I just noticed that my link above doesn’t work. The zoning amendment that was passed in October regarding this property (which I’ve pasted below) says it has an area of 3.12 acres, which would only allow 328 units at the allowed density of 105 units per acre. But if you include the underwater part of the property, then it comes out to about 18.5 acres, enough for 1919 units. It all depends on how the density numbers are to be interpreted (are they per gross acre or per net acre?).
INTRODUCTION OF BOROUGH OF EDGEWATER ORDINANCE #1553-2017 The following an ordinance entitled"-AN ORDINANCE OF THE BOROUGH OF EDGEWATER, COUNTY OF BERGEN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 240 OF THE BOROUGH CODE TO IMPLEMENT AFFORDABLE HOUSING"
Notice of Hearings of the Code of the Borough of Edgewater, County of Bergen was introduced on the 21st day of August and is scheduled for public hearing/adoption on Monday October 2, 2017 at the Edgewater Municipal Building, Council Chambers, located at 55 River Road, Edgewater, New Jersey at 7:00 p.m or as soon thereafter as the matter can be reached, and that at such time and place all persons interested will be given an opportunity to be heard concerning the same.
ORDINANCE # 2017-1553 AN ORDINANCE OF THE BOROUGH OF EDGEWATER, COUNTY OF BERGEN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 240 OF THE BOROUGH CODE TO IMPLEMENT AFFORDABLE HOUSING WHEREAS, pursuant to N.J.S.A. 40:55D-62b, the Mayor and Council of the Borough of Edgewater are authorized and empowered to adopt and amend the zoning ordinance of the Borough of Edgewater; and WHEREAS, the Borough further recognizes the continuing need for and its responsibility to maintain its efforts in creating affordable housing within the Borough consistent with the “Fair Housing Act,” P.L. 1985, c 222 (C-52:27D-301 et seq.); and WHEREAS, the Mayor and Council have deemed it in the best interests of the Borough to amend the zoning ordinance and adopt the regulations set forth herein to address such efforts; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Edgewater, as follows: Section 1. Section 240-131 of the Borough Code is hereby amended as follows:
Section 240-131.1. Definitions applicable to all R-5 Zoned Properties. The following definitions will be applicable to all R-5 Zoned Properties: FLOOR AREA RATIO (F.A.R.) The gross floor area of building or structures on a lot divided by the gross total lot area. GROSS TOTAL LOT The total land area of tax lots(s), including water bodies. GROSS FLOOR AREA The sum of the gross horizontal areas of all enclosed floors of a building, including cellars, basements, mezzanines, penthouses, corridors, and lobbies from the exterior face of the exterior walls or from the centerline of a common wall separating two buildings, but excluding any space with floor-to-ceiling height of less than six (6) feet six (6) inches. This does not include balconies, terraces or roofs. In determining the gross floor area, any floor space that is constructed or intended to be used solely for parking motor vehicles, loading or unloading of motor vehicles, or for refuse storage chambers, refuse storage and material recovery chambers, material recovery chambers, refuse storage and material recovery rooms, refuse chutes, other types of facilities provided for the separation of refuse, or for access facilities for telecommunications and broadcasting services, or occupied solely by machinery or equipment for any lift, air-conditioning or heating system or any similar service, shall be excluded from the gross floor area of a building. IMPERVIOUS SURFACE A surface that has a coefficient of run-off of 0.75 or greater. No more than 50% of graveled areas shall be permitted to be applied as a pervious surface. LOT COVERAGE The portion of a lot that is covered by impervious surface. A green roof on any building or garage structure that provides adequate vegetation and passive recreation use for the occupants may be counted as pervious coverage at 75% (i.e. 100 SF of a “green” roof would count as 75 SF of pervious ground surface). NET ACREAGE The total land area of a tax lot, excluding water bodies. PERVIOUS COVERAGE The percentage of a lot covered by pervious surface(s). PERVIOUS SURFACE Any surface that does not meet the definition of an impervious surface. Section 240-131.2. Parking and Loading for all R-5 Zoned Properties. A.Parking and Loading shall be subject to the requirements of Article XIX of this Chapter. B.Structured parking is permitted. The number of parking stories shall not be counted towards the number of stories permitted. Section 240-131.3. Affordable Housing Component for certain R-5 Zoned properties. To advance the goals and objectives for providing affordable housing in the State of New Jersey, the following section provides for affordable housing units within the R-5 Zone within the Borough of Edgewater. A.The following parcels, identified by block and lot, shall be zoned as indicated, and the Borough of Edgewater Zoning Map authorized by 240-93 shall be amended as necessary in accordance therewith: *ADDRESS BLOCK LOT 115 RIVER ROAD 96 3.01 145 RIVER ROAD 95 1 225 RIVER ROAD 91 1 *** southern portion of property known as Development Unit B, having an ***area of 135,959 sq. ft. or 3.12 acres ***B.Consistent with N.J.A.C. 5:9_-__, a 15% set-aside for affordable housing units is mandatory for the residential component of any multi-family rental building, and a 20% set-aside for affordable housing units is mandatory for the residential component of any multi-family building with for-sale units. C.Permitted Density: 1.Mid-Rise: 35 du/ac 2.High-Rise: 105 du/ac 3.Senior: 115 du/ac D.General provisions for constructing affordable units. 1.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 price, affordability average, bedroom distribution and affirmative marketing. 2.To the greatest extent possible, affordable housing units being provided within inclusionary developments shall be disbursed throughout inclusionary developments and shall be located within buildings designed to be architecturally indistinguishable from the market-rate units otherwise being constructed within the development. To that end, the scale, massing, roof pitch and architectural detailing (such as the selection of exterior materials, doors, windows, etc.) of the buildings containing the affordable housing units shall be similar to and compatible with that of the market-rate units. E.Other provisions superseded. In the event of any inconsistency between the provisions of this section and any other section of Chapter 240, the provisions of this section shall prevail. Section 2. Planning Board review. Upon approval of this Ordinance upon First Reading by the Mayor and Council of the Borough of Edgewater, this Ordinance shall be transmitted to the Planning Board for its review and recommendation. Section 3. Severability. If any provision or portion of a provision of this ordinance is held to be unconstitutional, preempted by Federal or State law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated and shall remain in full force and effect. Section 4. Effective date. This Ordinance shall take effect immediately upon final publication as required by law. Section 5. Repeal of inconsistent ordinances. All ordinances and parts of ordinances which are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. MICHAEL J. McPARTLAND, Mayor ATTEST:______________________ ANNAMARIE O’CONNOR, RMC, Borough Clerk INTRODUCED:August 21, 2017 ADOPTED: APPROVED: September 13, 2017