§25-10.20 Regulations Controlling Affordable Housing Overlay District.

a. Purpose. The purpose of the Affordable Housing Overlay District is to provide an opportunity to develop affordable housing to meet present and prospective housing needs, with particular attention to low and moderate income housing, in conformance with the requirements of the New Jersey Council on Affordable Housing ("COAH").

b. Applicability. The Affordable Housing Overlay District shall be applied to Block 75.01, Lots 81, 83 - 85; Block 75.03, Lots 50.01, 65 and 69 and the portion of Lot 75.01, lot 82.01 that lies north of a line drawn between the northwest corner of Block 75.01, Lot 86 to the southeast corner of Block 75.01, Lot 81. This District shall further require a minimum tract size of 1.95 acres for development. The Official Zoning Map of the Borough of Red Bank is hereby amended in accordance with the foregoing and is incorporated by reference.

c. Principal Permitted Uses. Townhouse or multi-family dwellings. Such units may be owner-occupied, or age restricted or rental units. At least twenty-five percent of all dwelling units (25%) shall be rental units and at least twenty-five (25%) percent of all dwelling units shall be owner occupied. All uses in this zone shall be in accordance with, and subject to, COAH regulations and/or approvals.

d. Accessory Uses. The following shall be permitted:

1. Off street parking facilities.

2. Fences in accordance with the standards of 25-8.14, except that noise barriers shall be exempt from the height restrictions contained in 25-8.14.

3. Active recreation shall be required, but shall not be subject to the requirements of §25-8.19(1).

e. Bulk, Area and Building Requirements. The following requirements shall apply:

1. Maximum Lot Coverage (Buildings) 65%

2. Maximum Building Height 50 Ft. (3 Stories)

3. Minimum Unoccupied Open Space 10%

4. Minimum Gross Habitable Floor Area:

(a) Efficiency Units: 750 Sq. Ft. per Unit

(b) 1 Bedroom Units 900 Sq. Ft. per Unit

(c) 2 Bedroom Units 1,100 Sq. Ft. per Unit

(d) 3 Bedroom Units 1,250 Sq. Ft. per Unit

5. Setback from Public Streets 20 Ft.

6. Setback from Other Property Lines 7.5 Ft.

7. Minimum Distance Between Principal Buildings 15 Ft.

8. Maximum Building Length 175 Ft.

9. Minimum Distance Between Principal Buildings and Internal Drives 5 Ft.

10. Minimum Distance Between Principal Buildings and Parking Areas 10 Ft.

f. Bedrooms Per Unit. The number of bedrooms per unit shall be in accordance with COAH regulations or resolutions of approval.

g. Density Requirements. The maximum permitted density shall be sixteen (16) units per acre.

h. Parking Standards. Multi-family dwellings shall provide two parking stalls per dwelling unit. Under the Residential Site Improvement Standards, §5:21-4.14(c), alternative parking standards shall be accepted if the applicant demonstrates that other standards better reflect local conditions.

i. Income Restrictions. Consistent with N.J.A.C. 5:80-26.3(a), at least half of the units (50%) shall be available to low income households; the balance may be affordable to either low or moderate income households.

j. Marketing. All dwelling units shall be affirmatively marketed in accordance with the Council on Affordable Housing regulations. All rental units shall be rented in accordance with the Council on Affordable Housing regulations.

k. Accessibility. In accordance with N.J.A.C. 5:94-4.21, as of October 1, 2006, the Fair Housing Act requires that the first floor of all multi-floor dwellings must be adaptable for use by physically disabled person in order to be eligible for COAH credit.

**Webmasters Note: The previous section (25-10.20) has been added as per Ordinance No. 2006- 53.



ORDINANCE NO. 2007-35

ORDINANCE OF THE BOROUGH OF RED BANK, MONMOUTH COUNTY, NEW JERSEY AMENDING AND SUPPLEMENTING THE PLANNING AND DEVELOPMENT REGULATIONS

WHEREAS, certain properties on the western side of Hudson Avenue, between Harding Road and East Bergen Place, are currently zoned CCD-1, Central Commercial District-1, and it is appropriate that these properties be removed from the CCD-1 Zone and be rezoned RA, Residential "A" District.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Borough of Red Bank that Chapter XXV of the Revised General Ordinances of the Borough of Red Bank, Monmouth County "Planning and Development Regulations" be and it is hereby amended and supplemented as follows:

SECTION ONE:

a. The official Zoning Map of the Borough of Red Bank, as set forth in Section 25-10.1, is hereby amended to remove Block 105, Lots 29.02, 30 and 31, in their entirety from the Central Commercial District-1 (CCD-1) Zone District and to include those same lots in the Residential "A" (RA) Zone District.

b. The Mayor, the Borough Engineer and the Borough Clerk are hereby authorized to make all necessary changes the Official Zoning Map of the Borough of Red Bank in accordance with the procedure set forth in Red Bank Code Section 25-10.1.

SECTION TWO: All other terms of the official Zoning Map and of Section 25-10.1 remain in full force and effect.

SECTION THREE: Any ordinances or portions thereof which are inconsistent with the provisions of this Ordinance are hereby repealed as of the effective date of this Ordinance.

SECTION FOUR: If any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect, and to this end, the provisions of this Ordinance are declared to be severable.

SECTION FIVE: This Ordinance shall take effect immediately upon its passage and adoption according to law.