Wallington City Zoning Code
ARTICLE VII
Affordable Residential AR Zone Requirements
[Added 6-25-2020 by Ord. No. 2020-7[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VII, Development Fees, added 6-26-2008 by Ord. No. 2008-02, as amended.
§ 365-63 Purpose.
The purpose of this article is to implement and incorporate the Borough's Housing Element and Fair Share Plan addressing the Borough of Wallington's constitutional obligation to provide affordable housing opportunities under the New Jersey Supreme Court's Mount Laurel decisions. Any development within any affordable housing zone, as identified in this article, shall comply with the applicable regulations specified in this article as well as compliance with the applicable regulations specified under Chapter 153, Affordable Housing, and as required by the Borough's settlement agreements ("settlement agreements") reached In the Matter of the Application of the Borough of Wallington for a Judgment of Compliance and Repose, Docket No. BER-L-6285-15. Said settlement agreements include a settlement agreement between the Borough and Wallington Homes, LLC (owner of property designated on the Boroughs Tax Maps as Block 79.05, Lot 8.01 (the "Wallington Homes Settlement Agreement").
§ 365-64 Developer's agreement required.
Development within an affordable housing zone, as identified in this article, shall require a developer's agreement pursuant to Chapter 330, Article VIII, as a condition of site plan approval granted by the appropriate Borough land use board. The required developer's agreement may include, but not be limited to, conditions of site plan approval, infrastructure and traffic improvements, and in the AR-2 District easements providing safe vehicular and pedestrian access from the Borough of Wallington to any structures relating to the use of the New Jersey Transit Westmont Train Station, as may be permitted herein. In addition, the developer's agreement shall outline the terms and conditions for compliance with all required affordable housing regulations pursuant to the Chapter 153 (Affordable Housing) of the Borough Code, as required by the Borough's settlement agreements reached In the Matter of the Application of the Borough of Wallington for a Judgment of Compliance and Repose, Docket No. BER-L-6285-15, and for compliance with Borough's ordinances and the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 365-65 Affordable Housing - 1 District (AR-1).
A.
Permitted uses.
(1)
Permitted principal use. Market-rate and affordable residential housing within a multifamily building.
(2)
Permitted maximum number of housing units. A maximum total of 42 housing units for rent shall be permitted, with an on-site affordable housing set-aside of no less than eight units inclusive of the total number of units.
(3)
Permitted accessory uses.
(a)
Off-street parking facilities. Parking shall be permitted in the front, side and rear yard.
(b)
Other uses that are customarily incidental and subordinate to a permitted principal use.
(c)
Common facilities and amenities serving the residents of the multi-family development, including common walkways, sitting areas and gardens, and other similar uses.
(d)
Fences and walls no greater than eight feet above ground level within a side or rear yard, and no greater than four feet within a front yard.
(e)
Bike racks.
(f)
Solid waste and recycling area, setback at least five feet from any rear or side yard. No setback from the parking area is required. The area shall be screened from view from a public right-of-way by either block and/or chain-link fence.
(g)
Site lighting in accordance with the standards in subsection § 365-65E(3) below.
B.
Bulk, area and size requirements.
(1)
Minimum lot size (acres): one.
(2)
Minimum lot frontage (feet): 130.
(3)
Minimum lot depth (feet): 300.
(4)
Minimum building front yard setback (feet): 40.
(5)
Minimum building side yard setback (feet): 12.
(6)
Minimum building rear yard setback (feet): 40.
(7)
Maximum building height (feet): 33.5.
(8)
Maximum building coverage (percentage): 30%.
(9)
Maximum lot coverage (percentage): 85%.
(10)
Minimum parking setback from side lot line: 10 feet to adjacent residential uses and five feet to adjacent nonresidential or park uses.
(11)
Minimum parking stall setback from rear lot line (feet): five.
C.
Site access, off-street parking, and loading requirements.
(1)
A site access driveway shall be provided from Spring Street with a minimum width of 24 feet and an access driveway to Lot 80, Block 70.01, shall be permitted.
(2)
Number and dimensions of parking spaces shall comply with RSIS.[1] No loading space is required.
[1]
Editor's Note: See N.J.A.C. 5:21 et seq.
(3)
Parking shall be permitted in the front, side and rear yard. No parking setback from a principal or accessory structure is required.
(4)
There shall be no charge for parking designated for affordable housing units within the development.
D.
Identification sign. One wall-mounted, nonilluminated address sign is permitted on each face of the building with a maximum area of five square feet per sign, as well as a ground-mounted monument sign, at any site driveway, set back from the property line by 10 feet and with a maximum sign area of 32 square feet and maximum height of six feet (including base), which may be internally or externally illuminated.
E.
Design standards.
(1)
Except as set forth herein, compliance with Article VI, Site Plan Details, and Article VII, Design Standards for Site Plan Approval, of Chapter 330 of the Borough of Wallington Code shall be required. Where any provision of Articles VI and VII is in conflict with any provision of this section, the design standards as enumerated below shall control.
(2)
The multi-family building shall be substantially consistent with the rendering attached to the Wallington Homes Settlement Agreement[2] as Exhibit C, or as may be modified as permitted by the settlement agreement. If the rendering conflicts with design standards or regulations within the zoning ordinance, the rendering shall control.
[2]
Editor's Note: Settlement agreements are on file in the Borough offices.
(3)
Buffers and landscaping. Landscaping and buffers shall be provided in accordance with the concept plan attached as Exhibit A to the Wallington Homes Settlement Agreement[3] and per this section.
(a)
A minimum buffer of 10 feet shall be maintained adjacent to properties fronting on Spring Court, measured from property line to the edge of pavement in a parking area. Buffer areas may overlap required setbacks.
(b)
Trees shall be installed at a minimum caliper of 2.5 inches (deciduous) and no less than six feet in height (deciduous and evergreen).
(c)
Shrubs shall be planted at a minimum size of 18 inches to 24 inches.
(d)
Existing vegetation within the required buffer shall be preserved, as determined appropriate. It shall be supplemented where necessary to provide the required ten-foot planted buffer.
(e)
Landscaping within sight triangles shall not exceed a mature height of 30 inches. Existing trees located within sight triangles shall be pruned up to an eight-foot branching height above grade. Proposed trees shall be planted outside of site triangles.
(f)
Invasive species are to be avoided.
[3]
Editor's Note: Settlement agreements are on file in the Borough offices.
(4)
Lighting.
(a)
A lighting plan prepared by a qualified professional shall be provided with site plan applications.
(b)
The intensity, shielding, and direction of lighting shall be subject to site plan approval by the approving authority.
(c)
All parking areas, walkways, building entrances, and driveways required for uses in this zone shall be adequately illuminated after sunset. The arrangement of exterior lighting shall adequately illuminate parking areas in accordance with the illumination Engineering Society standards and be designed as to prevent glare to adjoining residential areas.
(5)
Sidewalks. Sidewalks shall be required along adjoining public right-of-way.
(6)
Solid waste. All solid waste/recycling storage areas shall be enclosed on all four sides by decorative fencing intended to screen such areas of no less than six feet in height.
(7)
Utilities. All on-site utilities shall be placed underground pursuant to RSIS[4] standards.
[4]
Editor's Note: See N.J.A.C. 5:21 et seq.
(8)
Relief from any required site design standard under § 365-65E enumerated above shall be considered a design standard exception pursuant to N.J.S.A. 40:55D-51 (b) and not a variance.
§ 365-66 Affordable Residential - 2 District (AR-2).
A.
Permitted uses.
(1)
Permitted principal uses. Expressly subject to the requirements herein and below, the following uses are permitted as principal uses within the AR-2 District:
(a)
Market-rate and affordable residential housing within multi-family buildings, senior housing and group homes, and structures providing direct and safe pedestrian access for members of the public across the New Jersey Transit right-of-way to facilitate use of Westmont Train Station are to be permitted.
(2)
Permitted maximum number of housing units. The AR-2 District shall permit no less than 269 residential housing units but in no event shall the total number of housing units exceed a maximum of 275 residential units. The number of residential units to be constructed shall include an affordable housing set-aside of no less than 48 on-site units which shall be set aside as affordable to low- and moderate-income households. Alternatively, the 48 units may be achieved by providing up to 31 units of age-restricted affordable housing, up to 15 alternative living arrangement beds, and the remainder units as family affordable housing units, so to provide for the necessary 48 affordable housing units on-site, and; provided, further, that any such alternative arrangement provide at least one family very-low-income unit as part of the seven total very-low-income units required to be provided on the site. No alternative arrangement as set forth herein shall be interpreted to permit more than 275 total residential housing units or to reduce the obligation to provide the necessary 48 affordable housing units on-site.
(3)
Pedestrian bridge structures located directly adjacent to the existing New Jersey Transit right-of-way providing direct and safe pedestrian access for members of the general public, including residents of the AR-2 Zone, across the New Jersey Transit right-of-way to facilitate use of the Westmont Train Station. Said pedestrian bridge structures shall be subject to site plan review and approval, but shall be exempt from complying with the bulk standards applicable to buildings and structures as set forth in Subsection B below. Rather, the specific design of said pedestrian bridge structures, including location, height, size and construction specifications, shall be consistent with existing pedestrian bridge structures used by the Westmont Train Station located in Wood-Ridge, and shall be as permitted and approved by all outside governmental agencies and entities with jurisdiction, including, but not limited to, New Jersey Transit and the New Jersey Department of Transportation. Said pedestrian bridge structures shall only be permitted to be utilized at such time the general public is provided, and has, safe and direct vehicular and pedestrian access within and across the AR-2 Zone to and from said pedestrian bridge structures.
(4)
Permitted accessory uses.
(a)
Off-street parking facilities, including structured parking. Parking is permitted in the front, side and rear yards except no parking shall be permitted along the frontage of Mount Pleasant Avenue except in structured parking not visible from the public right-of-way.
(b)
Other uses that are customarily incidental and subordinate to a permitted principal use.
(c)
Common facilities and amenities serving the residents of the multi-family development, including common walkways, sitting areas and gardens, and other similar uses.
(d)
Decorative fences and walls no greater than eight feet above ground level within a side or rear yard, and no greater than four feet within a front yard.
(e)
Bike racks.
(f)
Solid waste and recycling area, setback at least five feet from any rear or side yard. No setback from the parking area is required. The area shall be screened from view from a public right-of-way by either block and/or chain-link fence.
(g)
Site lighting in accordance with the standards in subsection § 365-66E(3) below.
(h)
Retaining walls.
(i)
Electrical transformers.
B.
Building bulk, area and size requirements.
(1)
Minimum lot area (acres): 4.5.
(2)
Minimum lot width (feet): 375.
(3)
Minimum lot depth (feet): 425.
(4)
Minimum building front yard setback (feet): 40 from Mt. Pleasant, 20 from other ROW.
(5)
Minimum building side yard setback (feet): 30.
(6)
Minimum building rear yard setback (feet): 50.
(7)
Minimum separation between buildings (feet): 45.
(8)
Maximum building length (feet):
(a)
Along frontage along Mount Pleasant Avenue: 200.
(b)
Other: 300.
(9)
Maximum building coverage (percentage): 50%.
(10)
Maximum lot coverage (percentage): 70%.
(11)
Building heights shall be regulated as follows:
(a)
To provide for the appropriate transition and relationship of the proposed multistory development to the adjacent residential single-family neighborhood located on Mount Pleasant Avenue to the northwest and taking into consideration the specific topographic conditions within the zone, the regulations regarding permitted maximum building height, as provided herein, are as follows:
[1]
It is the intent to restrict all buildings fronting directly along Mount Pleasant Avenue to a building height of three stories of residential building over one story of structured parking. The maximum building elevation to the highest point of a flat roof or to the deck line of a mansard roof or to the midpoint below the highest peak on a gable, sloped or hip roof shall not exceed mean sea level elevation of 120 feet N.A.V.D. 1988 as measured at the midpoint of the property frontage on Mount Pleasant Avenue utilizing a base elevation of 85 plus 35 feet. This elevation shall be maintained for all buildings within 150 feet of the property line with Mount Pleasant Avenue.
[2]
Buildings set back beyond 150 feet from Mount Pleasant Avenue as required § 365-66B(11)(i)[1] above shall not exceed a building height as specified in either of the following conditions:
[a]
Four stories of residential building over two stories of structured parking not to exceed a building height of 75 feet measured as the vertical distance from the average elevation of the finished grade to the top of the roof surface for mansard and flat roofs and to the vertical midpoint between the base of the roof and its peak for peaked roofs where direct, safe pedestrian access to the Westmont Train Station is provided and is approved by the appropriate transit authority and others with jurisdiction; or
[b]
Four stories of residential building over three stories of structured park not to exceed a building height of 85 feet measured as the vertical distance from the average elevation of the finished grade to the top of the roof surface for mansard and flat roofs and to the vertical midpoint between the base of the roof and its peak for peaked roofs where additional parking is required due to the lack of an approved, direct access to the Westmont Train Station.
(b)
Group home building height shall be limited to 2.5 stories not to exceed a building height of 35 feet measured as the vertical distance from the average elevation of the finished grade to the top of the roof surface for mansard and flat roofs and to the vertical midpoint between the base of the roof and its peak for peaked roofs.
(c)
Rooftop appurtenances and penthouses for mechanical equipment and roof access may be permitted to exceed the maximum building height by no more than 10 feet and shall occupy a roof area of no more than 25% and be set back no less than 10 feet from the edge of the roofline. Mechanical equipment shall be screened in a manner that is complementary to the architectural design of the proposed principal building.
(d)
The height of permitted accessory structures (exclusive of pedestrian bridge structures as set forth above) shall not exceed 15 feet.
C.
Site access, off-street parking, and loading requirements.
(1)
A site access driveway shall be permitted from Mount Pleasant Avenue with a minimum width of 24 feet.
(2)
On site circulation and number and dimensions of parking spaces shall comply with RSIS.[1]
[1]
Editor's Note: See N.J.A.C. 5:21 et seq.
(3)
Required parking may be reduced by the appropriate land use review board consistent with RSIS standards N.J.A.C. 5:21-4.14(c), provided:
(a)
A parking demand analysis demonstrating that adequate parking is provided to serve the proposed development is submitted for review and approval by the appropriate land use review board which may include, but not be limited to:
[1]
Implementation of appropriate improvements and physical connections to mass transit facilities that are either in place or approved for construction by the appropriate transit agency within a time frame to be available to serve the proposed development.
[2]
Alternate parking systems are provided that would include, but not be limited to, tandem or stacked assigned parking spaces and mechanical or robotic parking systems designed to maximize interior structured parking space or combination of these mechanisms.
(b)
Parking availability shall be staged such that each phase of development is supported by adequate parking and no building may be occupied unless compliant with the minimum required parking.
(4)
Parking shall be permitted in the front, side and rear yard. No parking setback from a principal or accessory structure is required except as otherwise prohibited.
(5)
There shall be no charge for parking designated for affordable housing units within the development.
(6)
A designated loading area shall be provided to accommodate residential package delivery.
D.
Identification sign. One wall-mounted, nonilluminated address sign is permitted on each face of the building with a maximum area of five square feet per sign, as well as a ground-mounted monument sign, at any site driveway, set back from the property line by 10 feet and with a maximum sign area of 32 square feet and maximum height of six feet (including base), which may be internally or externally illuminated.
E.
Design standards.
(1)
Except as set forth herein, compliance with Article VI, Site Plan Details, and Article VII, Design Standards for Site Plan Approval, of Chapter 330 of the Borough of Wallington Code shall be required. Where any provision of Articles VI and VII is in conflict with any provision of this section, the design standards as enumerated below shall control.
(2)
A multi-family building shall have a unified theme, displayed through the application of common building materials that achieves a harmonious and cohesive design.
(3)
Buffers and landscaping. Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, and screen parking areas. The landscape design shall create visual diversity and contrast through variation in size shape, texture and color. All areas that are not improved with buildings, structures and other man-made improvements shall be landscaped with trees, shrubs, ground cover, street furniture, sculpture or other design amenities and shall be subject to the following:
(a)
A minimum landscaped buffer of 10 feet shall be maintained along the front and side yards of the site. Buffer areas may overlap required setbacks.
(b)
Trees shall be installed at a minimum caliper of 2.5 inches to 3.5 inches caliper with a canopy height of at least the minimum American Nursery and Landscape Association Standards for this caliper but not less than six feet to eight feet (deciduous and evergreen).
(c)
Shrubs shall be planted at a minimum size of 18 inches to 24 inches.
(d)
All plant material shall meet the minimum latest American Nursery and Landscape Association standards.
(e)
Existing vegetation within required buffer areas shall be preserved, as determined appropriate. It shall be supplemented where necessary to provide the required ten-foot planted buffer.
(f)
Irrigation shall be provided for all buffer plantings and landscaped areas in a manner appropriate for the specific plant species.
(g)
Preference shall be given to plants indigenous to the region and invasive species are to be avoided. No less than 30% of the plantings shall be indigenous to the region.
(h)
Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.
(4)
Lighting.
(a)
A lighting plan shall be provided with site plan applications.
(b)
The intensity, shielding, and direction of lighting shall be subject to site plan approval by the approving authority.
(c)
All parking areas, walkways, building entrances, and driveways required for uses in this zone shall be adequately illuminated after sunset. The arrangement of exterior lighting shall adequately illuminate parking areas in accordance with the Illumination Engineering Society standards and be designed as to prevent glare to adjoining areas.
(5)
Sidewalks. Sidewalks shall be required along adjoining public rights-of-way and internally to promote pedestrian safety and movement.
(6)
Solid waste. All exterior solid waste/recycling storage areas shall be enclosed on all four sides by decorative fencing intended to screen such areas of no less than six feet in height.
(7)
Utilities. All on-site utilities shall be placed underground pursuant to RSIS standards.
(8)
Relief from any required site design standard under § 365-66E enumerated above, shall be considered a design standard exception pursuant to N.J.S.A. 40:55D-51 (b) and not a variance.
