Any property in the City that is currently zoned for nonresidential
uses and subsequently receives a zoning change or use variance or
approval of a redevelopment plan to permit multifamily residential
development, or that is currently zoned for residential uses and receives
a zoning change or density variance or approval of a redevelopment
plan to permit multifamily residential development, which multifamily
residential development will be constructed at a density of six or
more units per acre and yielding five or more new dwelling units,
shall provide an affordable housing set-aside of 15% if the affordable
units will be for rent and 20% if the affordable units will be for
sale; unless otherwise provided in the Somers Point settlement agreements.
This provision does not affect residential development on sites that
are zoned for inclusionary residential development as part of the
City's Housing Element and Fair Share Plan, which are subject
to the affordable housing set-aside requirements set forth in the
applicable zoning. This requirement does not give any developer the
right to any such rezoning, variance or other relief, or establish
any obligation on the part of the City of Somers Point to grant such
rezoning, variance or other relief. A property shall not be permitted
to be subdivided so as to avoid compliance with this requirement.
All affordable units created pursuant to this section shall be governed
by the provisions of this article.