required affordable setaside shall be 15% for rental developments and 20% for for-sale developments.
(2)
All affordable units within the AH-5 District shall be developed, restricted, regulated and administered in accordance with the provisions of the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.), the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), including the Fair Housing Act's definition of "very-low-income households," and all other provisions of Chapter 48, Affordable Housing, of the Code of the Township of Saddle Brook.
§ 206-9.43.2 AH-6 Affordable Housing Residential District.
[Added 12-22-2008 by Ord. No. 1461; amended 8-5-2021 by Ord. No. 1708-21]
A.
There shall be established an AH-6 Affordable Housing Residential District in the Township.
B.
The following tax lot is hereby rezoned from the I Industrial District to the AH-6 Affordable Housing Residential District:
(1)
Block 1401, Lot 18.
C.
Purpose. The purpose of the AH-6 District is to provide for enhanced opportunities for affordable housing by permitting the development of a municipally sponsored 100% affordable project in accordance with the Township's Housing Element and Fair Share Plan.
D.
Permitted principal uses: multifamily mid-rise residential dwelling units.
E.
Permitted accessory uses: Permitted accessory uses shall be as follows:
(1)
Off-street parking areas.
(2)
Recreation facilities, including, but not limited to:
(a)
Private recreation buildings and facilities, including ancillary indoor and outdoor private recreational amenities, including playgrounds and tot lots, primarily intended for use by residents of the development.
(b)
Club houses, community centers/rooms serving the residents of the development.
(c)
Courtyards and patios.
(d)
Gazebos, pergolas, fences, walls and similar outdoor landscape structures.
(3)
Stormwater management facilities, including green infrastructure, which shall be exempt from impervious coverage calculations. Drainage outfall shall be permitted through parcels adjacent to the AH-6 Zone, subject to the applicant obtaining any necessary easements.
(4)
Storage, maintenance and mechanical outbuildings.
(5)
Signs.
(6)
Management office, employee-/superintendent-occupied dwelling unit (at applicant's discretion).
(7)
Other customary accessory uses and buildings which are clearly incidental to the principal use and buildings.
F.
Area and yard requirements. Area, bulk and yard requirements for the AH-6 Affordable Housing Residential Zone dwelling units and accessory uses shall be as follows:
(1)
Density. The maximum allowable density shall not exceed a total of 22 units per acre.
(2)
Maximum height. Height shall be measured from grade existing at the time of application to the top of the highest roof beams of a flat roof, or to the mean level of the highest gable or slope of a hip roof. The maximum height of structures shall be three stories and 40 feet.
(3)
Building setbacks. Principal buildings shall be set back a minimum of 15 feet from any property line. The minimum distance between principal structures on site shall be 25 feet.
(4)
Coverage. Lot coverage by principal buildings shall not exceed 35%; lot coverage by accessory structures shall not exceed 35%; total impervious surface coverage shall not exceed 70%. Stormwater management structures, including but not limited to green infrastructure as defined by the New Jersey Department of Environmental Protection (but excluding pervious pavers), shall not be included in the computation of lot coverage by principal buildings or impervious surface coverage.
(5)
Parking lots, driveways, utilities, fencing, stormwater management components, including green infrastructure, and landscaping shall be permitted in the setbacks, except that parking spaces shall be set back five feet from any property line.
(6)
Passive and/or active recreation and/or open space shall be provided such that a minimum of 5% of the total site area shall be set aside for passive and/or active recreation and/or open space.
(7)
Privacy fencing, six feet in height, shall be provided along any property lines adjacent to existing residential developments.
G.
Unit distribution. In accordance with the rules and regulations of Section 42 of the Internal Revenue Code, 26 CFR 1.42-1 et seq., and the New Jersey Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (collectively, the "affordability laws"), development in the AH-6 District shall comply with the following bedroom and affordability distributions:
mod | fam low | ddd low | fam VLI | ddd VLI | total | |
|---|---|---|---|---|---|---|
1 br | 4 | 1 | 5 | 0 | 1 | 11 |
2 br | 16 | 2 | 8 | 3 | 1 | 30 |
3 br | 9 | 5 | 0 | 3 | 0 | 17 |
total | 29 | 29 | 58 |
Note: |
|---|
"mod" = moderate-income units; "low" = low-income units; "VLI" = very-low-income units; "ddd" = developmentally disabled units; and "fam" = family units. |
H.
Parking and circulation.
(1)
Notwithstanding New Jersey Residential Site Improvement Standards ("RSIS"), N.J.A.C. 5:21, roadway and driveway aisles shall be a minimum of 20 feet wide and sidewalks shall only be required on one side of roadways.
(2)
Off-street parking. Notwithstanding RSIS, parking shall be 1.5 spaces per unit. A maximum of 10% of parking spaces may be compact spaces measuring eight feet by 16 feet.
I.
Utilities. All utilities serving the structure shall be installed underground to the extent approved by the appropriate utility company.
J.
Application requirements.
(2)
Notwithstanding other provisions of the Township Code regarding site plan submissions and submission requirements, applications for site plan approval in the AH-6 Zone shall be permitted to submit the following items as a condition of final site plan submission rather than as part of the preliminary site plan submission:
(a)
A proposed landscaping, screening, buffering and shade tree plan showing what will remain and what will be planted, indicating botanical and common names of plants and trees, dimensions, approximate time of planting and maintenance plans. If provided, all recreation areas shall be indicated;
(b)
Location of underground streams and single trees not in wooded areas with a diameter of six inches or more as measured three feet above the base of the trunk;
(c)
Such additional information as may be required by the Township or Planning Board Engineer;
(d)
If applicable, review and approval by the Subdivision and Site Plan Committee of the Bergen County Planning Board in accordance with the Site Plan Review Resolution of the County of Bergen;
(e)
Proof of submission to the Bergen County Planning Board in cases in which it has jurisdiction;
(f)
Proof of submission to the Department of Environmental Protection in cases in which it has jurisdiction;
(g)
Proof of submission to the Army Corps of Engineers in cases in which it has jurisdiction;
(h)
Proof of submission to the Department of Transportation in cases in which it has jurisdiction;
(i)
Proof of submission to any other governmental agency which may have jurisdiction;
(j)
Location of all underground heating systems, pipelines, artesian wells and other man-made features;
(k)
Cross-sections showing location and width of sidewalks and interior walkways;
(l)
Soil erosion and sedimentation plans;
(m)
An on-site stormwater management program prepared by a licensed professional engineer conforming to the requirements of N.J.A.C. 7:8 in connection with any proposed additional surface area (Such program shall not be required to include design of on-site retention/detention facilities using a twenty-five-year storm design criteria and conforming to the performance and design standards of the Bergen County Storm Water Management Program in effect February 1, 1990 and/or specified in Section VI of the Saddle Brook Planning Board Preliminary and Final Site Plan Application With or Without Variance(s) Checklist.);
(n)
A sanitary sewer impact study prepared by a licensed professional engineer in connection with any proposed additional sanitary sewage output, including daily peak flow to be generated by the project, the daily unused capacity (percentage and volume) of surrounding sewer lines into which the project's lines will flow, either directly or indirectly, and the effect (percentage and volume) the additional flow will have on such unused capacity;
(o)
A supply water impact study prepared by a licensed professional engineer in connection with any proposed additional domestic and/or fire water consumption, including the estimated daily peak consumption of the project, the estimated unused capacity (percentage and volume) of the Township supply mains utilized by the project and the effect (percentage, volume and pressure) the additional usage will have on the surrounding water system; and
(p)
A written description of the proposed business operation or activity, including sufficient detail to indicate the effects of this operation in producing noise, glare, vibration, smoke, fumes, gas, dust, odor, fire hazards and explosion hazards.
(3)
It is further acknowledged that Section 14(b) of the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) incorporates the need to eliminate unnecessary cost-generating features from municipal land use ordinances. Accordingly, the Township will eliminate development standards that are not essential in its reasonable opinion to protect the public welfare and to reasonably expedite or fast-track municipal approvals/denials on certain affordable housing developments. Notwithstanding any other provisions of the Township Code regarding site plan submissions and submission requirements, application for site plan approval in the AH-6 Zone shall be exempt from the following preliminary and final site plan application checklist requirements:
(a)
Geologic information, market information, environmental impact statements, data, economic or other information or data beyond the requirements of the Saddle Brook Planning Board preliminary and final site plan application with or without variance(s) checklist.
§ 206-9.43.3 AH-7 Affordable Housing Residential District.
[Added 12-5-2019 by Ord. No. 1670-19]
A.
The following tax lots shall be rezoned from the B-3 Highway Business District to the AH-7 Affordable Housing Residential District:
(1)
Block 402, Lots 3, 4 and 5.
B.
Purpose. The purpose of the AH-7 District is to provide for enhanced opportunities for affordable housing.
C. BUFFER BUILDING HEIGHT COMMON ACCESS DRIVEWAY FRONT OF BUILDING PRIVATE DRIVEWAY SCREENING STREET, PRIVATE STREET, PUBLIC
Definitions. The following definitions are applicable to this section:
A continuous area of open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate one use of the property from another. Principal road access facilities shall be permitted in buffer 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.
A driveway providing access from an exterior public street to a private driveway.
For residential buildings where there is direct entrance from the exterior to each dwelling unit therein, the "building front" shall mean all the exterior walls that face a public or private road. Such buildings may have two fronts and no rear. For residential buildings where there is a common entrance from the exterior to all dwelling units therein, the "building front" shall mean all exterior walls in which such common entrance is located.
A driveway providing access from a common access driveway to a private garage.
Method of visually shielding one abutting or nearby structure or use from another by fencing, walls, berms, or reasonably sized plantings.
A street that has not been accepted by the municipality or other governmental entity.
A street that has been accepted by the municipality or other governmental entity.
D.
Permitted uses and structures. In Residence AH-7 Districts, no lot, plot, or parcel or tract of land shall be built, altered, or erected to be used for any purpose other than that of:
(1)
Multiple-family dwellings consisting of three stories. These structures may include flats or townhouses. One level of parking may be permitted beneath the habitable stories; however, the structures cannot exceed a total of three stories in height.
(2)
Normal and customary accessory buildings.
(3)
One freestanding sign identifying the residential development.
E.
Minimum lot area. The minimum lot size shall be 1.4 acres.
G.
H.
Building length. The maximum length of any building shall not exceed 250 feet; provided, however, for buildings exceeding 150 feet in length, there shall be at least two horizontal breaks in the front facade that vary the setback by a minimum of four feet.
I.
Distance between structures. The minimum distance between structures shall be equal to the building height of the taller structure.
J.
Density. The maximum allowable density shall be 15 dwelling units per acre.
K.
Set-aside. A total of four units will be set aside as low- and moderate-income units. All affordable units within the AH-7 District shall be developed, restricted, regulated and administered in accordance with the provisions of the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.), the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), including the Fair Housing Act's definition of "very-low-income households," and all other provisions of Chapter 48, Affordable Housing, of the Code of the Township of Saddle Brook.
[Amended 6-3-2021 by Ord. No. 1702-21]
L.
Coverage. Lot coverage by principal buildings shall not exceed 40%; total impervious surface coverage shall not exceed 70%.
M.
Recreation and open space. A minimum of 5% of the total site area shall be set aside for recreation and landscaped open space, which shall be inclusive of sidewalks.
N.
Buffers. Landscaping where permitted shall be required along all front, side and rear property lines, subject to approval by the approving authority.
O.
Interior roads, access drives, and sidewalks. All roads, drives, sidewalks and parking areas shall be constructed in accordance with the Residential Site Improvement Standards. Roads and drives shall be so designed as to minimize hazards to pedestrian and vehicular traffic. Each development which does not directly abut such a road shall have direct access by way of an interior road or roads to an improved municipal or county road. No parking shall be permitted on the interior streets of a residential development.
P.
Off-street parking requirements. Parking shall be provided in accordance with RSIS requirements as follows: one-bedroom unit, 1.8; two-bedroom unit, 2.3; three-bedroom unit, 2.4. Aisle widths for perpendicular parking shall be at least 24 feet. Parking spaces shall be nine feet by 18 feet. All parking areas shall be adequately drained and lighted. No parking spaces shall be permitted within 20 feet of the front property line, or within 10 feet of any dwelling unit with the exception of garage access points. Garages and parking structures (as part of a building) shall be no more than one story above the ground. The architectural design and materials used in the construction thereof shall conform to the design and building material used in the construction of the main building. No part of any garage or other accessory building shall be used for living purposes.
Q.
Structural provisions. All residential developments shall be built in accordance with requirements of the National Building Code per the accepted and approved edition that is in effect per the New Jersey Uniform Construction Code at the time of the building permit application.
R.
Utilities. All utilities serving the structure shall be installed underground at expense to the applicant. Connections to all utilities shall also be made at expense to the applicant, and applicant shall reimburse the Township for all costs, charges, expenses and the like arising from or occasioned by such utility connection or use. Water sources and distribution systems shall be approved by the appropriate Township authorities so as to ensure the adequacy, quality and sufficiency for fire-fighting purposes. The builder shall install, at his expense, fire alarm boxes as required and as approved by the Fire Department. The placement and number of fire hydrants shall be subject to the approval of the Fire Department. No certificate of occupancy shall be issued for any development unless and until the Township Engineer certifies that "as-built" drawings, certified by a licensed professional engineer, showing the precise location of all underground utilities, manholes, valves, tap-ins, and appurtenances thereto, have been filed in his office. After certification by the Township Engineer, the "as-built" drawings shall be permanently filed with the office of the Secretary of the Planning Board.
S.
Easements. A fifteen-foot-wide easement shall be granted to the Township for access to utilities that run through the property.