Ordinance amends housing regulations for affordable housing in Pompton Lakes.

BOROUGH OF POMPTON LAKES
LEGAL NOTICE
 
ORDINANCE NO. 26-05
 
The following Ordinance was approved for First Reading and Introduction at a Regular Meeting of the Pompton Lakes Mayor and Council held on February 11, 2026 in the Pompton Lakes Municipal Building, 25 Lenox Ave., Pompton Lakes, NJ. Said Ordinance will be presented for Second Reading and Final Adoption, after the public is given an opportunity to discuss said Ordinance, at a Regular Meeting of said Council to begin at 7:00 pm, in the Pompton Lakes Municipal Building to be held on February 25, 2026.
 
Elizabeth Brandsness, RMC – Borough Clerk
 
BOROUGH OF POMPTON LAKES
AN ORDINANCE AMENDING CHAPTER 190, ARTICLE IV OF THE MUNICIPAL CODE OF THE BOROUGH OF POMPTON LAKES TO ADDRESS THE BOROUGH'S AFFORDABLE HOUSING OBLIGATIONS UNDER THE FAIR HOUSING ACT AND THE UNIFORM HOUSING AFFORDABILITY CONTROLS (UHAC)
 
WHEREAS, the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”) enables municipalities to adopt and amend zoning ordinances relating to the nature and extent of the uses of land, buildings and structures within a municipality; and
WHEREAS, pursuant to the MLUL, all provisions of such zoning ordinances or amendments shall either be substantially consistent with the land use plan element and housing element of the municipalities master plan or designed to effectuate such plan elements; and
WHEREAS, the Borough wishes to address its constitutional obligation to provide for its fair share of low- and moderate-income housing, consistent with N.J.A.C. 5:99-1, et seq., as amended and supplemented, N.J.A.C. 5:80-26.1, et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985 as amended and supplemented; and
WHEREAS, this Ordinance is intended to provide assurances that low- and moderate-income units ("affordable units") are created with controls on affordability over time and that low- and moderate-income households shall occupy those units; and
WHEREAS, the Pompton Lakes Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq.; and
WHEREAS, The Housing Element and Fair Share Plan have been endorsed by the governing body. This Ordinance implements and incorporates the adopted and endorsed Housing Element and Fair Share Plan and addresses the requirements of N.J.A.C. 5:93-1, et seq., as amended and supplemented, N.J.A.C.5:80-26.1, et seq. as amended and supplemented, and the New Jersey Fair Housing Act of 1985.
 
Section 1. Forgoing whereas clauses are incorporated herein by reference and made part hereof.
Section 2. § 190-17 AFFORDABLE HOUSING ZONES is hereby amended to add subparagraph M in the following manner:
 
§ 190-17. District Regulations.
 
M. AH-3 Affordable Housing Overlay Zone. With respect to the AH-3 Overlay Zone, the Borough of Pompton Lakes recognizes its obligation under the New Jersey Fair Housing Act to provide for its own indigenous need and its fair share of the regional need of low- and moderate-income (affordable) housing. The AH-3 Overlay Zone is located at 430-460 Montclair Avenue and is identified as Block 1800, Lot 13.01 and 13.02 (formerly Lot 13).
 
     (1) Permitted Principal Uses and Densities. Properties in the AH-3
           Overlay Zone may be developed with multi-family inclusionary
           development, exclusive of any state- or federally designated wetland
           or other wetland area confirmed by professional investigation and any
           area containing slopes exceeding a grade of 15%, and subject to
           other requirements and limitations as may be imposed by this
           chapter; provided, however, that no fewer than 20% of the total
           number of housing units shall be designated for occupancy by low-
           and moderate-income households that shall comply with UHAC
           (N.J.A.C 5:80-26, et seq.)
     (2) Permitted Accessory Uses. The following accessory uses are
           permitted in the AH-3 Overlay Zone:
           (a) Leasing, management, maintenance, and related offices.
           (b) Buildings for storage of maintenance equipment.
           (c) Off-street parking as regulated in §190-16CC.
           (d) Signs in accordance with §190-16Q.
           (e) Landscape and site furnishing (seating, bicycle racks, etc.).
           (f) Interior and exterior amenity spaces, including community space,
                mailrooms, and recreation/gathering areas.
           (g) All other accessory structures which are customary and incidental
                to the operation of a multi-family apartment building.
     (3) Required Conditions. The following zoning standards shall apply to
           development in the AH-3 Overlay Zone:
           (a) Minimum lot area: 1.2 acres.
           (b) Minimum Setbacks:
                  [1] Front yard setback: 50 feet.
                  [2] Minimum Side Yard: 20 feet (one)/40 feet (both)
                  [3] Minimum Rear yard: 10 feet
           (c) Maximum Density 32 dwelling units per acre
           (d) Minimum Affordable Housing Set-aside: 20%
           (e) Maximum building coverage: 40% of site.
           (f) Maximum impervious coverage: 60% of site
           (g) Maximum height of building. No building shall exceed a height of
                   three (3) stories or 40 feet.
           (h) Parking. Adequate provisions shall be made for off-street parking
                 in accordance with all applicable provisions of § 190-16CC of this
                 chapter.
                  [1] Adequate parking facilities for accessibility to people with
                       mobility impairments shall be provided as required by the
                       Americans with Disabilities Act (ADA).
                  [2] Shrubs and deciduous trees shall be required to provide
                       reasonable screening for parking areas with frontage along any
                       street. A landscaped buffer of at least eight (8) feet shall be
                       provided along the boundary of the property. Landscaping
                       shall comply with Section 190-16.BB of the ordinance.
     (4) Minimum Distance between Buildings. Should be development consist
           of two separate buildings then the minimum distance shall be 35 feet
           if a driveway is located between the buildings or at least 25 feet if no
           driveway is proposed.
     (5) Open Space and Recreation. Exclusive of internal roadways and
           parking areas, there shall be provided a minimum of 20% of the entire
           tract for common open space and facilities.
 
Section 3. A copy of this Ordinance after adoption by the Municipal Council on first reading shall be submitted to the Planning Board for a consistency hearing, pursuant to N.J.S.A. 40:55D-26-a.
Section 4. If any section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision clause or provision so adjudged and the remainder of this ordinance shall remain valid and effective.
Section 5. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey, following the required 20 day after adoption as set forth in N.J.S.A. 40:69A-181 (b).
 
Elizabeth Brandsness, R.M.C., Municipal Clerk
Suburban Trends February 15, 2026
Fee: $97.34 12081221