New ordinance establishes affordable housing zone in Westfield.

PUBLIC NOTICETOWN OF WESTFIELD WESTFIELD, NEW JERSEYGENERAL ORDINANCE NO. 2026-09AN 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 ZONE DISTRICT DESIGNATED AS THE SA-AH 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 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 “SA-AH Affordable Housing District” as a line in the table appearing after FR-AHO.SECTION  II. The Zoning Map shall be and is hereby amended and supplemented by the addition of the South Avenue Affordable Housing (SA-AH) District, incorporating the following properties as shown on the Official Tax Map of the Town of Westfield into said zone:Block			Lot		Address3101			2		436 SOUTH AVENUE W3101			3		430 SOUTH AVENUE W3101			4		412 SOUTH AVENUE WSECTION III. The Land Use Ordinance is hereby amended by adding a new Article 11.44, South Avenue Affordable Housing (SA-AH) District, to read in its entirety as follows:ARTICLE 11.44South Avenue Affordable Housing (SA-AH) DISTRICT§11.44 South Avenue Affordable Housing (SA-AH) 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 SA-AH district is designed to enable property within the District to be developed with standalone multi-family residential development. Multi-family residences permitted in the SA-AH 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		Address3101			2		436 SOUTH AVENUE W3101			3		430 SOUTH AVENUE W3101			4		412 SOUTH AVENUE WC. Principal uses and structures. The following principal uses and structures shall be permitted in the SA-AH District:1. Multi-family residences as defined in Article 2. D. Accessory uses and structures. The following accessory uses and structures shall be permitted in the SA-AH 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, residential roof decks, 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. Minimum Front Yard. No front yard shall be required.3. Minimum Side Yard. All principal buildings may be constructed without side yards, except that when a side yard is provided, it shall not be less than 10 feet.4. Minimum Rear Yard. There shall be a rear yard of at least one foot for every two feet of height of the principal building on the lot which is the subject of the application, but not less than 10 feet. 5. Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, or 40 feet in height, whichever is less.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.3. Ground floor street-facing facades shall be occupied by a liner of habitable space including but not limited to common areas and facilities for the residents of the building. However, vehicular access to parking areas, limited to 15 feet in width for a one-way driveway and 25 feet in width for a two-way driveway, are permitted along a ground floor street-facing façade. H. Parking. a. All parking and driveway improvements shall comply with the provisions contained within 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 SA-AH zone district. b. Required parking shall be furnished on the same lot as the principal building, structure or use; provided, however, that the required number of parking spaces may be located on other property owned by the applicant, or under a joint parking program agreement, in the SA-AH or CBD zone districts, so long as such parking spaces are located within five hundred (500) feet of any entrance way to the principal building, structure or use as measured along the normal pedestrian route between the parking and the entranceway to the principal building, structure or use. Plans for such a joint parking program shall be approved by the Planning Board, and provided further that the amount of parking spaces shall equal the collective parking requirements of the participating properties to be serviced, unless the applicant demonstrates, and the Board agrees, that the times of peak parking demand for the various uses are and will remain sufficiently different so as to warrant a lesser number of parking spaces.  I. Yard location and minimum setbacks for parking areas. Off-street parking areas are prohibited in front, side, and street side yards. Parking areas shall be set back at least 2 feet from side and rear property lines, however, joint parking areas shall be exempt from the forgoing 2 foot set back requirement only to the extent such exemption is necessary to connect said parking and to provide common access.  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 GB2-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 ordinance, 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 final passage and publication in the manner provided by law.NOTICENotice is hereby given that the foregoing ordinance was approved for final adoption by the Town Council of the Town of Westfield at a Regular Meeting held on March 10, 2026. Maureen Lawshe, RMC Town Clerk1 T - 03/12/26, The Leader        				  Fee: $226.44