Woodland Park City Zoning Code

Residential structures with common building entrances and hallways providing access to individual dwelling units shall be permitted. Such structures shall not exceed four (4) habitable stories, exclusive of grade or below grade parking and storage areas, or sixty (60) feet. Residential buildings with more than two (2) habitable stories (exclusive of walkout basements) shall not constitute more than twenty-three (23%) percent of the total building coverage permitted within the development.

Finished walk-out 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.

Maximum length of building: two hundred (200) feet. For buildings exceeding one hundred fifty (150) feet in length, there shall be at least two (2) horizontal breaks in the facade that vary the setback by a minimum of four (4) feet.

Width of dwelling unit: No dwelling unit in buildings less than three (3) stories shall be less than twenty-five (25) feet in width as measured to the midpoint of the demising wall.

Recreation Space: There shall be a minimum indoor and outdoor active or passive recreation space of at least 0.75 acres for each fifteen (15) acres of site area. Buffer areas shall not be eligible as open space. The nature and design of said recreation facilities shall be responsive to the demographic and lifestyle needs of the residents therein. If the development is part of an integrated development in more than one (1) municipality, this requirement shall be deemed satisfied if the overall development meets this standard.

Storage. 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.

The minimum distance between buildings shall be in accordance with the schedule below. In no event shall any structure be constructed closer than fifty (50) feet to a residential zoned property line and forty (40) feet to any other property line.

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.

Extensions into the required separations between buildings, and setbacks from buildings to streets, parking areas and external lines shall be permitted as follows:

"Fair Housing Act" shall mean the Fair Housing Act Amendments Act of 1988, P.L. 100-430 (September 13, 1988) and amendments thereto including, but not limited to, the Housing for Older Persons Act of 1995, P.L. 104-76 (December 1995), and any judicial or administrative interpretations or decisions affecting the legislation.

Age-qualified person shall mean an occupant of housing in the district who is age fifty-five (55) or older.

All housing within the district is subject to an age restriction whereby the homes are restricted to use and occupancy by (1) any age-qualified person; (2) a spouse or companion over the age of eighteen (18), residing with the age-qualified person or residing with the spouse or companion of the age-qualified person; (3) children residing with the age-qualified person, provided the children are of the age of eighteen (18) years or older; (4) an individual over the age of eighteen (18), residing with and providing physical or economic support to a permissible occupant; and (5) a surviving spouse, companion or children over the age of eighteen (18) of a deceased age-qualified person who was residing with such age-qualified person at the time of his/her death. In the discretion of the developer or the homeowners' association Board of Trustees, up to fifteen (15%) percent of the homes are permitted to be occupied by permanent residents all of whom are under the age of fifty-five (55), provided that at least one (1) of the residents is age forty-five (45) years or older, and none of the permanent residents is under the age of eighteen (18).

The foregoing restrictions are intended to qualify all housing within the district as "55 or Over Housing" under the "Housing for Older Persons" exemption of the Fair Housing Act.

The foregoing occupancy restrictions shall be set forth in a Master Deed or other recorded instrument applicable to all of the dwellings in the development, which shall be subject to review by the Borough Attorney for compliance with the above provisions. The Master Deed or other recorded instrument shall contain procedures governing the sale, transfer and rental of units within the district so that the developer and homeowners' association can enforce the occupancy restrictions set forth herein. The Master Deed or other recorded instrument may be recorded on a phased basis as long as the above occupancy restriction applies to every dwelling within the phase. The above occupancy restriction also shall be set forth or referred to in every deed conveyance to an individual dwelling unit in the development.

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.

All areas of an Adult Residential Development 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 top of the cliff along the western and northern boundaries of this district.

Sanitary sewers, storm sewers and water facilities shall be connected to public facilities.

The width of private internal streets shall be in accordance with the requirements of the New Jersey Residential Site Improvement Standards. Each main entrance shall be a minimum cartway forty-eight (48) feet in width, twenty-four (24) feet each way divided by a 12-foot landscaped median.

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.

Landscaped buffer: A minimum of twenty-five (25) feet wide buffer shall be provided along all perimeter property lines with the following exceptions: (1) the cliff face and the top of the cliff along the western and northern boundaries of the district, 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 Section 22-32, Landscaping and Screening, and Section 22-33, Fences and Walls, of this Chapter XXII, Zoning.

Parking Areas:

Sidewalk Width: Four (4) feet minimum.

Setbacks from property lines: Same setbacks as principal buildings.

Building Setbacks: An accessory building shall be located at least twenty-five (25) feet from a principal building and at least fifteen (15) feet from another accessory building.

Swimming pools, tennis courts and other surfaced recreation facilities shall be at least twenty-five (25) feet from any property line.

Maximum height: twenty (20) feet with the exception of clubhouse buildings.

Ground Floor Area: A maximum of two thousand five hundred (2,500) square feet is permitted, with the exception of clubhouse buildings.

Clubhouse building setbacks:

In accordance with the Housing Element of the Borough's Master Plan, the developer of the properties within the Adult Residential District has the obligation to provide affordable housing as detailed below:

All developments within the Adult Residential District shall include a set-aside of low- and moderate-income housing units. In recognition of the development difficulties associated with this district and the off-site infrastructure and utility improvements that will be necessary for development within this district, 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 dwelling units receiving development approvals. This obligation shall be satisfied by constructing inclusionary units within the development, the funding of units through a regional contribution agreement (RCA), the funding of units to be rehabilitated pursuant to a municipally sponsored rehabilitation program, funding for a municipal housing trust fund, or a combination of the foregoing as may be selected by the Borough. The specific mix of the above alternatives shall be set forth in a written agreement between the Borough and the developer, which agreement shall, among other things, specify the amount and timing of any payments to be made by the developer in lieu of providing inclusionary dwelling units. If the Borough and the developer agree that the set-aside shall be satisfied, in whole or in part, by funding RCA or rehabilitated units or a municipal housing trust fund in lieu of providing inclusionary housing units, there shall be no reduction in the total number of units within the development and all inclusionary housing units being substituted by funded units may be replaced with market housing units.

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 Unit Development. This section shall be published as required by law.

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 obligation to provide for its fair share of low- and moderate-income housing.

Distribution of Low and Moderate-Income Units.