Purpose. This section is intended to ensure that any site that benefits
from a rezoning, variance or redevelopment plan approved by the Borough
or the Borough Planning/Zoning Board that results in multifamily residential
development of five dwelling units or more produces affordable housing
at a set-aside rate of at least 15% for multifamily rental projects
and at least 20% for all other multifamily projects. This section
shall apply except where inconsistent with applicable law. This section
shall not apply to existing affordable housing inclusionary zones,
which predate the effective date of this section.
If the Borough or the Borough Planning Board/Zoning 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 Borough's Planning Board/Zoning
Board shall require that an appropriate percentage of the residential
units be set aside for low- and moderate-income households. This requirement
shall apply beginning with the effective date the ordinance creating
this section was adopted 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 Borough's
Planning Board or Zoning Board. For any such development for which
the Borough's land use ordinances already permitted residential
development as of the effective date of the ordinance creating this
section was adopted, this requirement shall only apply if the Borough
or the Borough's Planning Board or Zoning Board 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 the ordinance creating this section was adopted.
Nothing in this subsection precludes the Borough or the Borough's
Planning Board or Zoning Board from imposing an affordable housing
set-aside in a development not required to have a set-aside pursuant
to this subsection consistent with N.J.S.A. 52:27D-311(h) and other
applicable law. For all inclusionary projects, the appropriate set-aside
percentage will be at least 15% for multifamily rental projects and
at least 20% for all other multifamily projects. This requirement
does not create any entitlement for a property owner or applicant
for a zoning amendment or variance, or for approval of any particular
proposed project. This requirement does not apply to any sites or
specific zones otherwise identified in the Borough's Settlement
Agreement with FSHC, which was executed on December 22, 2017, or in
the Borough's Adopted Housing Element and Fair Share Plan dated
December 18, 2018, for which density and set-aside standards shall
be governed by the specific standards set forth therein.
Editor's Note: N.J.A.C. 5:93-1.1 et seq., entitled "Substantive
Rules of the New Jersey Council on Affordable Housing for the Period
Beginning on June 6, 1994," which included the regulations cited in
this subsection, expired 10-16-2016.
Furthermore, this section shall not apply to developments containing
four or less dwelling units. All subdivision and site plan approvals
of qualifying residential developments shall be conditioned upon compliance
with the provisions of this section. 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 number
of net new dwelling units is five or more.
All affordable units produced as a result of this section shall
comply with the Borough's Affordable Housing Ordinance, COAH
and UHAC regulations and applicable laws, including, but not limited
to, bedroom and income distributions and income distribution requirements
within each bedroom category. This obligation also includes compliance
with the Fair Housing Act's ("FHA") very-low-income requirements,
including the requirement for at least 13% very-low-income units as
defined by the FHA (households earning no more than 30% of the region's
median income).
Redevelopment projects. The Borough may, if it determines appropriate, require affordable housing in redevelopment projects that deviates from the requirements of Subsections A and B. Such requirement shall be included in applicable redevelopment agreements, provided that such requirements must comply with the Borough's Settlement Agreement with FSHC, which was executed on December 22, 2017, and the Borough's Adopted Housing Element and Fair Share Plan dated December 18, 2018.