Woodland Park City Zoning Code
§ 22-23.6 R-H Inclusionary Multi-Family Housing
Supplemental Regulations.
a.
Residential Regulations and Requirements.
1.
Residential structures with common building entrances and hallways providing access to individual dwelling units shall be permitted. Such structures shall not exceed four and one-half (4 1/2) habitable stories, exclusive of grade or below-grade parking and storage areas, or sixty (60) feet.
2.
All other residential structures shall not exceed three (3) stories or forty (40) feet in height above the grade plane, as viewed from the front of the dwelling, whichever is less. Finished walkout basements and garages below grade shall be permitted. In addition, where required by reason of the slope of the property, such basements and garages, which may be directly accessible to the exterior side or back of the building, shall not exceed twelve (12) feet in height. Such height and story provision shall not be counted in the height and story limitation herein expressed. Such 1/2-story space below grade shall not be habitable.
3.
Building Length. Two hundred (200) feet maximum. For buildings exceeding one hundred fifty (150) feet in length, there shall be a minimum of two (2) horizontal breaks in the facade that vary the setback by a minimum of four (4) feet.
4.
Unit Width. No dwelling unit in buildings less than three (3) stories shall be less than twenty-four (24) feet in width as measured to the midpoint of the demising wall.
5.
Recreation Space. There shall be a minimum indoor and outdoor active or passive recreation space of at least 0.25 acres for each five (5) acres of total site area. Buffer areas shall not be eligible as open space. Subject to City of Clifton approvals, such facilities may be located within the Clifton portion of the site.
b.
Relationship of Buildings to One Another.
1.
Distance between buildings. The minimum distance between buildings shall be in accordance with the schedule below.
Up to 3 Stories | 4 1/2 Stories | |
|---|---|---|
Front to front | 55 feet | 70 feet |
Front to side | 30 feet | 45 feet |
Front to rear | 40 feet | 50 feet |
Side to side | 30 feet | 40 feet |
Side to rear | 40 feet | 50 feet |
Rear to rear | 40 feet | 60 feet |
Accessory structure to principal building | 25 feet | 25 feet |
Building front face to common access driveway | 15 feet | 20 feet |
Building front face to public street | 40 feet | 60 feet |
Building front face to common parking area | 15 feet | 20 feet |
Building rear to external property line | 40 feet | 50 feet |
Garage face to back of sidewalk or curb | 20 feet |
c.
General Requirements.
1.
Maximum length of buildings. Townhouse buildings: two hundred (200) feet maximum.
2.
Off-street parking space location. Permitted in a private driveway, garage or off-street parking area.
3.
Storage Area. Each two- to three-story dwelling unit shall provide a minimum of thirty (30) square feet of storage area independent of the garage area. Each four-story dwelling unit shall have a minimum of twenty (20) square feet of storage area.
4.
Where a development in this district is included as part of an integrated development located in two (2) or more municipalities, no minimum setback shall be required between any principal building and the municipal boundary line. Instead, minimum building separations as set forth herein shall be maintained between the principal buildings located in this district and the nearest principal building located in the adjoining municipality.
5.
Permitted deviations from setback requirements. Extensions into the required separations between buildings, and setbacks from buildings to streets, parking areas and external lines shall be permitted as follows:
(a)
Eaves with an overhang of not more than two (2) feet;
(b)
Rainwater leaders, window sills, chimneys and other such fixtures;
(c)
Bay windows not more than twelve (12) feet wide and a depth not to exceed two (2) feet;
(d)
Open porches or steps leading into the building, which shall not have any sidewall or other enclosure and may have a fixed roof, canopy or other covering, limited to the dimensions of the porch;
(e)
Balconies and patios at grade may not exceed fifty (50) square feet and may extend from the building face.
d.
General Standards.
1.
Driveway grade. Entrance, exit and main drives shall have a minimum grade of one-half (0.5%) percent and a maximum grade of twelve (12%) percent. The maximum grade within fifty (50) feet of an intersection shall be five (5%) percent.
2.
Landscaped Area. All areas not used for the construction of buildings, roads, access ways, recreation areas, parking areas, or sidewalks shall be landscaped except, however, for the cliff face and the areas at the base and the top of the cliff.
3.
Utilities. Sanitary sewers, storm sewers and water facilities shall be connected to public facilities.
4.
Internal Roadways. All private internal residential roads and streets shall have a minimum width of twenty (20) feet for two-way streets with no parallel parking and fifteen (15) feet for one-way streets.
5.
Trash and Recycling. The applicant shall make and submit, prior to the granting of a Certificate of Occupancy, proof of provisions for garbage, trash and litter removal services by private contractors in accordance with all rules and regulations established by the Municipal Board of Health. Provisions shall be made for the collection of garbage and trash, and such facilities shall be visually screened through the use of landscaping and/or architectural treatment.
6.
Landscaped Buffers. A landscaped buffer ten (10) feet wide shall be provided along all perimeter property lines with the following exceptions: (1) the cliff face and the top of the cliff, and (2) areas along the municipal boundary line with the City of Clifton where the adjoining land in Clifton is part of the same integrated development. This buffer may be constructed within the required building setback area. Within this buffer area, the developer shall provide a planted screen. Screening shall be provided to supplement existing natural vegetation consistent with the Borough's standards or set forth in Sections 22-32 and 22-33 of the Borough's Zoning Ordinance.
7.
Parking Area Landscaping. The parking shall be landscaped, screened, lighted and conveniently located within one hundred fifty (150) feet of the housing to be served with the exception of guest parking.
8.
Sidewalk Width. Four (4) feet wide minimum and shall be provided on both sides of all streets.
9.
Parking Area grade. Six (6%) percent maximum.
10.
Outdoor Lighting. Exterior lighting on site, inclusive of parking areas, shall be provided at a minimum of .5 foot-candles.
e.
Accessory Building Standards.
1.
Setbacks. Ten (10) feet from streets and property lines, twenty-five (25) feet from a principal building, and at least fifteen (15) feet from another accessory building.
2.
Recreation Facilities. Swimming pools, tennis courts and other surfaced recreation facilities shall be at least twenty-five (25) feet from any property line.
3.
Maximum height. Twenty-four (24) feet.
4.
Ground floor area. Not to exceed four thousand (4,000) square feet.
f.
Inclusionary Housing Obligation.
1.
In accordance with the Housing Element of the Borough's Master Plan, the developer of the properties within the Inclusionary Multifamily Residential District has the obligation to provide affordable housing as detailed below:
2.
All developments within the Inclusionary Multifamily Residential District shall include a set-aside of low- and moderate-income housing units. The set-aside shall be as set forth in the Housing Element and Fair Share Plan receiving substantive certification from the Council on Affordable Housing not to exceed fifteen (15%) percent of the total number of rental dwelling units or twenty (20%) percent of the total number of sale dwelling units receiving development approvals. This obligation shall be satisfied by constructing inclusionary rental units within the development.
[Ord. No. 99-7]
g.
Date of Effect.
1.
This section shall take effect only after the New Jersey Council on Affordable Housing grants Substantive Certification to the Housing Element and Affordable Housing Fair Share Plan of the Borough of Woodland Park now pending before it. If New Jersey Council on Affordable Housing does not grant Substantive of Certification by December 31, 1999, this section shall not take effect and shall be null and void, and the property shall remain subject to its current zoning, Planned Office Development. This section shall be published as required by law.
[Ord. No. 99-7]
h.
Affordable Housing.
1.
Purpose. This subsection sets forth regulations regarding low- and moderate-income housing units that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994 and as amended on August 18, 1997 and any subsequent amendments by the New Jersey Council on Affordable Housing (COAH). These rules are pursuant to the Fair Housing Act of 1985 and Woodland Park's constitutional obligation to provide for its fair share of low- and moderate-income housing.
2.
Distribution of Low- and Moderate-Income Units. With the exception of inclusionary developments constructed pursuant to the four (4%) percent low-income tax credit regulations pursuant to the Internal Revenue Code Section 42[(b)4]h, the following conditions apply:
(a)
At least half (1/2) of all affordable units within each inclusionary development shall be affordable to low-income households;
(b)
At least half (1/2) of all affordable rental units within each inclusionary development shall be affordable to low-income household; and
(c)
At least one-third (1/3) of all affordable units in each bedroom distribution (pursuant to N.J.A.C. 5:93-73) shall be affordable to low-income households.
3.
Bedroom Distribution. Inclusionary developments that are not age-restricted, shall be structured so that:
(a)
The combination of efficiency and one-bedroom units is at least ten (10%) percent and no greater than twenty (20%) percent of the total low- and moderate-income units;
(b)
At least thirty (30%) percent of all low- and moderate-income units are two-bedroom units; and
(c)
At least twenty (20%) percent of all low- and moderate-income units are three-bedroom units.
(d)
Age restricted low- and moderate-income units may utilize a modified bedroom distribution. At a minimum, the number of bedrooms shall equal the number of age restricted low- and moderate-income units within the inclusionary development. The standard can be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit. Applications to waive this standard shall be made in accordance with N.J.A.C. 5:93-15.
4.
Establishing Rents and Prices of Units.
(a)
The following criteria shall be used in determining maximum rents and sale prices for low- and moderate-income housing units:
(b)
Median income by household size shall be established by HUD. The maximum average rent and price of low- and moderate-income units within each inclusionary development shall be affordable to households earning fifty-seven and one-half (57.5%) percent median income. Moderate-income sales units shall be available for at least three (3) different prices and low-income sales units shall be available for at least two (2) different prices.
(c)
The initial price of low- and moderate-income owner-occupied single family housing unit shall be established so that after a down payment of five (5%) percent, the monthly principal interest, insurance, property taxes, and condominium or homeowner fees do not exceed twenty-eight (28%) percent of the eligible gross monthly income. Master deeds of inclusionary developments shall regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at a specific percentage of those paid by market purchasers.
(d)
Gross rents, including an allowance for utilities, shall not exceed thirty (30%) percent of the gross monthly income of the appropriate household size.
(e)
Low-income housing units shall be reserved for households with a gross household income less than or equal to fifty (50%) percent of the median income approved by COAH.
(f)
Moderate-income housing units shall be reserved by households with gross household income less than eighty (80%) percent of the median income approved by COAH.
5.
Phasing of Lower Income Housing. Lower income housing shall be phased in accordance with the following schedule.
Minimum Percentage of Low- and Moderate-Income Units Completed | Percentage of Marketing Housing Units Completed |
|---|---|
0 | 25 |
10 | 25 + 1 unit |
50 | 50 |
75 | 75 |
100 | 90 |
100 |
6.
Controls on Affordability. The purpose of this paragraph is to provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income people occupy these units.
The Borough of Woodland Park shall hereby designate a municipal authority with the responsibility of ensuring the affordability of sales and rental units over time. In addition, the municipal authority shall be responsible for the following:
(a)
The municipal authority shall be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a); and
(b)
The municipal authority shall also be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b);
(c)
This section hereby requires all conveyances of newly constructed low- and moderate-income sales units subject to the Act, to contain the deed restriction and mortgage lien adopted by COAH, (N.J.A.C. 5-93 Appendix E).
(d)
Measures shall be set forth to assure that newly constructed low- and moderate-income rental units remain affordable to low- and moderate-income households for an appropriate period of not less than thirty (30) years. The municipal authority shall require an appropriate deed restriction and mortgage lien subject to the approval of the Borough Attorney.
7.
Reduced Condominium Fees for COAH Approved Low- and Moderate Income Housing Condominium Associations.
(a)
The condominium association fee for COAH approved low-income units within the Borough shall be one-third (1/3) of the fee that would otherwise be payable;
(b)
The condominium association fee for COAH approved moderate income units within the Borough shall be one-half (1/2) of the fee that would otherwise be payable.