[Adopted 5-9-2005 by Ord. No. 05-12]
Any residential development in any
zoning district of the Township which proposes the development of
more than three units of net density shall set aside 20% of the developed
units for affordable housing as said term is defined under the Fair
Housing Act and COAH Rules. For the purposes of this article, the
term "net density" shall be determined by dividing the number of dwelling
units by the gross area of land reduced by environmentally sensitive
areas as defined by Township ordinance.
Editor's Note: See N.J.S.A. 52:27D-301
et seq.
The affordable units described in
this article shall be available to a low-income qualifier should there
be only one such unit available. If there is more than one unit available,
the disposition of units between low- and moderate-income qualifiers
shall be equal so long as there are low-income applicants. An odd
availability shall be resolved in favor of low-income qualifiers,
if there are low-income applicants.
The Township Clerk is hereby directed
to give notice at least 10 days prior to the adoption of this article
to the County Planning Board and to all other persons entitled thereto
pursuant to N.J.S.A. 40:55D-15 and N.J.S.A. 40:55D-63 (if required).
Upon the adoption of this article after public hearing thereon, the
Township Clerk is further directed to publish notice of the passage
thereof and to file a copy of the ordinance as finally adopted with
the Sussex County Planning Board as required by N.J.S.A. 40:55D-16.
The Clerk shall also forthwith transmit a copy of this article after
final passage to the Township Tax Assessor as required by N.J.S.A.
40:49-2.1.
