Rumson City Zoning Code
§ 22-5.19
Residential Overlay Inclusionary-5 Zone.
[Added 12-15-2020 by Ord. No. 20-012D]
a.
Purpose: The Borough adopts this section to advance the following objectives:
1.
To find ways for a developed community to balance "legitimate zoning and planning objectives" with the need and constitutional obligation to provide affordable housing.
2.
To attempt to channel affordable housing in the areas of the Borough that are best suited to accommodate affordable housing.
3.
To address its affordable housing unmet need obligation, the Borough shall implement a Residential Overlay Inclusionary Zone Ordinance that creates a realistic opportunity for housing in the Borough that is affordable to very-low-, low- and moderate-income households. This section establishes the Residential Overlay Inclusionary-5 (ROI-5) Zone, and permits the creation of multifamily housing within the ROI-5 Residential Zone provided that such housing complies with a required inclusionary set-aside requirement and with the requirements of this section.
b.
Location. The Residential Overlay Inclusionary-5 District is applicable to blocks/lots in the R-5 Residential Zone as follows: Block 60, Lots 6, 7, 8, 9, 10, 11.01, 12.01, 13, 14.
c.
Permitted uses. The following uses shall be permitted in the Residential Overlay Inclusionary-5 District:
1.
Multifamily housing including townhouses, duplexes, triplexes and quads.
d.
Accessory uses permitted. The following accessory uses and structures shall be permitted in the ROI-5 District provided they are located on the same premises as the principal use or structure to which they are accessory and are located in the rear yard:
e.
Development standards.
1.
Minimum lot size: one acre.
2.
Maximum density: 12 dwelling units per acre.
(a)
Calculations resulting in a partial unit shall be rounded down to the next whole number.
3.
Units shall be provided within a primary structure(s) with the front facade facing the public right-of way.
4.
Minimum front yard setback shall not be less than the prevailing setback of dwellings within 200 feet along the street right-of-way.
5.
Ninety percent of required parking shall be provided within an enclosed garage.
6.
Parking not located within an enclosed garage shall be fully screened with a four-foot wall.
7.
Garages shall not face the public right-of-way without an intervening building between the garage and the public right-of-way.
8.
Front-loaded townhouses are prohibited.
9.
Maximum building coverage and lot coverage shall be in compliance with Schedule 5-5 AHO. FAR requirements shall not apply to inclusionary development in the overlay zoning district.
10.
Maximum dwelling units in one building shall not exceed eight.
11.
A minimum forty-foot vegetated buffer shall be provided adjacent to the side and rear lot lines in accordance with Subsection 22-8.4e.
12.
Open spaces shall include at a minimum central open space for passive and active uses. Stormwater facilities shall not impede function of open space.
13.
Lighting for parking areas and driveways shall not exceed 12 feet in height.
14.
Refuse disposal shall be contained within the buildings. No outside refuse disposal area is permitted.
15.
Building design.
(a)
The primary building(s) shall be designed to present as a single-family residential structure that contains a consistent facade in terms of architectural style and materials throughout the entire building.
(b)
The second-floor habitable area shall not exceed 90% of the first-floor area.
(c)
The third-floor habitable area shall not exceed 30% of the second-floor area.
(d)
Buildings shall be required to incorporate high-quality architectural features that are characteristic of and complimentary to significant buildings reflecting the traditional architecture in the R-5 Zoning District. The applicant for any development shall demonstrate such design by providing examples of and comparisons with existing high-quality architecturally significant buildings.
(e)
If more than one primary structure is proposed, the architecture of each primary structure shall be compatible but different from one another in terms of style, materials or layout.
(f)
All HVAC and mechanical equipment shall be adequately screened from view.
16.
Affordable housing.
(a)
Project will deliver an on-site affordable housing set-aside of 20%. Affordable units in said projects must be affordable to very-low-, low- and moderate-income households in accordance with Borough's Affordable Housing Ordinance, the Borough's Housing Element and Fair Share Plan, any applicable Order of the Court (including a judgment of compliance and repose order), the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. (FHA), Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (UHAC), and applicable New Jersey Council on Affordable Housing (COAH) Prior Round regulations, N.J.A.C. 5:93-1 et seq. If there are multiple dwelling units within each building, then the affordable units shall be evenly dispersed with market-rate units in each building. Affordable units shall have equal access to all amenities and recreational areas available to market-rate units.
(b)
When any calculation of the percentage of affordable units required to be provided results in a fractional unit of 1/2 or more, the fraction shall be rounded up to the next whole number. When a calculation results in a fraction of less than 1/2, the fraction shall be rounded down to the previous whole unit.
(c)
Any fractional affordable housing requirement that is less than 1/2 and rounded down shall be addressed by either the developer providing the affordable unit or by making a payment in lieu of on-site construction of affordable housing, which shall be placed in the Affordable Housing Trust Fund. The amount of the payment shall be consistent with COAH regulations and shall be negotiated with the Borough based on consideration of the anticipated cost of providing affordable housing units. For purposes of this chapter, the payment in lieu of affordable housing shall initially be established as $350,000 multiplied by the fractional affordable housing requirement as calculated to two decimal points. The payment in lieu of affordable housing is presumptively the cost to construct an affordable housing unit in the Borough. The Planning Board or Zoning Board, as appropriate, may adjust from time to time the presumptive amount based upon the appropriate evidence.
(d)
Said affordable housing shall include standards for the split between very-low-, low- and moderate-income housing providing a minimum of 13% of the affordable units within each bedroom distribution as very-low-income units at 30% of the median income, 37% of the affordable units within each bedroom distribution as low-income units, with the 50% balance of units within each bedroom distribution allowed to be moderate-income units. Said affordable housing will also comply with bedroom distribution requirements, pricing and rent of units, affirmative marketing, thirty-year minimum affordability controls set by deed restriction in accordance with UHAC and the Borough's Affordable Housing Ordinance, and construction phasing with the market rate units developed on the tract as is required by N.J.A.C. 5:93-5.6(d).
(e)
The Borough designated affordable housing administrative agent, or a qualified administrative agent selected by the developer, shall be responsible to affirmatively market, administer and certify the occupant of each on-site or off-site affordable unit, with all administrative costs to be paid by the developer.