[Added 8-10-2021 by Ord.
No. 2021-021]
The purpose of the AH-4 Affordable Housing Zone is to provide
a realistic opportunity for the construction of affordable housing
on Block 301, Lot 1, as part of a comprehensively planned inclusionary
development, in accordance with the Borough's 2021 Housing Element
and Fair Share Plan and the settlement agreement entered into between
the Borough of Park Ridge, Landmark AR Park Ridge, LLC, and Fair Share
Housing Center on November 18, 2020. In any instance in the future
wherein the Borough of Park Ridge adopts new ordinance(s) addressing
any particular land development control conflicting with this article,
the regulations and standards established herein shall control, provided
that if the Court agrees to an amendment to this article, the amendment
shall apply. The zone contemplates that the property, consisting of
approximately 29.85 gross acres, will contain up to 448 family rental
units, including a 15% set-aside for very-low-, low- and moderate-income
units.
In the AH-4 Zone, the following uses shall be permitted. Any
use or structure other than those permitted hereinbelow are prohibited.
A.
Permitted principal uses.
B.
Permitted accessory uses. The following accessory uses shall be permitted
in connection with a permitted principal use in the AH-4 Zone, the
use of which shall be limited to the residents of the development
and their guests. The accessory uses shall be selected by developer
in its sole discretion and depicted on an application for development
of same.
(1)
Recreational facilities, fitness facilities, outdoor barbecues,
fire pits, gazebos, leasing and management offices, club rooms, lounges,
libraries, business centers, game rooms, pool rooms, community gardens,
rec rooms, children's play rooms, private theater rooms, community
kitchens for tenant use, bath house, locker rooms, mail rooms, package
storage areas, valet spaces, and similar interior tenant amenities.
(2)
Buildings for storage of mechanical equipment.
(3)
Balconies (provided such balconies shall not be used for outdoor
storage), decks and patios attached to a principal building.
(4)
Outdoor recreation facilities, including but not limited to
fields, courts, putting greens, swimming pools, and playgrounds.
(5)
Dog park or dog run.
(6)
Dog spa or grooming facility, not including boarding or veterinarian
services.
(7)
Storage spaces for tenants of a multifamily residential building.
Such storage spaces may be unattached to individual units, but must
be included within a principal building.
(8)
Refuse and recycling receptacles.
(9)
Off-street parking and loading facilities, including surface
parking lots, parking that is provided on the ground level of a building
with occupied floors built above, and one-car garage and driveway
combinations. Structured parking (i.e., a structure in which vehicle
parking is accommodated on multiple stories or floors) shall not be
permitted in the AH-4 Zone.
(10)
Electric vehicle charging stations.
(11)
Bicycle racks and bicycle storage rooms.
(12)
Signs.
(13)
Fences and walls.
(14)
Bus/shuttle depots.
(15)
Any other use customarily incidental to a permitted principal
use.
A.
All multifamily and/or townhouse developments constructed in the
AH-4 Zone shall be required to set aside a minimum percentage of units
for affordable housing. The minimum set aside shall be 15% of the
total number of units constructed within the AH-4 Zone. When calculating
the required number of affordable units, any computation resulting
in a fraction of a unit shall be rounded upwards to the next whole
number.
B.
All affordable units to be produced pursuant to this article shall comply with the Borough's Affordable Housing Ordinance at Chapter 39 of the Borough Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, the Borough's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the Court, including a judgment of compliance and repose order. This includes, but is not limited to, the following requirements for all affordable units:
(1)
Low-/moderate-income split: A maximum of 50% of the affordable
units shall be moderate-income units and a minimum of 50% of the affordable
units shall be low-income units. At least 13% of all affordable units
shall be very-low-income units, which shall be counted as part of
the required number of low-income units within the development. The
very-low-income units shall be proportionately distributed across
each bedroom size.
(2)
Bedroom mix: Irrespective of any bedroom distribution requirements
to the contrary, the bedroom distribution of the affordable units
shall be no more than 15% one-bedroom units, no less than 35% three-bedroom
units, with the remaining 50% being two-bedroom units.
(3)
Deed restriction period. Each affordable rental unit shall remain
subject to these affordability controls, covenants, conditions, deed
restrictions, and the applicable affordable housing regulations for
a minimum period of at least 30 years. At the conclusion of the thirty-year
term, the affordability controls, covenants, conditions, and deed
restrictions shall not automatically expire. At the conclusion of
the thirty-year term, the Borough reserves the right to exercise the
option to extend the affordability controls, covenants, conditions
and deed restrictions for an additional period of time by formal adoption
of a resolution; or exercise any other option(s) available to the
Borough to preserve the affordability controls as set forth in UHAC
or any other applicable statute, regulation or law that may be in
effect at that time. At the conclusion of the thirty-year term, the
Borough shall be afforded a reasonable amount of time not to exceed
120 days to exercise this option to preserve and extend the affordability
controls, covenants, conditions and deed restrictions; or to release
the affordable unit from such requirements by formal adoption of an
ordinance taken in compliance with N.J.A.C. 5:80-26.11(e) or any other
applicable statute, regulation or law that may be in effect at that
time.
(4)
Administrative agent: All affordable units shall be administered
by a qualified administrative agent paid for by the developer.
(5)
Other affordable housing unit requirements: Developers shall
also comply with all of the other requirements of the Borough's Affordable
Housing Ordinance,[1] including, but not limited to: 1) affirmative marketing
requirements; 2) candidate qualification and screening requirements;
and 3) unit phasing requirements, unless specifically modified by
order of the Court.
C.
Irrespective of any integration requirements to the contrary, all
of the affordable units may be permitted as multifamily dwellings.
Affordable townhouse dwellings shall not be required. However, the
developer shall ensure that the affordable units are dispersed within
and between all of the multifamily residential buildings (excluding
townhouse buildings) on site and shall identify the exact location
of each affordable unit at the time of site plan application.
D.
All amenities and site services which are made available to the market
rate units shall also be made available to the affordable units on
the same terms as the market rate units.
A.
Area, yard and bulk requirements. The following area, yard and bulk
requirements shall apply to all uses permitted in the AH-4 Zone:
|
Requirement
|
AH-4 Zone Regulation
|
|---|---|
|
Minimum lot size
|
27.5 acres
|
|
Minimum yard setbacks:
| |
|
From Borough of Montvale Municipal Boundary Line
|
0 feet
|
|
From Brae Boulevard ROW
|
200 feet
|
|
From Block 304, Lot 1
|
100 feet
|
|
From Borough of Woodcliff Lake Municipal Boundary
Line
|
30 feet
|
|
From Block 301, Lot 2
|
200 feet
|
|
Minimum setbacks between buildings:
| |
|
Side facing side
|
15 feet
|
|
Other
|
25 feet
|
|
Maximum building height for buildings at least 200 feet from
woodcliff lake municipal boundary line
|
60 feet/4 stories
|
|
Maximum building height for buildings within 200 feet of woodcliff
lake municipal boundary line
|
49 feet/3 stories
|
|
Maximum number of units
|
448 units
|
|
Maximum building coverage
|
45%
|
|
Maximum impervious coverage
|
60%
|
|
Minimum open space
|
40%
|
(1)
Any structures, apparatus, utilities, equipment and amenities
such as mezzanines and/or roof decks/terraces/porches (as provided
for under the IBC) on the roof shall not constitute a story, provided
that no roof covers any portion of the area.
B.
Supplemental requirements. In addition to the area, yard and bulk requirements set forth at Subsection A above, the following supplemental requirements shall apply to all uses permitted in the AH-4 Zone. The requirements for townhouse development at § 101-20D and for multifamily development at § 101-20E shall not apply.
(1)
Multiple principal buildings on a lot. Irrespective of § 101-11 of the Borough Code, multiple principal buildings shall be permitted on a lot in the AH-4 Zone.
(2)
Supplemental height requirements. In addition to the height requirements set forth at Subsection A above, the supplemental height requirements set forth at § 101-17 shall also be applicable in the AH-4 Zone, except as follows:
(a)
Section 101-17B(4) requiring mechanical penthouses and other rooftop equipment and projections to be of materials substantially similar to the facade of the building or designed to be an architecturally integral part of the structure shall not apply in the AH-4 Zone, provided that such mechanical penthouses, rooftop equipment, and projections are screened from view from all vantage points at grade or below the roof. Otherwise, § 101-17B(4) shall apply in full force and effect.
(3)
Supplemental yard requirements. In addition to the yard requirements set forth at Subsection A above, the supplemental yard requirements set forth at § 101-16 shall also be applicable in the AH-4 Zone, except as follows:
(a)
Irrespective of § 101-16B(1), parapets, windowsills, doorposts, rainwater leaders, and similar ornamental or structural fixtures may project a maximum distance of two feet into required yards.
(b)
Irrespective of § 101-16B(4), patios and decks shall conform to the yard requirements of principal buildings, except that patios and decks may project a maximum distance of 10 feet into the yard abutting the Borough of Woodcliff Lake Municipal Boundary Line.
(c)
Heating, ventilation and air-conditioning units may project
a maximum distance of 10 feet into the yard abutting the Borough of
Woodcliff Lake Municipal Boundary Line.
(4)
Accessory buildings and structures. Section 101-21A relating to accessory structures and uses in residential districts shall not apply in the AH-4 Zone. Instead, the following requirements shall apply to accessory buildings and structures in the AH-4 Zone:
(a)
The maximum height of accessory buildings and structures shall
be 14 feet.
(b)
Accessory buildings and structures shall conform to the yard setback requirements set forth in Subsection A and Subsection B(3) above.
[1]
Accessory buildings shall be set back a minimum
of 10 feet between buildings.
[2]
Architectural design and materials used in the
construction of accessory buildings shall be consistent with those
used in the construction of principal buildings.
[3]
The provisions of this section shall not apply
to signs, off-street parking, fences and walls, and refuse and recycling
enclosures, which are regulated elsewhere in this article.
(5)
Open space. At least 40% of the lot area shall be devoted to
common open space. Said open space shall be any area that is not impervious.
It may consist of active and passive recreational facilities or undeveloped
land. Where open space is to be provided as active or passive recreation,
said areas shall be appropriately designed and landscaped to provide
shade coverage, seating and trash receptacles. Where open space is
to remain undeveloped, vegetation shall be kept in its natural state.
C.
Signage. Signs within the AH-4 Zone shall comply in all respects with Chapter 101, Article X, Signs, except that § 101-36B relating to signs in residential districts shall not apply. Instead, the following regulations shall apply in the AH-4 Zone:
(1)
Monument signs. One monument sign shall be permitted in the
AH-4 Zone in accordance with the following:
(a)
The monument sign shall be permitted to display the name(s)
of the development(s) in the AH-4 Zone, as well as on Block 3302,
Lot 1, within the Borough of Montvale.
(b)
The monument sign shall have a maximum sign area of 60 square
feet. The maximum sign height as measured from the adjacent grade
to the top of the sign shall be six feet.
(c)
The monument sign shall be set back minimally 10 feet from the
property line and shall be located outside of any sight triangle.
(2)
Building-mounted signs. Two building-mounted signs displaying
the name of the development shall be permitted in the AH-4 Zone in
accordance with the following:
(3)
Wayfinding and directional signs. Wayfinding and directional
signs for the convenience of the general public shall not exceed nine
square feet in area.
D.
Off-street parking, loading and circulation.
(1)
The minimum number of off-street parking spaces required within
the AH-4 Zone shall be 1.8 spaces per dwelling unit. Because this
parking requirement deviates from the Residential Site Improvement
Standards (RSIS), development in the AH-4 Zone which meets or exceeds
1.8 parking spaces per dwelling unit, but does not comply with RSIS,
will require a de minimis exception, but not variance relief.
(2)
Parking spaces shall measure nine feet in width by 18 feet in
length, except that up to 15% of all parking spaces may measure 8.5
feet in width by 16 feet in length. Because these parking dimensions
deviate from the Residential Site Improvement Standards (RSIS), parking
spaces which measure 8.5 feet in width by 16 feet in length will require
a de minimis exception, but not variance relief.
(4)
Development in the AH-4 Zone shall be exempt from § 87-44, Off-street loading requirements. However, where 50 or more units are provided in a single building in the AH-4 Zone, the design shall include one loading space for that building. Said loading space shall be no less than 12 feet in width and 35 feet in length, and the overall floor-to-ceiling height or clear height distance shall not be less than 12 feet. Off-street loading spaces shall meet the minimum yard setbacks for principal buildings.
(6)
All off-street parking spaces, loading spaces, and internal
roadways/drive aisles shall be located a minimum of 10 feet from buildings,
except for parking, loading, or drive aisles within or under a building
or which extend continuously into or under a building from outside
the building. One-car tandem garage/driveway combinations shall also
be exempt from this setback requirement.
(7)
All off-street parking spaces and internal roadways/drive aisles
shall be set back a minimum of 30 feet from property lines, except
that no setback shall be required from the Borough of Montvale Municipal
Boundary Line or from Block 304, Lot 1.
(8)
Irrespective of any prohibitions to the contrary, internal roadways/drive
aisles within the AH-4 Zone shall provide for permitted access (both
primary and emergency) to the development on Block 3302, Lot 1, within
the Borough of Montvale.
(9)
Electric vehicle charging stations shall be provided in accordance with § 101-62C of the Borough Code.
(10)
Bicycle parking shall be provided at a minimum ratio of one
bike space per 15 dwelling units.
E.
Sidewalks and pedestrian walkways. A sidewalk shall be provided along the entirety of the property's Brae Boulevard frontage as well as along Sony Drive between Brae Boulevard and the subject property, unless NJDEP requirements prohibit the construction of sidewalks in these locations due to the presence of environmental constraints and/or the provision of a sidewalk is waived by the Planning Board. The sidewalk provided along public rights-of-way shall be designed in accordance with § 87-48C(1) to (3) of the Borough Code and shall connect with on-site pedestrian walkways, which shall be located throughout the interior of the site to provide safe and efficient pedestrian circulation to all buildings in the AH-4 Zone. These interior lot walkways shall have a minimum width of four feet and shall be ADA accessible. Notwithstanding the Residential Site Improvement Standards (RSIS), sidewalks shall only be required on one side of the street. Because this standard deviates from RSIS, sidewalks provided on only one side of the street will require a de minimis exception, but not relief from the Borough Code. Development of uses permitted in the AH-4 Zone shall not be required to contribute to the Borough's In Lieu of Sidewalk Improvement Fund pursuant to § 87-8 of the Borough Code.
F.
Fences and walls. Fences and walls within the AH-4 Zone, including retaining walls, shall comply in all respects with § 101-21E, except as follows:
(1)
Irrespective of § 101-21E(1), tiering of retaining walls shall be required, unless commercially impracticable as reasonably determined by the Planning Board Engineer and without any reduction to permitted density, with each tier to be no greater than 10 feet in height, provided that a six-foot-wide planted plateau is provided in between walls. Plantings in front of the walls and on tiers shall have a planted height of no less than eight feet. If the Planning Board Engineer determines that tiering of retaining walls up to 10 feet in height is commercially impracticable, retaining walls shall be permitted up to a maximum height of 30 feet.
(2)
Where provided, retaining walls shall be screened with a variety
of landscaping materials, in groupings, rather than utilizing hedges
or uniform plant species and spacing.
(3)
Retaining walls shall be set back off the property line a sufficient
distance to allow installation of a twenty-five-foot-wide planted
buffer area or a twenty-foot-wide planted buffer area provided such
buffer area includes eight-foot-tall evergreen trees, and shall be
set back a minimum of six feet from a principal building, except where
the retaining wall extends perpendicular to that principal building.
(4)
Safety fencing shall be installed along the tops of all retaining
walls which exceed a height of three feet. Safety fencing on top of
a retaining wall shall be limited to a height of four feet. Vinyl-coated
chain-link, PVC, and metal fencing are permitted.
(5)
Ornamental walls and privacy fences shall comply with § 101-21E(1). Same shall be permitted along a property line.
(6)
Irrespective of § 101-21E(1), privacy fencing along the Woodcliff Lake Municipal Boundary Line shall be permitted up to a maximum height of eight feet, provided that a minimum five-foot setback is provided between the privacy fencing and the Woodcliff Lake Municipal Boundary Line, and further provided that evergreen trees are planted at a height of eight feet between such privacy fencing and the Woodcliff Lake Municipal Boundary Line.
G.
General design standards.
(1)
Except where prohibited by the IBC, development in the AH-4
Zone shall consist entirely of buildings of wood-frame construction
with the exception of at grade parking decks/garages, which shall
not be required to be wood-frame construction.
(2)
Buildings shall avoid long, monotonous, uninterrupted walls
or roof planes. Building wall offsets, including projections such
as canopies and recesses, shall be used in order to add architectural
interest and variety and to relieve the visual effect of a simple,
long wall.
(3)
The maximum spacing between building wall offsets shall be 70
feet.
(4)
The minimum projection or depth of any individual vertical offset
shall be one foot.
(5)
Roofline offsets, dormers or gables shall be provided in order
to provide architectural interest and variety to the massing of a
building and to relieve the effect of a single, long roof. Pitched
roofs shall be provided; however, a flat roof shall be permitted in
the AH-4 Zone, provided that a detail providing the appearance of
a pitched roof or mansard is utilized.
(6)
The maximum spacing between roof offsets shall be 70 feet.
(7)
Architectural treatments and visual interest shall be applied
to all visibly exposed facades of a building. All facades of a building
shall be architecturally designed to be consistent with regard to
style, materials, colors and details.
(8)
Fenestration shall be architecturally compatible with the style,
materials, colors and details of the building. Windows shall be vertically
proportioned.
(9)
All entrances to a building shall be defined and articulated
by architectural elements such as lintels, pediments, pilasters, columns,
porticoes, porches, overhangs, railings, etc.
(10)
Heating, ventilating and air-conditioning systems, utility meters
and regulators, exhaust pipes and stacks, satellite dishes and other
telecommunications receiving devices shall be screened or otherwise
specially treated to be, as much as possible, inconspicuous as viewed
from the public right-of-way and adjacent properties.
(11)
Placement of any packaged terminal air conditioner units within
the facade is expressly prohibited in the AH-4 Zone.
H.
Refuse and recycling.
(1)
The collection and storage of refuse and recycling shall comply with § 87-49 of the Borough Code.
(2)
All trash/recycling storage areas stored outside the confines
of a building shall be enclosed with masonry block walls with PVC
fence gates. Said enclosures shall adhere to the same property line
setbacks as are required for off-street parking spaces, and shall
be screened from view from any adjacent properties.
(3)
Refuse and recycling collection shall be handled by a private
hauler, the costs of which shall be reimbursed by the Borough pursuant
to N.J.S.A. 40:66-1.3. All private hauling operations within the AH-4
Zone shall, however, be subject to Borough review and approval.
I.
Lighting.
(2)
All exterior lights shall be designed so as to reduce glare,
lower energy usage and direct lights only to where they are needed.
(3)
All exterior lights shall be light-emitting diode (LED) light
of the soft white category, and shall be Dark Sky compliant.
(4)
All exterior lights shall be focused downward so that the direct
source of light is not visible from adjoining streets or properties.
J.
Landscaping and buffering.
(3)
A minimally twenty-foot-wide planted buffer area shall be required along the property line abutting the Borough of Woodcliff Lake municipal border. An eight-foot-high privacy fence shall be provided five feet from the Borough of Woodcliff Lake municipal border, with eight-foot-high evergreen trees to be planted between the privacy fence and the Borough of Woodcliff Lake municipal border. The required buffer area shall be comprised of native evergreen species that provide a year-round visual screen and shall be augmented with native flowering trees and shrubs. The buffer area shall also comply in all respects with § 101-63C.
K.
Drainage and stormwater management. All development in the AH-4 Zone shall comply with the drainage and stormwater management requirements set forth at Chapter 61, Flood Hazard Control, and § 84A-12, Stormwater control, of the Borough Code, as well as those set forth in the Residential Site Improvement Standards and N.J.A.C. 7:8.
Any application for development in the AH-4 Zone shall be submitted in accordance with the requirements of Chapter 87, Article VII, Site Plan Approval, and Chapter 87, Article IX, Site Plan Details, except as follows:
A.
Irrespective of § 87-27B, final site plan approval may be granted for development of permitted uses within the AH-4 Zone, conditioned upon receipt of county site plan approval and/or approval from any other county, state or federal agency.
B.
All required NJDEP permits and approvals shall be secured and provided
to the Borough prior to construction.
C.
As otherwise provided for in the settlement agreement entered into
between the Borough of Park Ridge, Landmark AR Park Ridge, LLC, and
Fair Share Housing Center on November 18, 2020.
D.
The applicant shall provide a performance guarantee and maintenance
guarantee in accordance with N.J.S.A. 40:55D-53.
A.
Section 85-1C of the Borough Code shall not apply with respect to the timing for street opening and excavation, provided that any trench opened on any public right-of-way shall be closed at the end of each day and subject to the discretion of the DPW based on weather from December 1 to March 1.
B.
Notwithstanding § 74-6.1 of the Borough Code, any variance from the terms of this chapter hereafter granted by the Planning Board, permitting the erection or alteration of any structure or structures or permitting a specified use in the AH-4 Zone, shall expire concurrently with the expiration of any preliminary site plan approval in accordance with N.J.S.A. 40:55D-49 or final site plan approval in accordance with N.J.S.A. 40:55D-52.
C.
Consistent with N.J.A.C. 5:93-10.1(b) and § 101-46K, no
unnecessary cost generative provisions of the Park Ridge Borough Code
shall apply to any proposed inclusionary development within the AH-4
District.
D.
Chapter 81 shall not apply to any dwelling units or owner of dwelling units developed pursuant to this article. Notwithstanding the foregoing, upon issuance of a certificate of occupancy, each dwelling unit shall be registered with the Borough. Thereafter, the owner shall update registration of the dwelling units annually.
