§ 184-116. MAH Midway Affordable Housing Zone., Article XII. Zone District Regulations, Part 3. Zoning, Chapter 184. Land Use, Part II. General Legislation, Code of Ordinances, Fanwood

Permitted uses. The following uses shall be permitted in the MAH Zone:

(1)

Primary uses.

(a)

Detached one-family dwellings.

(2)

Secondary uses.

(a)

All secondary uses permitted in the single-family portion of the TAH Zone.

Additional regulations.

(1)

Twenty percent of the single-family units shall be affordable to low- and moderate-income families. One-half of the affordable units shall be affordable to low-income families, and 1/2 shall be affordable to moderate-income families. At the discretion of the Governing Body, and with the consent of the Council on Affordable Housing, such a requirement may be met through a combination of a developer contribution towards funding the transfer of units to another municipality pursuant to an RCA and construction of one affordable unit in either the MAH Zone or one additional affordable unit on the TAH Zone if that property is developed by the same developer as the MAH Zone, which combination shall be the equivalent of 20% of development in the MAH Zone. The developer's monetary contribution in lieu of constructing affordable housing units shall help fund the RCA. To the extent that the Borough, pursuant to the RCA, must pay money to another municipality before it receives payment from the developer, an escalation fee shall accrue on the in lieu payment. The escalation fee shall be the percent change between the average sales price of kinds of new one-family houses sold compared with that of house actually sold, as reported in Current Construction Reports: New One Family Houses Sold, issued by the United States Department of Commerce ("USDOC"), for the month of each payment made by the developer.

(2)

The affordable housing units constructed shall be sized and restricted by affordability as follows: Any affordable housing unit shall be three bedrooms in size and affordable to a moderate-income household.

(3)

Notwithstanding the Borough standards for streets, the following street standards shall apply:

(a)

The right-of-way width of a public street shall not be less than 40 feet.

(b)

The paved cartway width of a public street shall not be less than 28 feet.

(c)

No sidewalks shall be required within a public street right-of-way. However, all utilities shall be placed underground within a two-foot utility strip adjacent to the cartway.

(d)

Shade trees shall be planted at fifty-foot intervals within the right-of-way of the public street only along the westerly side of the street and around the cul-de-sac to the point where the cul-de-sac meets the westerly P.S.E. & G. property line immediately adjacent to the MAH Zone.

(e)

A cul-de-sac shall have a right-of-way diameter of not less than 92 feet and a paved cartway diameter of not less than 80 feet.

(f)

Two off-street parking spaces shall be required for every lot. Driveway spaces of at least 10 feet in width by 20 feet in length or an enclosed garage shall count as one space.

(g)

On-street parking shall be permitted on only the easterly side of the public street, and not on the cul-de-sac. Such on-street spaces shall not count toward satisfying the required off-street parking requirements.

(h)

The maximum width of the curb cut for driveways shall be 12 feet. The maximum width of a driveway in the front or side yard shall be 10 feet. The setback of a driveway to a side property line shall be two feet. No two driveways shall be located in adjacent side yards except as other wise provided in the developers agreement for the MAH Zone.

(4)

Only a one-car garage may face the public street as part of the principal structure. Two-car garages shall be permitted only in the rear, attached to a principal structure, or as a detached accessory structure. If no enclosed garage is provided as part of the principal structure facing the street, the front yard setback of the principal structure may be reduced from 25 feet to 20 feet.

(5)

A continuous evergreen vegetative screen not consisting of trees and at least five feet in planted height, shall be provided along the westerly PSE&G property line immediately adjacent to the MAH Zone, from a point where the easterly property line of the MAH Zone meets Midway Avenue, and south 190 feet, and excluding the approximately thirty-foot entranceway of the proposed emergency access road across the P.S.E. & G. property.

(6)

All principal and accessory structures shall have peaked roofs.

(7)

Reference is made to § 184-134 as it relates to accessory uses and structures in residential zones, which section shall only be applicable so long as it does not conflict with any other provision of this § 184-116.

Phasing. In the event that the developer does not transfer the affordable unit from the MAH Zone to the TAH Zone, final site plan approval shall be contingent upon the development meeting the phasing schedule set forth in the developers agreement for the MAH Zone, i.e., the affordable housing unit shall be built so that the certificate of occupancy (temporary or permanent) for that unit is obtained prior to the issuance of a certificate of occupancy (temporary or permanent) for the sixth, seventh or eighth units proposed for the MAH Zone.

Location. The affordable housing unit shall not be located on any lot that fronts on Midway Avenue.

Orientation. Principal structures on lots abutting Midway Avenue must have a primary or secondary orientation of an entrance door and walkway to Midway Avenue. No accessory structure, including but not limited to garages, swimming pools, or sheds, shall be permitted in the yard between the principal structure and Midway Avenue. A driveway may be permitted from Midway Avenue.

Principal structures shall be at least 16 feet apart on adjacent lots unless otherwise provided in the developers agreement for the MAH Zone.

All utilities shall be underground, including telephone, electric and outdoor lighting and CATV lines. The developer shall install fire hydrant(s) at locations specified by the Borough Engineer, Fire Official and Public Safety Officer in accordance with the RSIS. Such hydrant(s) shall be provided with the appropriate water pressure and otherwise be adequately maintained by the Borough.

The developer shall pay to the Borough or the HMFA directly for the cost of the Borough's contracting with the HMFA to use the AHMS, or a designated administrative agent selected by the Borough, to market and properly restrict for occupancy affordable housing units constructed in this Zone, upon written notification from the Borough that marketing will commence. All funds paid by the developer shall be the property of the Borough immediately and shall not be refundable.

Accessory structures shall not be permitted in the front yard. Accessory structure setbacks shall be five feet from the rear lot line and two feet from the side lot line.

A 12 feet by 12 feet deck or patio shall be permitted as part of the principal structure of any lot notwithstanding the setback requirement so long as the deck is no closer than 15 feet to the rear property line and the patio shall not be closer than 12 feet to the rear property line.

An emergency access road across the P.S.E. & G. property shall be located in accordance with the developers agreement for the MAH Zone.

Except as otherwise indicated below, the following provisions shall apply to the LGAH, TAH, MAH Zones and where inconsistent with the general provisions, these provisions shall govern:

[Amended 6-14-2001 by Ord. No. 01-10R; 12-13-2001 by Ord. No. 01-22R]

(1)

For one-family dwellings, two parking spaces, not less than nine feet by 20 feet in area, shall be required for each unit on the same lot as they are intended to serve. An access driveway may be considered in meeting this requirement, provided that no more than one such space shall be located within the required front yard setback and no more than two feet from the side property line. Garage spaces shall be considered in meeting this requirement. No more than one garage space shall face a public street. No parking area for a single-family home shall have more than one access driveway with a curb cut no greater than 12 feet and a width no greater than 10 feet at the property line or within the required front yard setback; except where a two car garage is permitted, the curb cut including radii shall not exceed 24 feet in width and the driveway shall not exceed 18 feet in width. The setback of a driveway to a side property line shall not exceed two feet. No access driveway shall be located within an intersection or within 25 feet thereof. Any two driveways may be located in adjacent side yards only if shown in that manner in the developers agreement related to that zone.

(2)

All off-street parking areas shall be surfaced with a dustless, durable, all-weather pavement of stone, concrete, asphalt or a similar material.

The following criteria shall be considered in determining rents and sale prices of affordable housing units, unless otherwise provided in a developer's agreement between the developer and the Borough and approved by COAH:

	Unit Size	Household Size
	Efficiency units	1 person
	One-bedroom units	2 persons
	Two-bedroom	3 persons
	Three-bedroom	5 persons
	Four-bedroom	7 persons

(1)

The average selling price of units in each unit size category shall not exceed a price affordable to a household earning 57.5% of median, adjusted for household size.

(2)

To ensure that units are affordable throughout the range set forth in Subsection M(1) above, the developer shall establish a range of stratified prices of sales units for the low- and moderate-income units, for each unit size. The developer shall provide, to the extent practicable, for the following distribution of sales prices for every 20 low- and moderate-income units:

	Low:	1 at 40.0% through 42.5%
		3 at 42.6% through 47.5%
		6 at 47.6% through 50.0%
	Moderate:	1 at 50.0% through 57.5%
		1 at 57.6% through 64.5%
		1 at 64.6% through 68.5%
		1 at 68.6% through 72.5%
		2 at 72.6% through 77.5%
		4 at 77.6% through 80.0%

(a)

The average of the range shall not exceed the levels set forth in Subsection M(1) above.

(3)

Sales prices shall be considered affordable where the household purchasing the unit will not spend more than 28% of gross household income, after a 5% down payment, including the monthly principal, interest, taxes, insurance and homeowners' association fees, if any. In making these calculations, the following considerations shall govern:

(a)

Mortgage payments shall be determined on the basis of a thirty-year fixed-rate mortgage at the prevailing interest rates obtainable from at least two major lenders active in Union County.

(b)

Property taxes shall be determined by applying the equalized property tax rate in the Borough currently in effect to the proposed selling price of the unit.

(c)

The developer shall use the best available assumptions to determine the insurance and homeowners' associations fees, if any, to be applied to the units.

(d)

Homeowners' association fees, if any, shall be set at a specific percentage of those paid by market purchasers. This percentage must be included in the master deed of any inclusionary development.

(4)

Rental prices shall be considered affordable where the household renting the affordable housing unit will not spend more than 30% of gross household income for rent, including utilities. Maximum rent shall be calculated as a percentage of the regional median income adopted by the COAH that applies to the rental housing unit. The allowance for utilities shall be the personal benefit allowance for utilities as defined by HUD.

Prohibited uses. All uses prohibited in the LGAH Zone shall be prohibited.

[Added 4-11-2001 by Ord. No. 01-06R]