New ordinance establishes affordable housing overlay zone in Westfield.

PUBLIC NOTICETOWN OF WESTFIELD WESTFIELD, NEW JERSEYGENERAL ORDINANCE NO. 2026-08AN ORDINANCE AMENDING THE LAND USE ORDINANCE OF THE TOWN OF WESTFIELD TO ADDRESS THE REQUIREMENTS OF THE FAIR HOUSING ACT REGARDING COMPLIANCE WITH THE TOWN'S AFFORDABLE HOUSING OBLIGATIONS BY ESTABLISHING AN AFFORDABLE HOUSING OVERLAY ZONE DESIGNATED AS THE FR-AHO DISTRICT AND MODIFYING THE ZONING MAPWHEREAS, in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 et seq, and the Municipal Land Use Law, the Town of Westfield Planning Board has adopted a Housing Element and Fair Share Plan on May 5, 2025 to address the Town's Fourth Round constitutional obligation to provide a realistic opportunity for the development of housing that is affordable to low- and moderate-income families and individuals; andWHEREAS, in order to implement the Housing Element and Fair Share Plan, the Code of the Town of Westfield must be amended to allow for overlay zone districts to address the prospective need obligation in accordance with N.J.S.A. 52:27D-304.1.f.2.c;); andNOW, THEREFORE, BE IT THEREFORE ORDAINED by the Town Council of the Town of Westfield, in the County of Union and the State of New Jersey, as follows:SECTION I. Chapter LUL, Article 11, Subsection 11.01A shall add the designation “FR-AHO Fourth Round Affordable Housing Overlay District” as a line in the table appearing after SAW-AHO.SECTION II. The Zoning Map shall be and is hereby amended and supplemented by the addition of the Fourth Round Affordable Housing Overlay (FR-AHO) District, incorporating the following properties as shown on the Official Tax Map of the Town of Westfield into said overlay zone:Block			Lot		Address3305			1.03		560 NORTH AVE EAST3305			1.04		560 NORTH AVE EAST3305			2		576 NORTH AVE EAST3202			17		544 NORTH AVE EAST3204			9		221-341 SOUTH AVE EASTSECTION III. The Land Use Ordinance is hereby amended by adding a new Article 11.43, Fourth Round Affordable Housing Overlay (FR-AHO) District, to read in its entirety as follows:ARTICLE 11.43Fourth Round Affordable Housing Overlay(FR-AHO) DISTRICT§11.43 FR-AHO Fourth Round Affordable Housing Overlay District.A. Purpose and Intent. The purpose of this article is to supplement Article 11 of the Code of the Town of Westfield in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) (“Mount Laurel II”) and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. These regulations are intended to implement the Housing Element and Fair Share Plan. The FR-AHO district is designed to enable property within the Overlay District to be developed with standalone multi-family residential development as an alternative to the underlying zone district development standards that are, and shall remain, in force. Multi-family residences permitted in the FR-AHO District shall include an affordable housing set- aside as provided for elsewhere in this section.B. Applicability. These regulations shall apply to the following properties as shown on the Official Tax Map of the Town of Westfield: Block			Lot		Address3305			1.03		560 NORTH AVE EAST3305			1.04		560 NORTH AVE EAST3305			2		576 NORTH AVE EAST3202			17		544 NORTH AVE EAST3204			9		221-341 SOUTH AVE EASTC. Principal uses and structures. The following principal uses and structures shall be permitted in the FR-AHO District:1. Multi-family residences as defined in Article 2.2. Existing permitted uses, permitted by the underlying zone district.3. Development of a site in the FR-AHO is permitted for either a permitted use authorized pursuant to the underlying zone or in the alternative, a use permitted by the overlay zone, but not both.D. Accessory uses and structures. The following accessory uses and structures shall be permitted in the FR-AHO District:1. Parking and parking facilities as regulated herein;2. Signs as regulated in Article 16;3. Antennas, as regulated in §13.04; and4. Accessory uses and structures customarily subordinate and incidental to permitted principal uses and shall include building lobbies, community rooms, fitness rooms, laundries, pools, storage and stormwater management facilities.E. Prohibited uses and structures. Any uses or structures, other than those uses or structures permitted in subsection C through D above, are prohibited.F. Bulk and lot regulations. 1. Maximum Density. There shall be a maximum density of twenty-five (25) dwelling units for each acre of lot or tract area.2. Maximum number of buildings per lot. No more than 2 principal buildings shall be permitted per lot. 3. Maximum building width. No building shall exceed a width of 350 feet.4. Minimum distance between buildings. Twenty (20) feet. 5. All other bulk and lot requirements as specified by the underlying zone district apply. G. Design Standards. 1. The Design Standards set forth in §10.15 shall apply.2. The use of vinyl siding as an exterior wall material is prohibited.H. Parking. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be the RSIS standards for high-rise dwellings. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land use Ordinance § 17.05, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12, 17.13, and the bicycle parking requirements of §17.02H. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the FR-AHO zone district.I. Yard location and minimum setbacks for parking areas. Off-street parking areas are prohibited in front and street side yards, and parking areas shall be set back at least five (5) feet from side and rear property lines. J. Affordable Housing Set Aside. At least twenty percent (20%) of the units constructed shall be rented or sold at rates affordable to low, very low and moderate income households in accordance with all applicable regulations of the affordable housing regulations of Article 23, with the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.K. Other regulations. In addition to the above requirements, any development in the FR-AHO district must comply with all applicable regulations of this ordinance, including but not limited to the following:1. the general provisions of Article 12;2. the regulations affecting accessory buildings, structures and uses in Article 13;3. the sign provisions of Article 16.4. In the event of a conflict between the terms of the within ordinance and any other Town ordinances, the terms of the within ordinance shall prevail.SECTION IV.  All ordinances or parts of ordinances in conflict or inconsistent with any part of this Ordinance are hereby repealed to the extent that they are in such conflict or inconsistent.SECTION V.  In the event that any section, provision or part of provision of this Ordinance shall be held to be unenforceable or invalid by any court, such holding shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so held unenforceable or invalid.SECTION VI. This ordinance shall take effect after passage and publication in the manner provided by law.NOTICEThe foregoing ordinance was introduced at a Regular Meeting of the Town Council of the Town of Westfield held on February 24, 2026, and was read for the first time. This ordinance will be further considered for final passage by said Town Council at the Westfield Municipal Building, Council Chambers, 425 East Broad Street, Westfield, New Jersey 07090 at a meeting beginning at 8:00 PM on March 10, 2026, or at any time and place to which such meeting may be adjourned. All persons interested will be given the opportunity to be heard concerning such ordinance. Copies of this ordinance are available at the Office of the Town Clerk, Westfield Municipal Building, 425 East Broad Street, Westfield, New Jersey 07090.Maureen Lawshe, RMC Town Clerk1 T - 02/26/26, The Leader        				Fee: $206.04