[Added 5-20-2019 by Ord.
No. 1150-19]
A.
Purpose. This article is intended to ensure that any site that benefits
from a rezoning, variance or redevelopment plan approved by the Borough
or the Planning 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.
B.
Applicability. This article shall apply except where inconsistent
with applicable law.
A.
If the Borough or the Borough Planning 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,
the Borough or the Borough's Land Use Board shall require that an
appropriate percentage of the residential units be set aside for low-
and moderate-income households.
B.
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 at a density
of six dwelling units or more per acre, whether permitted by a zoning
amendment, a use variance granted by the Borough's Planning Board
acting as a Board of Adjustment, or adoption of a redevelopment plan
or amended redevelopment plan in areas in need of redevelopment or
rehabilitation.
C.
For any such development for which the Borough's land use ordinances
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.
Nothing in this section precludes the Borough or the Borough's Planning
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-311(h) and other applicable law.
E.
For inclusionary projects in which the low and moderate 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.
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.
This requirement does not apply to any sites or specific zones otherwise
identified in the Borough's settlement agreement with the Fair Share
Housing Center ("FSHC") dated August 25, 2017, or in the Borough's
2018 Housing Element and Fair Share Plan, for which density and set-aside
standards shall be governed by the specific standards set forth therein.
H.
Furthermore, this requirement shall not apply to developments containing
four or less dwelling units.
I.
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.
All subdivision and site plan approvals of qualifying residential
developments shall be conditioned upon compliance with the provisions
of this section.
K.
All affordable units to be produced pursuant to this section and
the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1
et seq.), as may be amended from time to time.
