[1]
Editor's Note: Ordinance No. 1999-27, adopted 8-4-1999, deleted the words "with Cluster and Bonus Density Provision" from this article title.
The purpose of this district is to comply with the substantive rules and regulations of the New Jersey Council on Affordable Housing promulgated pursuant to the Fair Housing Act. The requirements of the zone reflect the requirements established by the Council on Affordable Housing in the substantive rules. Words and terms as defined at N.J.A.C. 5:92-1.3 are incorporated herein and made a part hereof.[1]
[1]
Editor's Note: See also Ch. 87, Housing.
Permitted principal uses shall be as follows:
A. 
Single-family residential detached dwellings with public water and sewer.
B. 
Single-family residential attached dwellings (atrium or patio and townhouses and duplexes) with public water and sewer.
C. 
Multifamily residential in accordance with public water and sewer.
Permitted accessory uses in the RB District shall be as follows:
A. 
Private residential swimming pools. A wall of a swimming pool shall not be located less than six feet from any rear or side property line or 10 feet from any alley or easement line. Swimming pools shall not be located within any front yard setback.
B. 
Private garages and carports to a maximum height of 20 feet. Private garages and carports shall not be located less than five feet from rear or side property lines or 10 feet from any alleyway or easement line. Private garages and carports shall not be located within any front yard setback.
C. 
Garden sheds up to 100 square feet if not on a permanent footing shall not be located less than two feet from rear or side property lines and not less than two feet from any alleyway or easement line and not less than two feet from any fence. A zoning permit shall be required for any shed.
[Amended 8-15-2001 by Ord. No. 2001-15]
D. 
Accessory buildings customarily incidental to residential use less than 250 square feet in area for use with the main building. Accessory buildings shall not be less than five feet from any rear or side property lines, 10 feet from any alleyway or easement line and all accessory buildings to residential use shall not exceed 20 feet in height.
E. 
Dish antennas in rear yard only. Dish antennas shall not be less than five feet from any rear or side property lines, 10 feet from any alleyway or easement line.
F. 
Flagpoles. Flagpoles shall be set back from all property lines one foot for each one foot in height to a maximum of 50 feet in height.
[Amended 8-5-1992 by Ord. No. 1992-28]
A. 
Maximum gross density for the RB District is six dwelling units per acre.
B. 
Twenty percent of all dwelling units constructed in the RB District shall be set aside for low- and moderate-income housing. Such units shall be subject to all applicable regulations pertaining to the RB District.
C. 
At a minimum, 35% of all low- and moderate-income units shall be two-bedroom units; 15% of such units shall be three-bedroom units, and not more than 20% of such units shall be efficiency units.
D. 
The minimum living area of efficiency units shall be 500 square feet; of one-bedroom units, 600 square feet; of two-bedroom units, 750 square feet; of three-bedroom units, 950 square feet; and of four-bedroom units, 1,150 square feet.
Area and bulk regulations shall be as follows:
A. 
Single-family detached.
(1) 
Lot size: 6,000 square feet.
(2) 
Lot width: 60 feet minimum.
(3) 
Lot depth: 100 feet minimum.
(4) 
Impervious coverage: 33% maximum.
(5) 
Front yard: 25 feet minimum. On the corner lots, the side yard facing the street shall have a fifteen-foot setback.
(6) 
Rear yard: 25 feet minimum.
(7) 
Side yards: 15 feet minimum, total; side yard setbacks with a minimum of five feet on each side.
(8) 
One side yard setback or the rear yard setbacks may be waived in order to maximize open space, provided that this is done with reasonable consistency throughout the tract.
(9) 
Minimum constraint-free circle (CFC): forty-foot diameter.
[Added 8-4-1999 by Ord. No. 1999-27]
B. 
Townhouse units.
(1) 
Not more than eight townhouse dwelling units shall be contained per structure.
(2) 
Table of Dimensional Requirements.
Number of Bedrooms
(feet)
Minimum Lot Area
(square feet)
Average Lot Area
(square feet)
Number of Off-Street Parking Spaces
Minimum Lot Width
(feet)
1
1,500
1,600
1.75
20
2
1,700
1,800
2.00
22
3
1,900
2,000
2.00
24
4
2,000
2,400
2.50
26
(3) 
Minimum lot depth with parking off lot: 80 feet; minimum lot depth with parking on lot; 100 feet.
(4) 
A garage unit shall account for only 1/2 of a required parking space.
(5) 
Minimum building setback.
(a) 
Front setback: 20 feet minimum.
(b) 
Building front to front: 45 feet minimum.
(c) 
Building back to back: 70 feet.
(d) 
From common parking area: 20 feet minimum.
(6) 
Each unit shall have an individual public sewer and water connection.
(7) 
There shall be a minimum of 30 feet between buildings.
(8) 
Maximum height: 35 feet.
(9) 
A minimum of a fifteen-foot-wide usable and unobstructed fire lane at the rear of all townhouse dwelling units with access to same shall be required by way of deed restrictions in a form approved by the approving authority.
(10) 
Impervious coverage: 70% maximum.
C. 
Multifamily dwellings.
(1) 
There shall not be more than 16 dwelling units per structure, nor shall the structure exceed 160 feet in width or length.
(2) 
Table of Dimensional Requirements.
Number of Bedrooms
(feet)
Minimum Lot Area
(square feet)
Average Lot Area
(square feet)
Number of Off-Street Parking Spaces
1
1,000
1,200
1.50
2
1,200
1,400
1.75
3
1,200
1,400
2.00
(3) 
Parking shall be accommodated by locating parking areas within 100 feet of dwelling structures.
(a) 
No more than 35% of the required parking for apartment dwelling units shall be allowed adjacent to the cartway.
(b) 
No more than 50% of the required parking for a mixed use of townhouse and townhouse flat dwellings shall be allowed adjacent to the cartway.
(c) 
All remaining required parking shall be provided in designated parking area.
(4) 
Minimum building setbacks:
(a) 
From rights-of-way of project perimeter roads: 50 feet.
(b) 
From project outbound property lines: 50 feet.
(c) 
From street right-of-way: 30 feet.
(d) 
From common parking: 20 feet.
(e) 
From pedestrian walks: 10 feet.
(5) 
Minimum building spacing: 30 feet.
(6) 
Maximum height: 35 feet.
(7) 
Maximum building length: 160 feet.
(8) 
A minimum of a fifteen-foot-wide usable and unobstructed fire lane at the rear of all multifamily dwelling units with access to the same shall be required by way of deed restriction, in a form approved by the approving authority.
[Amended 8-4-1999 by Ord. No. 1999-27]
A minimum of 35% of the tract shall be set aside for open space.
A. 
The facade and type of unit of the low- and moderate-income units shall in no way be distinguishable from the facades of the other units in the development.
B. 
The low- and moderate-income units shall be dispersed throughout the project to the greatest extent feasible.
[Added 8-5-1992 by Ord. No. 1992-28]
A. 
Schedule of completion for inclusionary housing. Developers of inclusionary housing shall be entitled to receive final approval of at least four market rate units for each low- and moderate-income unit, in accordance with the following schedule:
Minimum Percentage of Low- and Moderate- Income Units Completed
Percentage of Market Rate Units Completed
0
25
10
25, plus 1 unit
50
50
75
75
100
90
--
100
B. 
Affirmative marketing within inclusionary developments. Developers shall have primary responsibility for developing and implementing an affirmative marketing program that addresses the occupancy preference requirements set forth in N.J.A.C. 5:92-15.1 et seq. Developers and/or sponsors of low- and moderate-income housing are required to market, screen, offer occupancy and select income-eligible households in accordance with the foregoing regulations.
[Amended 9-9-1994 by Ord. No. 1994-17]
C. 
Affordability controls.
(1) 
Units offered for sale shall be priced in accordance with the price stratification provisions of this subsection.
(2) 
Units rented to moderate-income families shall have a maximum annual rent of 24% of the median income of the Southwest (Mercer, Burlington, Camden and Gloucester County) Region. Units rented to low-income families shall have a maximum annual rent of 15% of the median income of the Southwest Region.
(3) 
The income level, identity and family size of each household occupying a low- or moderate-income unit shall be submitted by the developer or owner prior to occupancy and shall be recertified annually by the owner of each unit.
(4) 
A certificate of occupancy shall be required for every low- and moderate-income housing unit, whether owner-occupied or rented. The certificate of occupancy shall not be issued by the Construction Code Official until he receives a written statement which confirms that the occupants of the unit meet the income requirements and affordability controls of this section. The developer is responsible for providing to Florence Township the identification of each affordable unit and the purchaser or tenant of such unit. A new certificate of occupancy will be required upon each resale or reletting.
(5) 
Units that are sold shall at all times remain the primary residence of the owner. The owner shall not rent any affordable housing unit to any party whether or not that party qualifies as a low- or moderate-income household without prior written approval from Florence Township, or if the unit is managed by the Florence Township Fair Housing Corporation, from the Corporation.
(6) 
All affordable units, whether for sale or rent, shall be deed restricted to occupancy by qualifying low- or moderate-income households for a period of not less than 20 years.
(7) 
If a designated low- or moderate-income unit is offered for resale, the maximum price shall not exceed the limits set forth in the price stratification provisions of this subsection.
(8) 
At least one-half ( 1/2) of the affordable units built shall be affordable to low-income households, and the remainder shall be affordable to moderate-income households.
D. 
Price stratification.
(1) 
The average price charged by a developer of affordable units shall be set, as best as practicable, at a level that is affordable to households at 57.5% of the median income of the Southwest Region.
(2) 
The price distribution of every 20 low- and moderate-income units produced shall be set, as best as practicable, according to the following range of affordability:
(a) 
Low-income units (total, 10).
Number of Low-Income Units
Percentage of Median Income
1
40% to 42.5%
3
42.6% to 47.5%
6
47.6% to 50%
(b) 
Moderate-income units (total, 10).
Number of Moderate-Income Units
Percentage of Median Income
1
50.1% to 57.5%
1
57.6% to 64.5%
1
64.6% to 68.5%
1
68.6% to 72.5%
2
72.6% to 77.5%
4
77.6% to 80%
(3) 
For initial occupancy, priority shall be given to households that fall within the median income categories delineated in Subsection D(2) above.