[Added 4-1-2019 by Ord.
No. 893-2019]
This article is intended to ensure that any site that benefits
from a rezoning, variance or redevelopment plan approved by the Borough
or a Borough land use board 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.
A.Â
If the Borough or a Borough land use board permits the construction
of multifamily or single-family attached residential development that
is "approvable" and "developable," as defined at N.J.A.C. 5:93-1.3,[1] the Borough or the reviewing Borough land use board shall
require that an appropriate percentage of the residential units be
set aside for low- and moderate-income households.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on October 16, 2016.
See: 43 N.J.R. 1203(a).
B.Â
This requirement shall apply beginning with the effective date of
this article to any multifamily or single-family attached residential
development, including the residential portion of a mixed-use project,
which consists of five or more new residential units, whether permitted
by a zoning amendment, a variance granted by the reviewing Borough
land use board, or adoption of a redevelopment plan or amended redevelopment
plan in areas in need of redevelopment or rehabilitation.
C.Â
For any such development for which the Borough's land use ordinances
(e.g., zoning or an adopted redevelopment plan) already permitted
residential development as of the effective date of this article,
this requirement shall only apply if the Borough permits an increase
in approvable and developable gross residential density to at least
twice the permitted approvable and developable gross residential density
as of the effective date of this article.
D.Â
Nothing in this section precludes the Borough or the reviewing Borough
land use board from imposing an affordable housing set-aside in a
development not required to have a set-aside pursuant to this section
consistent with N.J.S.A. 52:27D-311h and other applicable law.
E.Â
For inclusionary projects in which the low- and moderate-income units
are to be offered for sale, the appropriate set-aside percentage is
20%; for projects in which the low- and moderate-income units are
to be offered for rent, the appropriate set-aside percentage is 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.
F.Â
This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation, or for approval of any particular proposed project.
G.Â
This requirement does not apply to any sites or specific zones otherwise
identified in the Borough's 2019 Housing Element and Fair Share Plan,
for which density and set-aside standards shall be governed by the
specific standards set forth therein.
H.Â
Furthermore, this requirement shall not apply to developments containing
four or fewer dwelling units.
I.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.
J.Â
All subdivision and site plan approvals of qualifying residential
developments shall be conditioned upon compliance with the provisions
of this section.