ORDINANCE NO. 07-01
AN ORDINANCE TO AMEND CHAPTER 310 OF THE CODE OF THE BOROUGH OF HILLSDALE TO PERMIT AGE-RESTRICTED HOUSING IN THE R-2 ZONE IN THE BOROUGH OF HILLSDALE, COUNTY OF BERGEN, STATE OF NEW JERSEY
SECTION 1. Purpose
Section 2. Definitions
Section 310-4 is amended to add the following definitions:
Age Restricted Housing Development: A residential community for permanent residents in which the residential property and related open space are owned by a condominium association or other homeowner’s association or entity. One hundred percent of the dwellings in an age-restricted housing development are occupied by at least one person age fifty-five (55) or over with the following exceptions:
1. One person under the age of 55 may reside in a dwelling unit if the presence of such person is essential to the physical care of the occupant that is age 55 or over.
2. A spouse under the age of 55 years may reside with the spouse that is 55 years of age or over.
3. A child 18 years of age or over residing with his/her parents, when at least one parent is age 55 or older and is the occupant of a unit in an age-restricted housing development.
The age-restricted housing development shall be established in accordance with the laws of the State of New Jersey and shall qualify for a Housing for Older Persons exemption under the Fair Housing Act.
The homeowner or condominium association shall own all common spaces, including but not limited to, open spaces, common areas, recreation areas, road area 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.
Common Open Space: An open space area within a tract or related to a site designated as a development, and designed and intended as undisturbed open space or recreation for use or enjoyment of residents and owners of the development. Passive recreation improvements, including but not limited to walking paths, benches and tables, are permitted.
Detached Single Family Dwelling. A building containing one dwelling unit that is not attached to any other dwelling unit and is surrounded by open space or yard.
Duplex: A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from basement to roof.
Tract: Any areas, parcel, site, piece of land, or property that is the subject of a development application.
Section 3. Conditional
Use
A. Section 310-53 is supplemented to add single-family detached Age Restricted Housing Development in the R-2 Residential Zone as a Conditional Use.
B. Section 340-67 is supplemented to add Section I, “Age-Restricted Housing Development” as follows:
Single-family detached age-restricted housing shall be permitted in the R-2 zone if all of the following conditions are met.
1. Required minimum contiguous tract area, completely located within the Borough of Hillsdale: 8 acres
2. Site Plan approval shall be required.
3. The plan shall address all issues of the tract’s infrastructure, including but not limited to, delivery of proper water supply, disposal of waste, trash, drainage and assurance of ingress and egress.
4. The applicant shall demonstrate through the Site Plan that each dwelling in the Age-Restricted Housing Development has an architectural theme with variations in design to provide harmonious, theme-related, earth tone colors in the style and architectural character commonly referred to as Early Colonial, New England Colonial, Georgian, Federal, Queen Anne or Jeffersonian. Landscape plantings, building orientation on the lot, topography, natural features and individual dwelling unit design shall all be considered for the total tract development. Staggering unit setbacks, utilizing different exterior materials, changing rooflines and roof designs, altering building heights and types of windows, shutters, doors and façade orientation, and other creative design techniques are encouraged and will be considered by the Planning Board during its review process.
5. Roadway widths and improvements shall be in conformance with the Residential Site Improvement Standards.
6. A system of continuous walkways not less than four (4) feet in width shall be provided throughout the development, along the roadway system and connecting to and including any common open space areas. The location of the sidewalks shall be confirmed during the Site Plan approval process.
7. At least 25 percent of the total tract of the age-restricted housing development shall be set aside as common open space. Where feasible, common open space areas shall include passive open space improvements such as walking paths or benches.
8. One freestanding sign located at each entrance to the tract is permitted. Such sign shall not exceed 15 square feet and shall be located so the sign bottom is flush with the ground, landscape plantings or retaining wall. The top of said sign shall not exceed 3.5 ft. from ground surface. The sign shall be surrounded by landscape plantings.
9. All signs shall be designed with a consistent theme incorporating letter style and construction material. The letter and background colors should be coordinated so that they do not violate any regulatory sign colors as required by state or federal standards.
10. All utilities shall be installed underground.
11. The Site Plan shall include a landscape plan detailing the type, size and location of plantings in the buffer area and throughout the development. The landscape plan shall be reviewed during the Site Plan process and by the Environmental Commission.
12. The landscape plan shall also show street tree plantings. Street trees shall be planted on both sides of the street a distance of no more than 30 ft. apart.
13. Street lighting shall be provided on the Site Plan. Decorative lighting shall be provided, subject to the approval by the Planning Board during the Site Plan review.
14. The dwellings may consist of two stories and a basement. However, the second story shall contain no more than 900 square feet.
15. Each dwelling shall contain at least one bedroom and bathroom located on the main floor (ground story).
16. An attached two-car garage with a minimum floor area of 400 square feet shall be provided for each market-rate dwelling unit. Each unit shall also include a private driveway that provides two additional off-street parking spaces.
17. The sum of floor area of the first and second stories of each market-rate unit shall be between 2,500 and 3,000 square feet. This figure includes the attached garage, but does not include any basement area.
18. Accessory detached structures, such as detached garages, sheds and private swimming pools are prohibited. Fencing surrounding the development is permitted, subject to a demonstration to the Planning Board during Site Plan review, that such fencing does not interfere with the required landscape buffer effect of providing green screening. Fencing around individual dwelling units is prohibited.
19. Patios and/or decks on individual dwelling units must be included on the approved Site Plan. Any patio and/or deck not shown on the approved Site Plan shall not be permitted.
20. Buildings shall be setback a minimum of twenty-five (25) ft. from all exterior property lines of the tract.
21. A planted landscape buffer area shall extend from all
exterior property lines of the tract a minimum depth of 20 ft. The buffer area may be included in the
required 25 ft. building setback 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 generally permitted
in the R-2 zone. No buildings,
driveways or sidewalks are permitted in the buffer area. Roadway access into and out of the Age
Restricted Housing Development may occur through the buffer area. The maximum total permitted roadway area
within the buffer area shall not exceed 1,000 square feet. The buffer area will be approved as part of
the Site Plan review, and will be subject to review by the Environmental
Commission.
22. Patios, unroofed porches and unroofed decks less than four
feet above finished grade which are less than 20% of the gross principle
dwelling area footprint may extend 10 ft. into the required
25 ft.
setback referenced above. However, such
improvements shall not be placed in the required landscape buffer area.
23. Maximum permitted building height: 30 ft.
24. Maximum total Floor Area Ratio: 22 percent
25. Maximum total impervious coverage: 28 percent. The impervious coverage calculations shall include all building footprints, driveways, walkways and deck areas. Surfaces such as brick pavers, laid stones, slate or timber with open joints shall all constitute 50 percent of impervious surface coverage. Wherever possible, brick pavers should be used for walkways, patios and driveways to reduce the impervious coverage.
26. Maximum total building coverage: 20 percent
27. Minimum Side to Side Building Separation: 30 ft.
28. Minimum back to back building separation: 50 ft.
29. Minimum Setback from Garage Front to Paved Roadway: 28 ft. The attached garage structure and any second level located above the garage shall be set back a minimum of 28 ft. from the paved roadway. The remainder of the dwelling may be set back a minimum of 25 ft. from the paved roadway. In the instance of a corner lot, the dwelling must maintain the full required setback to both paved roadways.
SECTION 4. Permitted Accessory Uses
Recreational structures and facilities, as limited common elements to be used solely by unit owners of the Age Restricted Housing Development and their guests. Such facilities shall comply with all applicable bulk requirements of the Age Restricted Housing Development, including but not limited to the prohibition of such improvements in the required buffer area.
Section 5. Growth Share Requirement
A. All age-restricted housing developments that result in the construction of new market-rate dwelling units in the Borough of Hillsdale shall provide one affordable housing unit for every eight market rate units constructed.
Affordable housing units being constructed on-site shall be in conformance with COAH’s third round rules at N.J.A.C. 5:94-1 et seq. and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., including, but not limited to, requirements regarding phasing schedule, controls on affordability, low/moderate income split, heating source, maximum rent and/or sales prices, affordability average, bedroom distribution, and affirmative marketing.
B. The affordable units may be developed in a duplex arrangement. If the growth share results in the need to construct more than two affordable units, the duplexes shall be located throughout the development so they are not immediately adjacent. Design techniques, such as placement of entry doors, garages and windows should be utilized so that the duplex containing the two attached affordable units appears to resemble one of the market rate single-family dwelling units.
The duplex(es) shall maintain the bulk regulations established for the market rate units with the following exceptions:
· Each affordable unit shall include a minimum of an attached one-car garage with a minimum floor area of 200 square feet.
·
Minimum Building front
setback to paved roadway: 25 ft.
C. The developer may elect to provide a payment in lieu of
construction of affordable housing units.
The cost per market-rate unit shall be $34,117 or an amount not less
than the payment in lieu figure prepared by the New Jersey Council on
Affordable Housing (COAH) for COAH Housing Region 1, whichever shall be higher,
unless otherwise restricted by law.
D. The developer may utilize a combination of construction of
affordable units and payment in lieu of construction of affordable units to
meet the growth share requirement. The
total combination of (1) construction of affordable housing and (2) payment in
lieu of construction of affordable housing shall equal the growth share
generated by the development, including any fractional obligation.
SECTION 6. Prior Inconsistent Ordinances Superseded. All ordinances or parts of ordinances contrary to or inconsistent with this ordinance are hereby superseded.
SECTION 7. Invalidity. If any section or provision of this Ordinance be adjudged invalid or unconstitutional, preempted by Federal or State law, or otherwise invalid by any court of competent jurisdiction, the same shall not affect the validity of the ordinance as a whole or any other section or provision hereof.
SECTION 8. Effect. This ordinance shall take effect immediately upon final passage and publication, or otherwise as provided by law.
SECTION 9. .Severability:
Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance