New ordinance establishes affordable housing overlay district in Westfield.

PUBLIC NOTICETOWN OF WESTFIELD WESTFIELD, NEW JERSEYGENERAL ORDINANCE NO. 2026-10AN 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 SAW-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, on May 5, 2025, the Planning Board of the Town of Westfield adopted a Housing Element and Fair Share Plan to address the Town's Fourth Round constitutional obligation to provide a realistic opportunity for the development of housing that is affordable to very-low, low-, and moderate-income families and individuals; and WHEREAS, the Town Council of the Town of Westfield approved the HE&FSP via Resolution No. 141-2025 on May 13, 2025, and submitted same under the auspices of the Affordable Housing Dispute Resolution Program (the “Program”), and appointed representatives of the Town to participate in mediation under the Program; 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 zone districts to address the prospective need obligation in accordance with N.J.S.A. 52:27D-304.1.f.2.c;); and WHEREAS, the Town has determined that it will advance its compliance plan and other affordable housing goals by entering into a settlement agreement regarding Block 2510, Lots 18 & 19, which includes the rezoning of certain parcels for inclusionary development. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Westfield in the County of Union, as follows:SECTION I. Chapter LUL, Article 11, Subsection 11.01A shall add the designation “SAW-AHO South Avenue West Affordable Housing Overlay District” as a line in the table appearing after RP-AHO.SECTION II.   The Zoning Map shall be and is hereby amended and supplemented by the addition of the South Avenue West Affordable Housing Overlay District (SAW-AHO), incorporating the following properties as shown on the Official Tax Map of the Town of Westfield into said zone:Block			Lot		Address2510			18		600 SOUTH AVENUE W2510			19		530 SOUTH AVENUE WSECTION III.   The Land Use Ordinance is hereby amended by adding a new Article 11.42, South Avenue West Affordable Housing Overlay District (SAW-AHO), to read in its entirety as follows:ARTICLE 11.42South Avenue West Affordable Housing Overlay District(SAW-AHO)§11.42 South Avenue West Affordable Housing Overlay District (SAW-AHO). 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 of the development of affordable housing for households of very-low, low-, and moderate-income. The SAW-AHO district is designed to enable property within the overlay district to be developed with inclusionary residential development as an alternative to the underlying zone district development standards that are, and shall remain, in force. The uses and design standards for Block 2510, Lots 18 & 19 provided herein will enable the development of an inclusionary residential community including seventy-eight (78) dwelling units, of which sixteen (16) dwelling units shall be set aside for very-low, low- and moderate-income households. The development shall comply with the Uniform Housing Affordability Controls (UHAC) applicable at the time of adoption of the within ordinance. B. Applicability. These regulations shall apply to the following properties as shown on the Official Tax Map of the Town of Westfield:Block			Lot		Address2510			18		600 SOUTH AVENUE W2510			19		530 SOUTH AVENUE WC. Principal uses and structures. The following principal uses and structures shall be permitted in the SAW-AHO zone district:1. STACKED TOWNHOUSE - A structure containing two or more connected dwelling units stacked, at least in part, one dwelling unit above the other, which can include shared floors divided by walls and shared common party walls, with exterior private entrances shared by a maximum of three dwelling units.D. Accessory uses and structures. The following accessory uses and structures shall be permitted in the SAW-AHO zone 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.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. Development of property within this district shall be substantially in conformance with the attached Exhibit A – Architectural Elevations and Floor Plans, and Exhibit B – Site Plan. The following bulk and lot regulations shall apply to all developments within the SAW-AHO zone district:1. Minimum tract area. There shall be a minimum tract area of three (3) acres.2. Maximum Density. There shall be a maximum density of twenty-five (25) dwelling units for each acre of lot or tract area. 3. Minimum front yard. Twenty (20) feet, excluding steps,  stoops and sidewalks. 4. Minimum side yards. Forty (40) feet. 5. Minimum rear yard. Twenty (20) feet, excluding steps, stoops and sidewalks.6. All buildings shall provide a primary pedestrian entry on either South Avenue West or the NJ Transit right-of-way. Garage doors shall not be permitted along the South Avenue West frontage. 7. Minimum distance between buildings. Between principal buildings, the following minimum distances shall apply:a. Facing rear-to-rear, a minimum distance of forty-five (45) feet and shall exclude stoops, steps, entrance features, eaves, chimneys, bay and box windows, or other architectural features which may encroach up to three feet (3') into this required minimum distance. Balconies may encroach up to five feet (5') into this required minimum distance provided that they shall be open and without enclosures on all sides (except on the side abutting the building wall) and except for any railing or wall required per applicable construction codes. b. Facing side-to-side, a minimum distance of fifteen (15) feet and shall exclude stoops, steps, entrance features, sprinkler rooms, utility closets, air conditioning units, eaves, chimneys, bay and bow windows, or other architectural features which may encroach up to three feet (3') into this required minimum distance. However, a clear path of at least ten (10') must be maintained at any point. 8. There shall be a maximum of twelve (12) units in each building and no building shall exceed one hundred and forth (140')feet in length.9. Maximum building height. No principal building shall exceed three habitable floors, exclusive of basement, ground floor parking levels, entry foyers/lobbies, and utility rooms. The building shall not be more than forty-one (41') feet in height not including height exceptions as permitted  by Land Use Ordinance Section 12.05. 10. Maximum Building Coverage for the entire lot shall be forty (40%)percent.11. Maximum total Impervious Coverage for the entire lot shall be eighty five (85%) percent.12. Stormwater management design shall be in accordance with the NJDEP stormwater regulations.G. Design Standards. Architectural design shall be substantially similar in design and aesthetics with the attached Exhibit A – Architectural Elevations and Floor Plans. Final elevations shall be subject to the approval of the Planning Board. 1. Design considerations. The development of the properties within this zone presents an opportunity to implement the best development and sustainable practices promoted by the New Jersey Office of Planning Advocacy and the Town Master Plan:a. Townhouse facade variation. In order to avoid excessive visual monotony, the front facades facing South Ave and side facades facing the exterior of the property of each townhouse building shall have variation in appearance. The facade variation as required herein shall be accomplished by the use of different materials, textures or colors, or any combination thereof, provided that the facade designs shall avoid excessive variety or contrast. The use of materials, textures and colors shall be harmonious and compatible throughout the entire development. b. Compatible architecture. The design of accessory buildings and structures, including the nature of building materials used, shall be substantially the same as used in the construction of principal buildings on the same site designed to be used for multi-family residences or single-family attached residences.c.  High quality building materials shall be utilized. All exterior walls are to be constructed of durable materials such as brick, stone and cast stone, glass, , pretreated wood, cementitious and composite vertical and/or horizontal siding, and other materials as approved by the reviewing board. The use of vinyl siding as an exterior wall material is prohibited and the use of exposed concrete block is prohibited, unless the same is textured. H. Parking. All parking and driveway improvements shall comply with the provisions of the Residential Site Improvement Standards (RSIS) except that the parking requirement shall be 1.9 spaces per unit. An additional 0.25 spaces per unit shall be provided for visitors. Tandem garages with no driveway shall count as two (2) spaces and tandem garages with a driveway shall count as three (3) spaces. In addition, development shall be in compliance with subsections 17.05 through 17.13 of Article 17 of the Town of Westfield Land Use Ordinance. Bicycle parking for dwelling units without a garage parking space or spaces shall be provided at a rate of .5 bicycle parking spaces per dwelling unit. I. Yard location and minimum setbacks for parking areas. Off-street parking areas are prohibited in front yards, and parking areas shall be set back at least five (5) feet from side and rear property lines. Except for parking provided in a driveway leading directly to a garage bay, off-street parking areas shall maintain at least ten feet (10') of separation from buildings.J. Affordable Housing Requirements.  1. Minimum required affordable housing set aside:  20% of the total number of dwelling units.2. Affordable units shall not be age restricted.3. Affordable dwelling units shall be subject to the Fair Housing Act at N.J.S.A. 52:27D 301 et. seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80 26.1 et seq. applicable at the time of adoption of adoption of the within ordinance and all other applicable regulations of the affordable housing regulations of Article 23.a. Subject to the approval by Fair Share Housing Center and the Court in this matter, as a result of the nature of the project and location of the affordable building, the developer shall phase the project as follows:(i) prior to 50% of the market rate CO's, at least 55% of the affordable units will be completed; and (ii) prior to 75% of the market rate CO's, 100% of the affordable units will be completed. K. Other regulations. In addition to the above requirements, any development in the SAW-AHO zone 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; and3. 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 conflict or inconsistent.SECTION V. In the event that any section, provision, or part of provision of this ordinance shall be held to unenforceable invalid by any court, such holding shall not affect 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: $294.78