[Added 12-18-2018 by Ord.
No. 18-42]
A.Â
Purpose. This article is intended to ensure that any site that benefits
from a subdivision or site plan approval, rezoning, use variance,
redevelopment plan or rehabilitation plan approved by the Borough
or a Borough land use board (except for the Borough's R-1 Zone district)
that results in multifamily residential development of five dwelling
units or more produces affordable housing at a set-aside rate of 20%
for affordable for-sale units and at a set-aside rate of 15% for affordable
rental units. This article shall apply except where inconsistent with
applicable law.
B.Â
Mandatory set-aside requirement.
(1)Â
Any multifamily or single-family attached residential development,
including the residential portion of a mixed-use project, that is
approved to contain five or more new dwelling units as a result of
a subdivision or site plan approval, rezoning, use variance, redevelopment
plan or rehabilitation plan approved by the Borough or a Borough land
use board (except for the Borough's R-1 Single-Family Residential
Zone district) shall be required to set aside a minimum percentage
of units for affordable housing.
(2)Â
For inclusionary projects in which the low and moderate units
are to be offered for sale, the minimum set-aside percentage shall
be 20%; for projects in which the low- and moderate-income units are
to be offered for rent, the minimum set-aside percentage shall be
15%. Where the set-aside percentage results in a fractional unit,
the total set-aside requirement shall be rounded upwards to the next
whole number. The first affordable rental unit to be created shall
be a qualified affordable family unit as defined in N.J.A.C. 5:97-1.4
as amended or supplemented.[1] This requirement shall be satisfied if an affordable rental unit is first created in the RW-RM or LB-RM District pursuant to §§ 195-121.1 or 195-122.1.
[Amended 3-5-2019 by Ord.
No. 19-2]
[1]
Editor's Note: The provisions of N.J.A.C. 5:97-1.1 et seq.
expired 6-2-2015.
(3)Â
Nothing in this article precludes the Borough or a Borough land
use board from imposing an affordable housing set-aside in a development
not required to have a set-aside pursuant to this article consistent
with N.J.S.A. 52:27D-311h and other applicable law.
(4)Â
This requirement does not create any entitlement for a property
owner or applicant for subdivision or site plan approval, a zoning
amendment, use variance, or adoption of a redevelopment plan or rehabilitation
plan in areas in need of redevelopment or rehabilitation, or for approval
of any particular proposed project.
(5)Â
This requirement does not apply to any sites or specific zones
for which higher set-aside standards have been or will be established,
either by zoning, subdivision or site plan approval, or an adopted
redevelopment plan or rehabilitation plan.
(6)Â
Furthermore, this requirement shall not apply to developments
containing four or fewer new dwelling units.
(7)Â
If the Borough's settlement agreement with Fair Share Housing
Center ("FSHC") dated April 24, 2018, or the Borough's 2018 Housing
Element and Fair Share Plan establishes set-aside standards for any
specific sites or zones which are different from the set-aside standards
set forth in this article, the set-asides established for those sites
or zones in the settlement agreement or Housing Element and Fair Share
Plan shall govern.
(8)Â
Where a developer demolishes existing dwelling units and builds
new dwelling units on the same site, the provisions of this section
shall apply only if the net number of dwelling units is five or more.
(9)Â
All subdivision and site plan approvals of qualifying residential
developments shall be conditioned upon compliance with the provisions
of this section.
