For the purpose of this chapter, the Borough
of Palisades Park is divided into the following districts:
A.
AA RESIDENTIAL DISTRICT. This district permits one-family
residential and two-family residential structures and accessory uses.
It is the intent of this district to preserve the present one- and
two-family residential character of the Borough. Certain religious,
recreational and public uses are also permitted to provide for a balanced
neighborhood. It is specifically not the intent to provide additional
multifamily (three or more dwelling units) or rooming or boarding
house uses in this district.
B.
E RESIDENTIAL DISTRICT. This district permits multifamily
housing units for senior citizens.
C.
B-1 BUSINESS DISTRICT. This district is intended for
the conduct of general business which supplies goods and services.
It is the intent of this district to promote the development of the
central shopping area with public and private off-street parking and
to encourage retail business to concentrate to the mutual advantage
of consumers and merchants and for the convenience, ease and safety
to the public.
D.
B-2 BUSINESS DISTRICT. This district is intended for
the conduct of general business which supplies goods and services
and which is oriented to the traveling public or provides a specialized
good or service as well as office buildings.
E.
M-1 DISTRICT. This district provides for industrial
uses within certain specified performance standards.
F.
M-C DISTRICT. It is the intent of this district to
permit uses consistent with the Master Plan for appropriate development
of the land in this district. These uses include industrial uses,
selected commercial uses and commercial recreation uses.
G.
A RESIDENTIAL DISTRICT. This district permits low-rise,
two-and-a-half-story multifamily residential structures in the form
of semiattached townhouse structures. It is the intent of this district
to provide balanced housing opportunities for present and future residents.
This district shall consist of Block 425, Lot 1, and Block 421, Lots
7 and 8.
H.
MHR-1 and MHR-2 DISTRICTS.
[Added 12-26-2000 by Ord. No. 1362]
[Amended 7-20-1999 by Ord. No. 1328]
The aforesaid districts are hereby established
by the designations, locations and boundaries thereof as set forth
and indicated on the Zoning Map, entitled "Zoning Map, Borough of
Palisades Park, County of Bergen, New Jersey," dated May 10, 1999,
prepared by RCE Associates, Inc. Said map, together with all notations
and references thereon, is hereby declared to be a part of this chapter.[1]
[1]
Editor's Note: Said map is on file in the
Borough offices.
Where uncertainty exists with respect to the
boundaries of any of the aforesaid districts as shown on the Zoning
Map, the following rules shall apply:
A.
Where district boundaries are indicated as following
the center lines or right-of-way lines of streets, highways, railroads,
watercourses or easements, such boundaries shall be construed to be
coincident with such lines.
B.
Where district boundary lines are indicated as approximately
following Borough boundary lines or lot lines, said district boundary
lines shall be construed to be coincident with such lines.
C.
Where district boundary lines are indicated as approximately
parallel to right-of-way lines, said district boundary line shall
be construed as being parallel thereto and at such distance therefrom
as indicated by the dimension indicated on the Zoning Map.
D.
Where a district boundary line divides a lot in single
or joint ownership of record at the time such line is established,
the regulations of the less restricted district shall extend not more
than 20 feet into the more restricted portion of such lot.
E.
In all other cases, the location of the boundary shown
on the Zoning Map shall be determined by the use of the scale appearing
thereon.
F.
In cases of uncertainty as to the location of a zoning
district or a zoning district boundary, the Board of Adjustment is
hereby authorized to interpret said Zoning Map.
The Schedule of District Use Regulations (Schedules
I and I-A), Schedule of Area, Bulk and Yard Requirements (Schedule
II) and Schedule of Off-Street Parking Requirements (Schedule III),
set forth herein at the back of this chapter, are hereby declared
to be a part of this chapter.
[Added 3-16-1999 by Ord. No. 1321; amended 12-26-2000 by Ord. No.
1362]
A.
Authority; purpose.
(1)
This section is adopted pursuant to the authority
of the Municipal Land Use Law, Chapter 291 of the Laws of 1975 (N.J.S.A.
40:55D-1 et seq.), and the amendments thereof and supplements thereto
upon the directive of the Superior Court of New Jersey.
(2)
The purpose of this section shall be to provide for
the development of high-density apartment buildings pursuant to and
in accordance with the provisions of the Municipal Land Use Law in
order to provide standards and criteria, and to execute the Borough's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985, provided that all such development
shall not aesthetically or physically intrude upon preexisting neighborhood
schemes and patterns; to lessen the burden of traffic on streets and
highways; and conserve the value of the land and to comply with the
directives of the Superior Court of New Jersey.
B.
Statement of objectives; districts established.
(1)
The Borough recognizes that, due to the decision of
the Superior Court, it is forced to create a medium high-rise zone,
of remaining developable lands within the Borough, to provide adequate,
safe, efficient and economical municipal services and utilities; and
establish appropriate patterns for the distribution of population
in housing accommodations in order to provide for a variety of service
activities, parking and other open space in orderly relationship to
each other and in conformity to the development of the municipality
as a whole.
(2)
In view of the foregoing, a Medium High-Rise Residential
District One (MHR-1) is hereby established subject to the following
conditions, criteria and standards, and a Medium High-Rise Residential
District Two (MHR-2) subject to the following.
C.
Permitted uses and structures.
(1)
In the MHR-1 and MHR-2 Districts, no lot, plot, parcel
or tract of land and no building or structure shall be used and no
building altered or erected to be used for any other purpose than
the following:
D.
Lot size, dimension and height.
(2)
Building and structure height.
(a)
No building shall have more than eight stories
devoted principally to residential use; provided, however, that such
residential stories may be above not more than one story devoted to
access lobby utilities, building services, (including a superintendent's
living unit), storage and parking.
(b)
In addition to the aforesaid aboveground stories,
parking accessory to the residential use may be provided at ground
level and in stories located below the ground floor elevation at the
front of the building.
E.
Standards and criteria for developments. Within Medium
High-Rise Residential MHR-1 and MHR-2 Districts, development shall
be in accordance with the following:
F.
Building setback and yard requirements.
(1)
Building setbacks and yard requirements shall be as
follows:
(a)
Minimum front yard. Front yard setback distances
above street level from all public and private roads shall be not
less than 15 feet from the road; provided, however, that balconies,
canopies, and other similar projection from the principal facade of
building shall be permitted within the front yard setback, and provided
further that parking, access driveways, and public/private communal
spaces and walkways may be developed within the front yard setback
subject to the following conditions: No wall or other solid structure
shall project more than six feet above street level and any such structure
shall be suitably screened with landscaping.
(b)
Minimum side yard: 15 feet from all other public
and private roads.
(c)
Minimum rear yard: 45 feet.
(d)
Setback from internal driveways: 10 feet.
(2)
All the foregoing yard requirements may be expanded
or modified by the Planning Board for good cause.
G.
Parking.
(1)
Number of parking spaces. Each dwelling unit shall
have off-street parking as set forth in the New Jersey Residential
Site Improvement Standards (N.J.A.C. 5:21). Number of off-street parking
spaces is as follows:
|
Dwelling Unit Size
|
Number of Spaces Required
| |
|---|---|---|
|
1 bedroom
|
0.8 spaces
| |
|
2 bedrooms
|
1.3 spaces
| |
|
3 bedrooms
|
1.9 spaces
|
(2)
Parking setbacks. Parking shall be set back from the
building a minimum distance of 15 feet.
H.
Affirmative marketing. 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 Palisades Park is in the COAH Northeast housing
region, which contains Bergen 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: Record.
(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)
Direction to 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: Record.
(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 region including:
[1]
Palisades Park Board of Education.
[2]
Savarin Coffee/Tetley Tea.
[3]
Bergen County administrative offices.
[4]
Hudson County administrative offices.
[5]
Passaic County administrative offices.
[6]
Sussex County administrative offices.
[7]
Fairleigh Dickinson University.
[8]
Pathmark of Ridgefield.
[9]
Palisades Hospital.
[10]
Holy Name Hospital.
(7)
The following is a listing of community contact person(s)
and/or organizations in Bergen 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 flyers and applications will be sent to
each of the following agencies for publication in their journals and
for circulation among their members: Board of Realtors in Bergen 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 Bergen, Hudson, and Passaic Counties:
(11)
The Bergen County Housing Authority is in charge
of conducting random selection that is used to select occupants of
low- and moderate-income housing.
(12)
The Bergen County Housing Authority is the agency
under contract with the Borough of Palisades Park to administer the
affirmative marketing program. The Bergen County Housing Authority
or the Borough of Palisades Park Borough Administrator 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 Borough
Administrator within the Borough of Palisades Park is the designated
Housing Officer to act as liaison to the Bergen County Housing Authority.
The Bergen County Housing Authority 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 Palisades
Park 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 Palisades Park Borough Administrator
will comply with monitoring and reporting requirements as per N.J.A.C.
5:93-11.6 and 12.1.
I.
Affordable housing regulations.
(1)
This section of the Borough of Palisades Park Code
sets forth regulations regarding low- and moderate-income housing
units in the Borough of Palisades Park that are consistent with the
provisions of N.J.A.C. 5:93 et seq., as effective on June 6, 1994,
as amended on September 5, 1995, December 6, 1995, and May 20, 1996.
These rules are pursuant to the Fair Housing Act of 1985 and the Borough
of Palisades Park's constitutional obligation to provide for its fair
share of low- and moderate-income housing.
(2)
Residential developments within this zone district
shall provide for affordable housing by either a 20% set aside of
affordable units or a payment in lieu of construction of $10,000 per
unit as determined in the discretion of the Borough.
[Amended 3-20-2001 by Ord. No. 1369]
(3)
The Borough of Palisades Park'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.
(4)
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; and
(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.
(5)
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; and
(b)
At least 30% of all low- and moderate-income
units are two-bedroom units; and
(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.
(6)
In conjunction with the realistic market information,
the following criteria will be used in determining maximum rents and
sale prices:
(a)
Efficiency units will be affordable to one-person
households; and
(b)
One-bedroom units will be affordable to one-and-one-half-person
households; and
(c)
Two-bedroom units will be affordable to three-person
households; and
(d)
Three-bedroom units will be affordable to four-and-one-half-person
households; and
(e)
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); and
(f)
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; and
(g)
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; and
(h)
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; and
(i)
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; and
(j)
The regulations outlined in N.J.A.C. 5:93-9.15
and 9.16 will be applicable for purchased and rental units.
(7)
For rental units, developers and/or municipal sponsors
may:
(a)
Establish one rent for a low-income unit and
one for a moderate-income unit for each bedroom distribution; and
(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.
(8)
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; and
(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 1/3 percentage is consistent
with the requirement of N.J.A.C. 5:93-7.4(e); once established within
the master deed, the 1/3 percentage will not be amended without prior
approval from COAH; and
(c)
The Borough of Palisades Park 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; and
(d)
The Borough of Palisades Park 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); and
(e)
Municipal, state, nonprofit and seller options
regarding sale units will be consistent with N.J.A.C. 5:93-9.5 to
9.8; municipal rejection of repayment options for sale units will
be consistent with N.J.A.C. 5:93-9.9; and
(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; and
(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;
and
(h)
The regulations detailed in N.J.A.C. 5:93-9.12
to 9.14 will be applicable to low- and moderate-income units that
are for sale units.
(9)
In zoning for inclusionary developments the following
is required:
(a)
Low- and moderate-income units will be built
in accordance with N.J.A.C. 5:93-5.6(d):
|
Minimum Percentage of Low- and Moderate-
Income Units
|
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).
(10)
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 Palisades Park will designate the Borough Clerk or the Bergen County
Housing Authority with the responsibility of ensuring the affordability
of sales and rental units over time. The Borough Administrator or
the Bergen County Housing Authority will be responsible for those
activities detailed in N.J.A.C. 5:93-9.1(a).
(a)
In addition, the Borough Administrator or the
Bergen County Housing Authority 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;
and
(b)
Newly constructed low- and moderate-income sales
units will remain affordable to low- and moderate-income households
for at least 30 years; the Borough Clerk or the Bergen County Housing
Authority 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;
and
(c)
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
Borough Clerk or the Bergen County Housing Authority will require
COAH's appropriate deed restriction and mortgage lien.
(11)
Regarding rehabilitated units:
(a)
Rehabilitated owner-occupied single-family housing
units that are improved to code standard will be subject to affordability
controls for at least six years; and
(b)
Rehabilitated renter-occupied housing units
that are approved to code will be subject to affordability controls
for at least 10 years.
(12)
Regarding rental units:
(a)
Newly constructed low- and moderate-income rental
units will remain affordable to low- and moderate-income households
for at least 30 years; the Borough Administrator or the Bergen County
Housing Authority 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; and
(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; and
(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.
(13)
Section 14(b) of the Fair Housing Act, N.J.S.A.
52:27D-301 et seq., incorporates the need to eliminate unnecessary
cost-generating features from the Borough of Palisades Park's land
use ordinances. Accordingly, the Borough of Palisades Park will eliminate
development standards that are not essential to protect the public
welfare and to expedite or fast-track municipal approvals/denials
on inclusionary development applications. The Borough of Palisades
Park will adhere to the components of N.J.A.C. 5:93-10.1 to 10.3.
Except as may hereinafter be provided:
A.
No land or building shall hereafter be used, occupied,
erected, moved or altered unless in conformity with the regulations
specified for the district in which located.
B.
No building shall hereafter be erected or altered:
(1)
To exceed the maximum height.
(2)
To occupy a greater percentage of lot area.
(3)
To accommodate or house a greater number of families.
(4)
To provide a greater number of dwelling units.
(5)
To have narrower or smaller front yard, rear yard,
side yard or other open space than is required for the district in
which located.
C.
No part of a yard or other open space required about
any building shall be included as part of a yard or other open space
similarly required for another building.
D.
No off-street parking or loading or unloading required
for one building or use shall be included as meeting, in whole or
part, the off-street parking or loading space required for another
building unless specifically permitted by this chapter.
E.
No off-street parking or loading space shall be reduced
in area so that it does not meet the requirements of this chapter.
F.
No open space contiguous to any building shall be
encroached upon or reduced except in conformity with the yard, lot
area, maximum coverage and such other regulations designated for the
district in which such building, use or space is located.
G.
No lot in the AA District shall contain more than
one residential building.
