[Added 3-12-2003 by Ord. No. 2003:892; amended 12-20-2018 by Ord. No. 2018:1249; 6-10-2020 by Ord. No. 2020:1269]
The purpose of the Affordable Housing Overlay (AHO) District
is to provide realistic opportunities to capture affordable housing
in an effort to meet the Borough of Closter's unmet need obligation.
The Affordable Housing Overlay District (AHO) creates a realistic
opportunity for housing with an affordable component in the Borough's
Commercial (District No. 4) and Industrial (District No. 5 and District
No. 5A) areas.
In addition to those uses permitted in the underlying districts
(i.e., Commercial or Industrial) the following inclusionary housing
options are permitted conditional uses in the Affordable Housing Overlay
District, subject to site plan and conditional use approval by the
Planning Board.
A.
Owner-occupied townhouses at a maximum density of eight units/acre,
with a 20% affordable set-aside.
B.
Apartments at a density of 12 units/acre, with a 20% affordable set-aside
for all properties in the Affordable Housing Overlay, except for the
Industrial Zone 5A, which is identified on the Zoning Map as "District
No. 5A - Industrial Area (Affordable Housing Overlay District)." The
density for apartments in District No. 5A, Industrial Area is 10 units/acre.
All other conditions, bulk regulations, other regulations, and affordability
requirements as contained herein are the same for the Affordable Housing
Overlay Districts and District No. 5A - Industrial Area (Affordable
Housing Overlay District).
C.
All sites to be developed with townhouses or apartments must meet the conditions listed in § 200-54.3 (below).
D.
All sites to be developed with townhouses or apartments must include
a 20% affordable set-aside whereby 20% of the units are affordable
to low- and moderate-income households. In the event that the 20%
of the total number of residential units does not result in a complete
integer, the fraction number of units shall be rounded upward to provide
one additional whole unit. For example, if a development includes
16 units, the 20% set-aside equals an affordable obligation of 3.2
units. The fractional unit is rounded up to the next integer; therefore,
the development would include four affordable units.
B.
Frontage on and accessibility from a collector or subcollector street,
as defined in the Borough's Zoning Code.
A.
Townhouses.
(1)
Minimum lot width at setback: 22 feet.
(2)
Maximum height: 2.5 stories/30 feet.
(3)
Density: eight units/acre.
(4)
Minimum front yard setback: 25 feet.
(6)
Minimum rear yard setback (except for those situations where adjacent to existing single-family detached dwelling, or Residence Area "A" or "B" referenced in § 200-54.3, above): 20 feet.
(7)
Maximum impervious coverage: 50%.
(8)
Dwellings shall be arranged in groups or clusters of not more
than six units/building.
(9)
There shall be a minimum open space of at least 50 feet between
the front and/or rears of any two buildings, or 30 feet between any
other combination of facades.
(10)
All common areas within a townhouse development shall be deeded
to its homeowner or condominium association or other legal entity
consisting of a majority of the property owners within the development
for their use, control, management and maintenance.
B.
Apartments.
(1)
Minimum lot width at setback: 125 feet.
(2)
Maximum building height: 2.5 stories/30 feet.
(4)
Minimum front yard setback: 35 feet.
(5)
Minimum side yard setback (except for those situations where adjacent to existing single-family detached dwelling, or Residence Area "A" or "B" as referenced in § 200-54.3, above): 45 feet.
(6)
Minimum rear yard setback (except for those situations where adjacent to existing single-family detached dwelling, or Residence Area "A" or "B" as referenced in § 200-54.3, above): 60 feet.
(7)
Maximum impervious coverage: 55%.
(8)
Setback between buildings: 30 feet.
(9)
The maximum building length is 120 feet.
(10)
Parking is prohibited between apartment building and public
roadway.
(11)
All common areas within an apartment development shall be deeded
to its homeowner or condominium association or other legal entity
consisting of a majority of the property owners within the development
for their use, control, management and maintenance.
(12)
The apartment complex shall provide an active outdoor recreation
area designed to serve the needs of the apartment residents. Examples
of potential active recreation amenities include, but are not limited
to, playground equipment and swimming pools. The active outdoor recreation
area shall be, at a minimum, a size equal to 75 square feet per dwelling
unit.
A.
Homeowners' association. Every owner-occupied apartment and/or
townhouse development in the Affordable Housing Overlay shall establish
a homeowner or condominium association, or other legal entity. The
property owner (with rental units) and/or association shall own all
common spaces, including but not limited to open spaces, common areas,
recreation areas, parking areas, road areas and sidewalks. The association
shall be responsible for, at a minimum, collection of garbage and
recyclable material, snow removal, road and sidewalk maintenance,
maintenance of buffer area and other common landscape areas.
B.
Landscape buffer and plantings.
(1)
Every apartment and/or townhouse development in the Affordable
Housing Overlay shall include a planted landscape buffer to mitigate
the visual impact of the development. A planted landscape buffer area
shall extend from all exterior property lines of the tract a minimum
depth of 10 feet. The buffer area may be included in the required
building setback area to exterior tract property lines referenced
above. Buffering shall be designed to provide a year-round visual
screen. The buffer area may include decorative fencing only to a height
of six feet. No buildings, driveways or sidewalks are permitted in
the buffer area. Roadway access into and out of the development may
occur through the buffer area. The buffer area will be approved as
part of the conditional use review, and will be subject to review
by the Borough Engineer.
(2)
A variety of landscape plantings and open lawn areas are required
throughout the townhouse and/or apartment development. The landscape
plan shall be required as part of the conditional use review by the
Planning Board.
C.
All parking requirements shall conform to Chapter 173 of the Code of the Borough of Closter, as well as the New Jersey Residential Site Improvement Standards.
D.
Apartment and/or townhouse buildings shall have a compatible architectural
theme, with complementary variations in exterior design and color.
This shall include varying building and/or facade orientation, modifying
dwelling unit widths and heights, changing rooflines and altering
color and fenestration patterns. All sides of a building facing a
public street shall be architecturally designed to be consistent with
regard to style, materials, colors and details. Designs including
mansard roofs, defined as a roof with four sloping sides, are encouraged.
E.
All building entrances shall include architectural elements, including
but not limited to columns, porches, overhangs, etc.
F.
The facades of apartment units in a group shall be varied by changed
front yard setbacks and variation in materials or design so that not
more than two abutting apartments will have the same front yard setback
and the same or essentially the same architectural treatment of facades
and rooflines.
G.
Apartments shall be developed as a building consisting of three or
more dwelling units where each unit has direct access to the outside
with use of a vestibule.
A.
All affordable housing units shall be subject to the all applicable
municipal and New Jersey State review processes and approvals.
B.
All affordable units shall be subject to all the provisions of the
Uniform Housing Affordability Controls (U.H.A.C.), including but not
limited to bedroom distribution, ownership and rental, unit administration.
C.
The fair share obligation shall be divided equally between low- and
moderate-income units, except that where there is an odd number of
affordable housing units, the extra unit shall be a low-income unit.
D.
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units.
