A.
Purpose. The purpose of the PRD Planned Residential
Development District is to provide for the comprehensive, coordinated
development of contiguous tracts of land for multiple-family cluster
development that promotes more balanced, environmentally acceptable
use of land which encourages contemporary land use desire and conservation
of open space; that provides for development which does not adversely
impact the Borough regarding traffic flow, recreational facilities
and other municipal services; and that provides for a variety of housing
accommodations which are compatible with a modern way of life and
enhances the natural beauty and resources of their surroundings.
D.
E.
Residential unit standards.
(1)
Townhouses.
(a)
Maximum building or structure length: 276 feet.
(b)
Maximum number of units in single structure:
11 units.
(c)
Maximum building height: 35 feet.
(d)
Maximum number of habitable stories: two stories.
(e)
Maximum number of townhouse units before horizontal
break: five units.
(f)
Minimum break in horizontal alignment: two feet.
(h)
Minimum building setbacks from public or private
main access roads: 25 feet.
(i)
Minimum building setbacks from internal driveways:
10 feet.
(2)
Low-rise condominium or garden apartment dwelling
units.
(a)
Maximum building or structure length: 180 feet.
(b)
Maximum number of units in single structure:
24 units.
(c)
Maximum building height: 40 feet.
(d)
Maximum number of habitable stories: three stories.
(f)
Minimum building setback from public or private
main access roads: 25 feet.
(g)
Minimum building setbacks: 10 feet.
H.
Maximum gross density: nine dwelling units per acre.
I.
Off-street parking requirements.
J.
Circulation requirements.
(1)
Any development or cluster within a development shall
have two separate access points to the roadway servicing the development.
(a)
If the main access road to any PRD development
from the public road is limited to one roadway, it shall contain one
exit and one entrance lane, each 18 feet in width and separated from
each other by a divider with an average width of not less than 10
feet, and having a length not less than 75 feet.
(2)
Roadway and driveway widths shall be determined as
follows:
K.
Utility improvements and services for PRD.
(1)
Water facilities.
(a)
The site shall be connected to a municipal water
system.
(b)
All facilities shall be designed and installed
in accordance with the standards of the applicable governmental bodies
having jurisdiction thereof.
(c)
All water mains shall be a minimum of eight
inches in diameter and shall be designed with fire hydrants to provide
adequate fire protection in accordance with the recommendations of
the National Fire Underwriters Board. The location of fire hydrants
shall be determined by the Municipal Fire Department.
(d)
The water storage system shall conform to the
recommendations of the National Fire Underwriters Board. A separate
storage reservoir shall be provided if tests indicate municipal facilities
are inadequate due to low pressure or undersized mains or inadequate
supply.
(2)
Sanitary sewerage system.[2]
(a)
The development shall be serviced by a central
sanitary sewerage collection and treatment system. The collection
and facilities shall be designed in accordance with the standards
of the New Jersey Department of Environmental Protection and/or appropriate
local, county, state and federal officials and agencies.
(b)
The developer shall provide an organization
for the ownership and maintenance of any and all sewerage facilities,
including but not necessarily limited to all collectors, appurtenances,
pumping facilities and outfall sewers not located within municipal
streets or rights-of-way. Said organization shall be fully responsible
for compliance with all federal, state, and local laws and regulations;
for securing all pertinent permits and for the operations, function
and maintenance of any on-site facilities. Said organization may be
a firm, corporation or other legal entity owned and/or controlled
by the developer.
(3)
Drainage and stormwater management.
(a)
The development shall be serviced by a central
stormwater management system as designed by the applicant and shall
conform to all relevant Borough, state and federal statutes, rules
and regulations concerning stormwater management or flood control.[3]
(b)
Any PRD development will be required to provide
a comprehensive drainage system for the entire property, including
a mandate that there will not be any increase in the rate of runoff
for a one-hundred-year storm from the property than exists in present
state (zero-percent increase in peak runoff.) As part of site plan
approval, the developer shall be required to demonstrate to the Planning
Board that there will be no significant adverse drainage impact from
this development on adjoining properties.
(4)
Electric, gas, telephone and cable television services,
if available, shall be provided by developer in concert with the appropriate
public utility providing such service and shall be installed under
ground, except high voltage, electric primaries over 30,000 volts.
One master television antenna or one cable television connection shall
be provided for each building.
(5)
Street improvements, monuments, street names and other
traffic control devices, shade trees, streetlights, sidewalks, curbs,
fire hydrants and all aspects of street construction, as well as other
improvements, shall be subject to local and state regulations and
Borough Engineer approval.
(6)
Refuse pickup areas shall be provided and shall be
located for the convenience of the residents of the development. All
such areas shall be screened with fencing of four feet in height and
exterior shrubs of no less than two feet in height on at least three
exposed sides.
(7)
The resident's association(s) of the PRD development
shall be required to provide for and/or contribute to expense or cost
of the upkeep, maintenance and expense of the sanitary sewer system,
roads, drives, parking facilities, drainage facilities, street parking,
streetlighting, refuse pickup, snowplowing and all other services.
L.
Indoor and outdoor recreation facilities implementation
requirements.
(1)
The area for detention basins and other drainage control
devices shall not qualify as active recreation space as required by
this chapter. Land having slopes in excess of 20% and chronically
wet marshland shall not qualify as active recreation space as required
by this chapter.
(2)
Active recreation space for swimming pools, tennis
courts and other sport and recreational activities may be improved
with facilities, buildings and structures for indoor and/or outdoor
recreational use consistent with the residential character of the
development.
(3)
All improvements of the common open space area, as
shown on the approved site plan, including recreational facilities,
buildings and structures, shall be completed before a certificate
of occupancy shall be granted to more than 75% of the proposed dwelling
units.
(4)
All owners and residents of the PRD development shall
have the right to use the common open space and active recreational
facilities, subject to reasonable rules and regulations.
(5)
All open spaces and walkways shall be connected to
residential areas with walkways or other reasonable means of access.
M.
General design standards of PRD.
(1)
Buffer.
(a)
The developer shall provide and maintain a buffer
area inclusive of the required yard of not less than 15 feet from
all external lot lines of the development. Said buffer area shall
be kept in its natural state, where wooded, and, where natural vegetation
is sparse or nonexistent, the area shall be planted to provide a year-round
natural screen.
(c)
The required buffer area shall be included for
the purpose of computing compliance with the common open space requirements
and yard setback requirements of this chapter.
(d)
The Planning Board may modify the requirements
for a buffer area upon finding that, by reason thereof, the buffer
area may be modified without detriment to existing or proposed uses.
(2)
Each building and structure and each complex of the
same shall have a compatible architectural theme with appropriate
variations in design to provide shall result from the use of landscaping
and the location and orientation of buildings and structures to the
natural features of the site.
(3)
Landscaping.
(a)
Landscaping shall be provided throughout the
development site to provide a natural setting for building, structures
and recreational facilities. Shade trees shall be planted at the discretion
of the Planning Board adjacent to public or private roadways. The
trees shall be hard maple or ash or similar tree as approved by the
Planning Board. No tree shall be planted nearer than 25 feet to an
intersection.
(b)
All island or unpaved areas within a street
shall be landscaped.
(c)
Within any area of clearing not occupied by
a building, structure, street, parking area or recreational facility,
there shall be provided a minimum of 18 trees per acre calculated
on gross acreage. The trees shall have a minimum diameter of 2 1/2
to three inches as measured three feet above the ground. Existing
trees meeting the aforesaid criteria shall be included in determining
compliance herewith.
(4)
Concrete walkways shall be provided between residential
buildings and common parking areas. Walkways shall have a minimum
width of four feet.
(5)
No natural vegetation shall be disturbed, except as
approved by the Planning Board. The site plan shall indicate maximum
area of clearing.
(6)
Adequate lighting fixtures for walks, steps, parking
areas, driveways, streets and other facilities shall be provided at
locations to provide for the safe and convenient use of the same.
Fixtures shall be situated and designed in keeping with the character
of the development and shall be adequately shaded to screen windows
of dwelling units, both off and on the development site, from direct
and indirect light. No flashing, intermittent, moving lights shall
be permitted. All lighting, including illumination levels, shall conform
to the recommendations of the Borough Engineer.
(7)
Air-conditioning units in excess of 2,500 BTU's shall
be screened and insulated for aesthetic and acoustical purposes.
(8)
Every dwelling unit shall have two means of ingress
and egress to the exterior.
(9)
Adequate sound protection between dwelling units shall
be provided and designed in accordance with sound engineering principles.
N.
Ownership and maintenance.
(1)
The developer shall establish an organization(s) for
the ownership and maintenance of off-street parking space, recreational,
utility and essential service facilities for the benefit of the residents
of the development and for maintenance of common open space. The same
shall be held in perpetuity by the organization(s) subject to appropriate
easements. Structures and facilities in support of recreational activity
may be constructed in accordance with site plan approval. Such organization(s)
shall not be dissolved and shall not dispose of said off-street parking
space, recreational and/or utility and essential service facilities
by sale or otherwise, except to an organization(s) conceived and established
to own and maintain the same for the benefit of such development and
the residents thereof. Thereafter such organization(s) shall not be
dissolved or dispose of any of said off-street parking space, recreational,
utility and essential service facilities without obtaining the consent
of the members of the organization(s) as provided by law and also
without offering to dedicate the same to the municipality. The developer
shall be responsible for the maintenance of said off-street parking
space, recreational, utility and essential service facilities and
shall provide for all services to the development until such time
as the organization(s) established for the ownership and maintenance
of the same and the maintenance of common open space shall be formed
and functioning.
(2)
In the event that the organization shall fail to maintain
said off-street parking space, recreational, utility and essential
service facilities for the benefit of the residents of the development
and common open space in reasonable order and condition, the governing
body may serve written notice upon such organization or upon the residents
and owner of the development setting forth the manner in which the
organization has failed to maintain the same in reasonable condition
and demanding that such deficiencies to remedied within 35 days of
the date of service. The notice shall also state the date and place
of a hearing thereon, which shall be held within 15 days after the
date of notice. At such hearing, the governing body may modify the
terms of the original notice as to deficiencies and may give an extension
of time not to exceed 65 days within which they shall be cured. If
the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 35 days or any permitted extension
of time thereof, the governing body, in order to preserve said off-street
parking space, recreational, utility and essential service facilities
for the benefit of the residents of the development and common open
space and maintain the same for a period of one year, may enter upon
and maintain such land. Said entry and maintenance shall not vest
in the public any rights to use said off-street parking space, recreational,
utility and essential service facilities and common open space. Before
the expiration of said year, the governing body shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of the open space, call a public hearing upon 15 days'
written notice to such organization and to the residents and owners
of the development, to be held by the governing body, at which hearing
such organization and the residents and owners of the development
shall show cause why such maintenance by the municipality shall not,
at the discretion of the governing body, continue for a succeeding
year. If the governing body shall determine that such organization
is ready and able to maintain the same in reasonable condition, the
municipality may, in its discretion, continue to maintain said off-street
parking space, recreational, utility and essential service facilities
and common open space for the benefit of the residents of the development
during the next succeeding year, subject to a similar hearing and
determination, in each year thereafter. The decision of the governing
body in any such case shall constitute a final administrative decision
subject to judicial review.
(3)
The cost of such maintenance by the municipality shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the off-street parking space, recreational,
utility and essential service facilities for the benefit of the residents
of the development, and common open space in accordance with assessed
value at the time of imposition of the lien, and shall become a tax
lien on said properties and be added to and be part of the taxes to
be levied and assessed thereon and enforced and collected with interest
by the same officers and in the same manner as other taxes.
(4)
It shall be the responsibility of said organization(s)
also to maintain loading and unloading areas, driveways, aisles, sidewalks
and accessways in good condition, free of litter and refuse, potholes,
cracked pavement, ice, snow or other seasonal hazards, etc. All lighting,
bumpers, markings, signs, drainage and landscaping shall be similarly
kept in workable safe and good condition. If the owner fails to undertake
repairs after proper notification by the Construction Official, the
governing body may authorize repairs to be made at the owner's expense
if, in the governing body's opinion, conditions constitute a hazard
to the safety and welfare of the municipality, residents and visitors.
O.
Administrative provisions.
(1)
Any application for a PRD shall be processed and reviewed
pursuant to the procedures and standards of the Site Plan Ordinance[4] and, where applicable, the Land Subdivision Ordinance
and the laws, rules and regulations of any other governmental entity
having jurisdiction over the subject matter. The Planning Board may
engage, at the cost and expense of the applicant and/or developer,
any and all necessary experts to assist the Planning Board in the
review of any aspects of the application.
(2)
The applicant for PRD shall submit a comprehensive
conceptual site plan for the entire area so zoned and under the applicant's
control. Said plan shall be in accordance with the terms of the Zoning
Ordinance, Site Plan Ordinance, Subdivision Ordinances and the laws,
rules and regulations of any governmental entity with jurisdiction
over the subject matter. The comprehensive plan shall be submitted
as part of the preliminary site plan application.
(3)
Staging. Each planned residential development may
be developed in stages as outlined herein.
(a)
Applications for final site plan approval shall
be limited to a minimum of 25% of the total number of housing units
authorized by the Planning Board at the preliminary application stage.
Once a final stage is approved by the Planning Board, the second stage
shall not be permitted for consideration by the Planning Board for
a period of not less than three months. All subsequent stages shall
likewise have a waiting period of no less than three months from the
time of approval granted by the Planning Board of the preceding stage.
(b)
Sequence of stages. In the deliberation of the
proposed sequence of stages, the Planning Board shall be guided by
the following criteria and factors:
[1]
That each stage is substantially self-functioning
and self-sustaining with regard to access, utility service, parking,
open space and other similar physical features and shall be capable
of occupancy, operation and maintenance upon completion of construction
and development.
[2]
That each stage is properly related to every
other segment of the planned development and to the community as a
whole and to all necessary community services which are available
or which may be needed to serve the planned development in the future.
[3]
That adequate protection will be provided to
ensure the proper disposition of each stage through the use of maintenance
and performance guaranties, covenants and other formal agreements.
P.
Affordable housing regulations.
(1)
This section of the Borough of Riverdale Code sets
forth regulations regarding low- and moderate-income housing units
in the Borough of Riverdale that are consistent with the provisions
of N.J.A.C. 5:93 et seq. as effective on June 6, 1994. These rules
are pursuant to the Fair Housing Act of 1985[6] and the Borough of Riverdale's constitutional obligation
to provide for its fair share of low- and moderate-income housing.
[6]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
(2)
Residential developments within this zone district
shall provide for affordable housing by a twenty-percent set-aside
of affordable units unless a Regional Contribution Agreement is enacted
by the Borough to transfer part of its obligation. The Borough of
Riverdale's new construction or inclusionary component will be divided
equally between low- and moderate-income households as per N.J.A.C.
5:93-2.20.
(3)
Except for inclusionary developments constructed pursuant
to low-income tax credit regulations:
(a)
At least 1/2 of all units within each inclusionary
development will be affordable to low-income households.
(b)
At least 1/2 of all rental units will be affordable
to low-income households.
(c)
At least 1/3 of all units in each bedroom distribution
pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.
(4)
Inclusionary developments that are not restricted
to senior citizens will be structured in conjunction with realistic
market demands so that:
(a)
The combination of efficiency and one-bedroom
units is at least 10% and no greater than 20% of the total 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 are three-bedroom units; and
(d)
Low- and moderate-income units restricted to
senior citizens may utilize a modified bedroom distribution; at a
minimum, the number of bedrooms will equal the number of senior citizen
low- and moderate-income units within the inclusionary development.
(5)
In conjunction with the realistic market information,
the following criteria will be used in determining maximum rents and
sale prices:
(a)
One-bedroom units will be affordable to 1.5-person
households.
(b)
Two-bedroom units will be affordable to three-person
households.
(c)
Three-bedroom units will be affordable to 4.5-person
households.
(d)
Median income by household size will be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD as per N.J.A.C. 5:93-7.4(b).
(e)
The maximum average rent and price of low- and
moderate-income units within each inclusionary development will be
affordable to households earning 57.5% of the median.
(f)
Moderate-income sales units will be available
for at least three different prices and low-income sales units will
be available for at least two different prices.
(g)
For both owner-occupied and rental units, the
low- and moderate-income units will utilize the same heating source
as market units within an inclusionary development.
(h)
Low-income units will be reserved for households
with a gross household income less than or equal to 50% of the median
income approved by COAH; moderate-income units will be reserved for
households with a gross household income less than 80% of the median
income approved by COAH as per N.J.A.C. 5:93-9.16.
(i)
The regulations outlined in N.J.A.C. 5:93-9.15
and 9.16 will be applicable for purchased and rental units.
(6)
For rental units:
(a)
Developers and/or municipal sponsors may establish
one rent for a low-income unit and one for a moderate-income unit
for each bedroom distribution.
(b)
Gross rents, including an allowance for tenant-paid
utilities, will be established so as not to exceed 30% of the gross
monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(a).
The tenant-paid utility allowance will be consistent with the utility
allowance approved by HUD for use in New Jersey.
(7)
For sale units:
(a)
The initial price of a low- and moderate-income
owner-occupied single-family housing unit will be established so that
after a down payment of 5%, the monthly principal, interest, homeowner
and private mortgage insurance, property taxes (based on the restricted
value of the low- and moderate-income unit) and condominium or homeowner
fee do not exceed 28% of the eligible gross monthly income.
(b)
Master deeds of inclusionary developments will
regulate condominium or homeowner association fees or special assessments
of low- and moderate-income purchasers of at least 1/3 of the percentage
of those paid by market purchasers. The one-third percentage is consistent
with the requirement of N.J.A.C. 5:93-7.4(e); once established within
the master deed, the one-third percentage will not be amended without
prior approval from COAH.
(c)
The Borough of Riverdale will follow the general
provisions concerning uniform deed restriction liens and enforcement
through certificates of occupancy or reoccupancy on sale units as
per N.J.A.C. 5:93-9.3.
(d)
The Borough of Riverdale will require a certificate
of reoccupancy for any occupancy of low- or moderate-income sales
unit resulting from a resale as per N.J.A.C. 5:93-9.3(c).
(e)
Municipal, state, nonprofit and seller options
regarding sale units will be consistent with N.J.A.C. 5:93-9.5 to
5:93-9.8; municipal rejection of repayment options for sale units
will be consistent with N.J.A.C. 5:93-9.9.
(f)
The continued application of options to create,
rehabilitate or maintain low- and moderate-income sale units will
be consistent with N.J.A.C. 5:93-9.10.
(g)
Eligible capital improvements prior to the expiration
of controls on sale units will be consistent with N.J.A.C. 5:93-9.11.
(h)
The regulations detailed in N.J.A.C. 5:93-9.12
to 5:93-9.14 will be applicable to low- and moderate-income units
that are for sale units.
(8)
Development regulations.
(a)
Low- and moderate-income units will be built
in accordance with the following schedule:
|
Minimum Percentage of Low- and Moderate-Income
Units Completed
|
Percentage of Market Housing Units Completed
| |
|---|---|---|
|
0%
|
25%
| |
|
10%
|
25% + 1 unit
| |
|
50%
|
50%
| |
|
75%
|
75%
| |
|
100%
|
90%
| |
|
100%
|
(b)
A design of inclusionary developments that integrates
low- and moderate-income units with market units is encouraged as
per N.J.A.C. 5:93-5.6(e).
(9)
Affordability controls.
(a)
To provide assurances that low- and moderate-income
units are created with controls on affordability over time and that
low- and moderate-income households occupy these units, the Borough
of Riverdale will designate the Riverdale Affordable Housing Committee
with the responsibility of ensuring the affordability of sales and
rental units over time. The Riverdale Affordable Housing Committee
will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).
(b)
The Riverdale Affordable Housing Committee will
be responsible for utilizing the verification and certification procedures
outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and
moderate-income units.
(c)
Newly constructed low- and moderate-income sales
units will remain affordable to low- and moderate-income households
for at least 30 years; the Riverdale Affordable Housing Committee
will require all conveyances of newly constructed units to contain
the deed restriction and mortgage lien adopted by COAH and referred
to as Technical Appendix E as found in N.J.A.C. 5:93.
(d)
Housing units created through the conversion
of a nonresidential structure will be considered a new housing unit
and will be subject to thirty-year controls on affordability; the
Riverdale Affordable Housing Committee will require COAH's appropriate
deed restriction and mortgage lien.
(10)
Rental unit regulations.
(a)
Newly constructed low- and moderate-income rental
units will remain affordable to low- and moderate-income households
for at least 30 years; the Riverdale Affordable Housing Committee
will require the deed restriction and lien and deed of easement referred
to as Technical Appendix H as found in N.J.A.C. 5:93.
(b)
Affordability controls in accessory apartments
will be for a period of at least 10 years, except if the apartment
is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13;
then the controls on affordability will extend for 30 years.
(c)
Alternative living arrangements will be controlled
in a manner suitable to COAH, that provides assurances that such a
facility will house low- and moderate-income households for at least
10 years, except if the alternative living arrangement is to receive
a rental bonus credit pursuant to N.J.A.C. 5:93-5.13; then the controls
on affordability will extend for 30 years.
Q.
Affirmative marketing regulations. The following applies
to all developments within this zone or units produced or rehabilitated
as a result of any development within this zone that contain proposed
low- and moderate-income units:
(1)
The affirmative marketing plan is a regional marketing
strategy designed to attract buyers and/or renters of all majority
and minority groups, regardless of sex, age or number of children,
to housing units which are being marketed by a developer/sponsor,
municipality and/or designated administrative agency of affordable
housing. The plan will address the requirements of N.J.A.C. 5:93-11.
In addition, the plan prohibits discrimination in the sale, rental,
financing or other services related to housing on the basis of race,
color, sex, religion, handicap, age, familial status/size or national
origin. The Borough of Riverdale is in the housing region containing
Morris County. The affirmative marketing program is a continuing program
and will meet the following requirements.
(2)
All newspaper articles, announcements and requests
for applications for low- and moderate-income units will appear in
the following daily regional newspapers/publications:
(a)
Star-Ledger.
(3)
The primary marketing will take the form of at least
one press release sent to the above publication and a paid display
advertisement in each of the above newspapers. Additional advertising
and publicity will be on an as-needed basis.
(4)
The advertisement shall at a minimum include:
(a)
Street address of units.
(b)
Directions to the housing units.
(c)
Number of bedrooms per unit.
(d)
Range of prices/rents for the housing units.
(e)
Information on maximum income permitted to qualify
for the housing units.
(f)
Location of applications, including business
hours and where/how applications may be obtained.
(5)
All newspaper articles, announcements and requests
for applications for low- and moderate-income housing will appear
in the following neighborhood-oriented weekly newspapers, religious
publications and organizational newsletters within the region:
(a)
Trends.
(6)
The following is the location of applications, brochure(s),
sign(s) and/or poster(s) used as part of the affirmative marketing
program:
(a)
Municipal administrative building.
(b)
Municipal library.
(c)
Developer's sales office.
(d)
Major employers in the region, including:
[1]
Riverdale Board of Education.
[2]
Morris County Administrative Offices.
[3]
Essex County Administrative Offices.
[4]
Union County Administrative Offices.
[5]
Warren County Administrative Offices.
[6]
Riverdale Quarry.
[7]
Drew University.
[8]
Chilton Memorial Hospital.
[9]
Butler Grand Union.
[10]
Kinnelon A&P Save-a-Center.
(7)
The following is a listing of community contact person(s)
and/or organizations in Morris County that will aid in the affirmative
marketing program with particular emphasis on contacts that will reach
out to groups that are least likely to apply for housing within the
region:
(8)
Quarterly fliers and applications will be sent to
each of the following agencies for publication in their journals and
for circulation among their members:
(a)
Board of Realtors in Morris County.
(9)
Applications will be mailed to prospective applicants
upon request.
(10)
Additionally, quarterly informational circulars
and applications will be sent to the chief administrative employees
of each of the following agencies in Essex, Morris, Union and Warren
Counties:
(11)
The Riverdale Affordable Housing Committee is
in charge of conducting random selection that is used to select occupants
of low- and moderate-income housing.
(12)
The Riverdale Affordable Housing Committee is
the agency which will administer the affirmative marketing program.
The Riverdale Affordable Housing Committee has the responsibility
to income-qualify low- and moderate-income households; to place income-eligible
households in low- and moderate-income units upon initial occupancy;
to provide for the initial occupancy of low- and moderate-income units
with income-qualified households; to continue to qualify households
for reoccupancy of units as they become vacant during the period of
affordability controls; to assist with advertising and outreach to
low- and moderate-income households; and to enforce the terms of the
deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The Riverdale
Affordable Housing Committee will provide counseling services to low-
and moderate-income applicants on subjects such as budgeting, credit
issues, mortgage qualification, rental lease requirements and landlord/tenant
law.
(13)
Households who live or work in the COAH-established
housing region may be given preference for sales and rental units
constructed within that housing region. Applicants living outside
the housing region will have an equal opportunity for units after
regional applicants have been initially serviced. The Borough of Riverdale
intends to comply with N.J.A.C. 5:93-11.7.
(14)
All developers of low- and moderate-income housing
will be required to assist in the marketing of the affordable units
in their respective developments.
(15)
The marketing program will commence at least
120 days before the issuance of either temporary or permanent certificates
of occupancy. The marketing program will continue until all low- and
moderate-income housing units are initially occupied and for as long
as affordable units are deed restricted and occupancy or reoccupancy
of units continues to be necessary.
(16)
The Borough of Riverdale Borough Administrator
will comply with monitoring and reporting requirements as per N.J.A.C.
5:93-11.6 and 5:93-12.1.
R.
ACCESSORY BUILDING
BUILDING HEIGHT
BUILDING LOT COVERAGE
GROUND LEVEL
LOT AREA
LOT LINE
PRINCIPAL BUILDING
STORY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A building housing or containing only accessory uses.
When defined in feet, shall be the vertical distance measured
from ground level or the top elevation of a subsurface parking garage,
to the highest point of the roof for flat roofs, to the roof deck
line of mansard roofs, and the mean height between the eaves and the
ridge for gable, hip and gambrel roofs, excluding elevator shafts,
skylights, glass enclosures, stairs, parapets, chimneys or mechanical
equipment.
The portion of the lot area covered by buildings as measured
on a horizontal plane around the perimeter of the foundation.
A reference plane representing the average of the finished
grade adjoining the building at all exterior walls.
The area contained within the lot lines.
A boundary line of a lot.
A building housing or containing residential units, parking
garages and accessory uses.
That portion of a building between the upper surface of a
floor and the upper surface of the floor or roof next above.
A.
Purpose. The purpose of the MF-O Multifamily Overlay
District is to provide for a continuation of existing zoning and
to allow, as an alternate form of development, townhouses and multifamily
housing in a unified design wherein at least 50% of the dwelling units
in the MF-O District shall be deed-restricted for occupancy by households
with at least one person 55 years of age and older with no school-age
or younger children as residents.
B.
Principal permitted uses. In addition to the uses
permitted in the underlying zone, the following principal uses shall
be permitted:
(1)
Townhouses and multifamily dwellings; provided, however,
that any new or existing development in the MF-O District consisting
of townhouses or multifamily dwellings, or any combination thereof,
must consist of units where at least 50% of the total number of dwelling
units in any such development are deed-restricted to occupancy with
at least one member of the household who is 55 years or over and with
no persons of school age or younger in accordance with the Federal
Fair Housing Act, 42 U.S.C. § 3601, et seq. Any age-restricted
development shall be separated from any non-age-restricted development
in the MF-O District by Riverdale Road, or, alternately, no age-restricted
building shall be closer than 300 feet to a non-age-restricted building.
(2)
Notwithstanding any provision in the I-1 and I-3 District,
any property in the I-1 or I-3 District which abuts the MF-O Multifamily
Overlay District may be used for emergency or secondary access to
a residential development in the MF-O Overlay District.
C.
Conditional uses. No conditional use otherwise permitted
in the base district shall be allowed as part of a townhouse or multifamily
development authorized by the MF-O District.
D.
Accessory uses.
(1)
Accessory uses allowed in the underlying district
shall be permitted.
(2)
Accessory uses part of a townhouse or multifamily
development shall be limited to community recreation facilities, clubhouses,
health clubs, fitness centers, parking areas and structures, fences,
swimming pools, temporary sales offices, gate or guard houses, identification
signs, bike, jogging or other trails, multipurpose recreational courts
and stormwater detention facilities.
E.
Density requirements. The maximum gross density of
any residential development shall not exceed 16 dwelling units per
acre, but in no case shall the total number of new dwelling units
in the entire MF-O District exceed 425 dwelling units.
F.
Dimensional requirements.
(1)
New townhouse or multifamily development shall only
be permitted on tracts of 12.5 acres or more in area with at least
100 feet of frontage on Riverdale Road.
(2)
All townhouses and multifamily buildings shall comply
with the following:
(a)
Maximum of eight townhouse dwellings per structure
with no more than two side-by-side abutting dwellings having the same
front or rear facade alignments.
(b)
Maximum building height of 75 feet and five
stories (inclusive of any grade level parking which will count as
a story); provided, however, that where a new residential development
abuts a residentially developed lot fronting on Williams Street or
abuts the west side of the Williams Street right-of-way, no portion
of a building within 75 feet of a residentially developed lot or within
75 feet of the west side of the Williams Street right-of-way shall
exceed 40 feet and 2 1/2 stories in height.
(c)
Minimum building setback from the street property
line of 40 feet, except that the minimum setback of any building or
portion of a building having a height of 35 feet or more but not greater
than 50 feet shall be 40 feet from the property line and further that
the minimum setback of any building or portion of a building having
a height of more than 50 feet shall be 75 feet from the street property
line.
(d)
Gate or guard houses not exceeding 13 feet in
height and not exceeding 200 square feet in floor area shall be permitted
within six feet of exterior tract boundaries.
(f)
All habitable buildings shall be served by centralized
sewerage and potable water systems.
(g)
Townhouses shall be designed with a compatible
architectural theme with appropriate variations to add interest and
to minimize the appearance of continuous facades. Additionally, multifamily
buildings shall be designed with a compatible architectural theme
with appropriate variations to add interest and to minimize the appearance
of continuous facades.
(3)
Coverage by all buildings shall not exceed 35% of
lot area.
(4)
Impervious coverage shall not exceed 40% of lot area.
(5)
All areas disturbed but not covered by pavement, buildings
or other structures shall be landscaped by a combination of grass,
vegetative ground cover, trees and shrubs to minimize erosion.
(6)
For the purposes of differentiating ownership, townhouse
units may be developed on separate lots with no minimum lot areas
or setbacks from such lot lines, provided that all of the buildings
and other improvements comply with the other provisions of the MF-O
District with respect to building separations and setbacks from the
exterior tract boundary lines.
(7)
At least 10% of the land area of any townhouse or
multifamily development proposed in the MF-O District shall be reserved
for a combination of active and passive recreational uses. A riverfront
walkway shall be required with appropriate open space and landscaping
for any development which abuts the Pequannock River.
G.
Parking. Parking spaces to be provided shall be in
accordance with the Residential Site Improvement Standards, N.J.A.C.
5:21-1.1 et seq.
H.
Signs. Signs for townhouse and multifamily developments
are permitted in accordance with § 168-25F.
A.
Purpose. The purpose of the Adult Residential District
within the Borough is to provide adequate housing at an affordable
cost to serve the unique needs of the adult population with regard
to the design of such housing and relationships to passive open space,
proximity to shopping areas and recreational opportunities.
B.
Permitted uses. Within the Adult Residential District,
the following uses shall be permitted:
(1)
Residential dwelling units, provided that the permanent
residents of such units shall be restricted to persons who are 55
years of age or over, and further provided that such dwelling units
comply with the provisions of this section.
(2)
Any day-care facilities, as part of an adult development,
provided that these facilities meet all state standards.
C.
Dimensional requirements.
(2)
Setbacks. The minimum setback requirements from property
lines shall be the following:
(3)
Height. The maximum height requirements are defined
by the following:
(a)
Any adult principal residential structure located
within 30 feet of any single-family residential uses or zone will
be limited to a maximum of three stories in height, or 35 feet, inclusive
of roof. The buildings must have an articulated cornice or roof. All
structures with two or more stories must be served by an elevator.
(b)
Any accessory structure shall not exceed one
story in height, with a maximum height of 20 feet. Accessory structures
shall also be required to have a minimum eight-on-twelve pitched roof.
(c)
All heating, ventilation, air conditioning,
other rooftop structures, and elevator housings must be screened and
incorporated into the roof structure of both residential and accessory
buildings.
D.
Design and density criteria.
(1)
Building spacing. The following minimum dimensions
between buildings shall apply to the individual structures within
a lot, based on the heights of the buildings, measured from ground
to cornice line: For those inhabitable structures with a height of
one story, spacing between buildings shall be at a minimum of 20 feet.
Detached one-story garages will be spaced at a minimum of 15 feet.
For those structures with a height of two or three stories, not exceeding
35 feet, spacing between buildings shall be at a minimum of 25 feet.
For spaces that are bounded by two buildings of different heights,
the spacing requirements for the taller building will prevail.
(2)
Building design.
(a)
No principal residential structure shall have
a base dimension to exceed 200 feet at the ground without a significant
break or skew. Architectural relief in the facade must be provided
at lengths of no more than 50 feet, as to promote architectural quality
and reduce the length of the monolithic facade.
(b)
No accessory structure shall have a base dimension
to exceed 100 feet at the ground. Architectural relief in the facade
must be provided at lengths of no more than 50 feet, as to promote
architectural quality and reduce the length of the monolithic facade.
(3)
Density.
(a)
The total number of dwelling units shall not
exceed 18 units per acre.
(b)
The minimum habitable floor area for occupancy
in dwelling units containing one bedroom shall not be less than 700
feet, and in dwelling units containing two bedrooms or more, not less
than 900 feet.
(c)
The bedroom distribution shall consist of not
less than 60% of all units to be two-bedroom units.
(5)
Buffers. Buffer areas shall be required along all
property lines of any adult housing development, except for front-yard
street frontages. A landscaped buffer with minimum depth of 10 feet
shall be provided of deciduous and coniferous trees at a minimum height
of six feet and maintained at a minimum height of 15 feet.
(6)
Landscaping.
(a)
Any part of an adult housing complex not used
for structures, roadways, parking, loading, recreation facilities
and pedestrian walks shall be landscaped with grass, trees and shrubs.
This area will be dedicated as common open space for all residents
of the adult housing complex.
(b)
All landscaping shall meet the design standards
and principles set forth in the Borough of Riverdale Code.
(7)
Streets. Streets and curbing shall be provided in
accordance with the provisions outlined in the Borough of Riverdale
Code.
(8)
Sidewalks. Concrete sidewalks or pavers in designated
areas shall be provided in accordance with the provisions outlined
in the Borough of Riverdale Code.
E.
Off-street parking and circulation.
(1)
Parking shall be provided at a rate of 2.0 parking
spaces per dwelling unit. Detached group garages may be permitted,
not to exceed 100 feet in length. No parking shall be provided closer
than 10 feet from any property line. A landscaped area no less than
15 feet, shall be provided between detached group garages.
(2)
All parking shall meet the design standards and principles
set forth in the Borough of Riverdale Code.
F.
Utilities and services. Utilities, services and loading
areas shall be provided in accordance with the provisions outlined
in the Borough of Riverdale Code.
A.
Definition and purpose of cluster development. A development
that permits a reduction in lot area and bulk requirements, provided
there is no increase in the overall density of the development, and
the remaining land area is devoted to open space, active recreation,
preservation of environmentally sensitive areas, or agriculture. The
purpose of the cluster development option is to provide standards
pursuant to N.J.S.A. 40:55D-39 or any amendments thereto which encourage
and promote flexibility, economy and environmental soundness in a
tract's layout and design. In accordance with these standards, the
Planning Board may approve the reduction of lot areas and dimensions
and yard setback and coverage provisions otherwise required in the
zone or zones in which the cluster development is permitted. The standards
shall be appropriate to the type of development permitted.
B.
Clustered bulk regulations. In a cluster development
located in the R-35 Zone, the smallest lot size permitted in the cluster
shall be no less than that permitted in the R-15 Zone. All use and
bulk requirements of the R-15 Zone will apply, except that the minimum
front yard setback requirement shall be reduced to 35 feet. The number
of buildable lots created by the imposition of a cluster design shall
be calculated by the applicant's use of either of the following:
(1)
Submission of a conventional subdivision layout to
determine the actual number of building lots that may be achieved
on the site; or
C.
Actions by the Planning Board.
(1)
Notwithstanding other provisions of this section,
development proposals in accordance with this section shall only be
approved by the Planning Board as regulated herein if the following
findings are made:
(a)
That departures by the development from zoning
regulations otherwise applicable to the property conform to N.J.S.A.
40:55D-65 and any amendment thereto.
(b)
That the proposals for maintenance and preservation
of the permanent common open space are consistent and the quantity,
location, design and function of the permanent common open space are
sufficient.
(c)
That the development's proposed design of the
public services, control over vehicular and pedestrian traffic and
the amenities of light and air, recreation and visual enjoyment are
adequate.
(d)
That there will not be an unreasonably adverse
impact upon the area in which the development will be established.
(e)
That the terms and conditions intended to protect
the interests of the public and the residents, occupants and owners
of the proposed development regarding completion of the development
are adequate.
(f)
That the design and layout of the development
is based on a comprehensive planning process which takes into account
critical environmental factors such as, but not limited to, steep
slopes, wetlands, soils, site orientation, water resources and any
other relevant information and factors.
(2)
Nothing in this section shall be construed as requiring
the Planning Board to accept the cluster form of development if the
Board finds that such development would not be in the best interest
of the community. Development proposals using the cluster development
option shall comply with the applicable requirements of the Borough's
Zoning and Subdivision Ordinances.[1]
D.
Minimum tract area. A minimum tract area of 20 acres
shall be required for cluster development.
E.
Zone permitted. Cluster development shall be permitted
in the R-35 Zone.
F.
Total undisturbed space.
(1)
Calculation of total undisturbed open space. No less
than 40% of the total site shall be retained as undisturbed space,
of which no less than 30% of the entire site must be retained as permanent
common open space, as hereafter defined; the remaining area necessary
to attain the 40% undisturbed space may be calculated by adding the
aggregate designated undisturbed space on individual building lots.
(2)
Location of permanent common open space. The location
of the permanent common open space resulting from a cluster method
of development shall be subject to the approval of the Planning Board,
in accordance with good planning, zoning and engineering principles
in compliance with N.J.S.A. 40:55D-43, so as to protect the environment.
Particular attention shall be paid to the following:
(a)
Land shown on the Borough's Official Map or
Master Plan as open space.
(b)
Floodplains and floodways.
(c)
Location along ditches, watercourses, water
bodies and wetlands.
(e)
Reservoirs, well fields and aquifer recharge
areas.
(f)
Areas of steep slope.
(g)
Areas of natural outcropping.
(h)
Areas of unique or unusual vegetation or animal
habitat.
(i)
Farmlands.
(j)
Areas located on the Borough's Official Map
for use for public purposes, such as schools, libraries, etc.
(k)
Accessibility to residents of the proposed development.
(l)
Other areas which, upon investigation, the Planning
Board may find to be worthy of preservation.
(3)
Design of permanent common open space. The Planning
Board may require the developer to make such improvements to the permanent
common open space so as to make the area usable to the residents of
the development and able to be maintained. Such improvements may include
minor grading, seeding, stabilizing, cleaning, clearing and similar
work, but shall not be required to include placing of equipment, structures
or buildings.
(4)
Ownership of permanent common open space.
(a)
All lands delineated as permanent common open space shall be utilized in the determination of the common land and shall be conveyed in fee simple title by bargain and sale deed with covenants against grantor's acts from the subdivider or owner to an association made up of homeowners purchasing homes in the subdivision, which conveyance will be for the sole benefit, use and enjoyment of the lot owners, present and future. The deed shall be insured by a title insurance company licensed to do business in New Jersey. Said deed and agreement relating thereto shall be approved by the Planning Board and shall be filed with the Morris County Clerk's Office simultaneously with the recording of the final plat of the subdivision authorized under the chapter. The permanent common open space lot(s) deeded to the such homeowners association shall not be deemed to be a buildable lot for the purpose of the calculations in Subsection B above.
(b)
Alternately, said subdivider or owner may dedicate
said permanent common open space to the Borough of Riverdale, restricting
said conveyance in perpetuity for permanent common open space, recreational
or other public purposes. All deeds to the Borough hereunder shall
be accompanied by a title policy insuring the right of the subdivider
or owner to convey such property to the Borough.
(5)
Use of permanent common open spaces. The permanent
common open space resulting from the cluster method of subdivision
shall be restricted to those recreational and open space uses permitted
by the Planning Board or to such public utility structures or uses
which the Borough Council may find now or in the future to be necessary
to serve the community.
(6)
Individual building lot maximum disturbance area.
The maximum disturbance area of any individual building lot shall
not exceed 75% of the total area of that lot.
G.
Submissions by developer.
(1)
Environmental impact statement. The developer shall
submit to the Planning Board an environmental impact statement concerning
the development of the subject site.
(2)
Landscaping plan and tree mapping. The developer shall
submit to the Planning Board a comprehensive landscaping plan and
tree mapping report as provided below.
(a)
The landscaping plan shall include the location,
species and condition of all trees over 8 inches in diameter measured
at 42 inches above ground level within the areas of proposed disturbance,
exclusive of the areas comprising the street right-of-way for any
proposed roadways within the project site.
(b)
The landscaping plan shall be prepared using
the following criteria:
[1]
The landscaping plan shall include the planting
of shade trees of 22 inches caliper at forty-foot intervals along
all proposed right-of-way lines.
[2]
Existing trees may be removed within all areas
of the proposed street right-of-ways, utility easements and individual
utility locations.
[3]
Existing trees may be removed within 10 feet
of all individual building lot driveways, provided, however, that
the alignment of such driveways shall be planned to preserve as many
existing trees as reasonably possible.
[4]
Existing trees may be removed within 30 feet
of the proposed individual building lot dwellings, but not to exceed
side property lines.
[5]
For every one tree over eight inches in diameter
measured at 42 inches above ground level that is removed from areas
of disturbance beyond the limits established in G(b)[2], [3] and [4]
above, same shall be replaced by two trees of not less than 22 inches
caliper anywhere within the limits of the project site, provided,
however, that such replacement trees and shrubs shall be of native
species and shall be located within the project site to the satisfaction
of the Planning Board.
[Added 6-12-2019 by Ord.
No. 06-2019]
A.
Permitted uses.
(1)
Employment of this overlay option requires that commercial uses
are provided on sites that directly front on Newark Pompton Turnpike
and Paterson Hamburg Turnpike.
(2)
Retail, office and restaurant uses that are permitted in the
CRD Zone are allowed on the first floor only on sites that directly
front on the Newark Pompton Turnpike and the Paterson Hamburg Turnpike.
(3)
Multifamily flats or apartments located above the first floor
on sites that directly front on the Newark Pompton Turnpike and the
Paterson Hamburg Turnpike, subject to the following conditions and
requirements:
(4)
Multifamily flats or apartments on all floors and townhouses
on sites that do not directly front on the Newark Pompton Turnpike
and the Paterson Hamburg Turnpike.
B.
Development standards.
(1)
Maximum permitted building height: three stories and 40 feet,
provided that the second and third story of buildings that directly
front on the Newark Pompton Turnpike or the Paterson Hamburg Turnpike
be set back a minimum of 35 feet from those road rights-of-way.
(2)
Maximum residential density: 12 dwelling units per acre.
(3)
Maximum impervious surface coverage: 80%.
(4)
Minimum lot size: one acre.
(5)
Residential units are only permitted above the first floor on
buildings that directly front on Newark Pompton Turnpike or Paterson
Hamburg Turnpike.
(6)
Minimum principal building front yard setback: 15 feet.
(7)
Minimum principal building side yard setback: 10 feet.
(10)
Off-street parking requirements.
(a)
For mixed-use development, the number of off-street parking
spaces required shall be the sum of the requirements for the various
individual uses.
(b)
The required number of off-street parking spaces may be reduced
as established below:
[1]
The required number of spaces for a commercial
or personal service establishment portion of a mixed-use development
may be reduced to three spaces for each 1,000 square feet of floor
area.
(c)
All other off-street parking requirements not referenced herein shall be met in accordance with § 168-12, Parking requirements, and the schedule entitled "Schedule E: Parking Requirements, Zoning Requirements, Borough of Riverdale, New Jersey."[3]
[3]
Editor's Note: Said schedule is included as an attachment
to this chapter.
(11)
All other applicable development standards not referenced herein shall be met in accordance with Article III of this chapter.
(12)
All other applicable lot and yard standards shall be met in
accordance with the Schedule of General Requirements, which is included
as an attachment to this chapter.
C.
Affordable housing requirements.
(1)
Affordable housing set-asides shall be required for all residential
developments of five dwelling units or more.
(2)
At least 20% of the dwellings provided shall be affordable to
low- and moderate-income units that are offered for sale, and at least
15% of the dwellings provided shall be affordable to low- and moderate-income
units that are offered for rent.
(3)
Fifty percent of the units shall be affordable to moderate-income
households, and 50% shall be affordable to low-income households of
which 13% shall be affordable to very-low-income households. If only
one affordable unit is created in a project, the unit shall be a very-low-
or low-income unit.
(4)
The units designated as very-low-, low- or moderate-income units
may be rented or sold only to very-low-, low-, or moderate-income
households at the time of the initial occupancy.
(5)
The affordable units shall be affirmatively marketed to the
housing region in accordance with the Borough's Affirmative Marketing
Plan.
(6)
Affordability controls shall be maintained for a minimum of
30 years.
(7)
Rental increases shall be in accordance with percentages approved
by COAH or other applicable affordable housing authority or entity.
