[Ord. #08-1430, § 1; repealed by Ord. #2017-1670
§ 3; Ord. #2018-1690]
[Ord. #08-1430, § 1; Ord. #2017-1670 § 5;
Ord. #2018-1690]
a. Pursuant to directives of the Superior Court in the third round affordable
housing proceedings encaptioned In the Matter of the Township of Hopewell,
Docket No. MER-L-1557-15 (Mount Laurel), if the Township or its land
use Boards permit, either through future rezonings or the grant of
variances, multi-family or single family attached development that
is "approvable" and "developable" as defined in N.J.A.C. 5:93-1, et
seq. at a gross density of six units to the acre or more, the Township
and/or its land use Boards shall require that an appropriate percentage
of the residential units shall be set-aside for low and moderate income
households in accordance with N.J.A.C. 5:93-1, et seq. This requirement
shall apply to any multi-family or single-family attached residential
development, including the residential portion of a mixed- use project
which consists of six or more new residential units, whether permitted
by a zoning amendment, a variance granted by the Township's land use
Boards, or adoption of a Redevelopment Plan or amended Redevelopment
Plan in areas in need of redevelopment or rehabilitation. Nothing
herein precludes the Township from imposing an affordable housing
set-aside in a development not required to have a setaside pursuant
to the provisions hereof consistent with N.J.S.A. 52:27D-311(h) and
other applicable law. Consistent with N.J.A.C. 5:93-1, et seq., for
inclusionary projects in which low and moderate income units are to
be offered for "sale", the appropriate set-aside percentage is 20%;
for inclusionary projects for which the low and moderate income units
are to be offered for "rent", the appropriate set-aside percentage
is 15%. 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. This requirement does not apply to any sites or
specific zones otherwise identified in judicially approved Settlement
Agreements under Docket No. MER-L-1557-15 (Mount Laurel) or the Township's
judicially approved third round Housing Element and Fair Share Plan
(collectively "Compliance Plan"), for which density and set-aside
standards shall be governed by the specific standards set forth therein.
A property shall not be permitted to be subdivided so as to avoid
meeting the above affordable housing requirement.
[Ord. No. 08-1430; repealed
by Ord. #2017-1670 § 6; Ord. #2018-1690]