A mandatory affordable housing set-aside requirement shall apply
beginning with the effective date of this article to any residential
development, including the residential portion of a mixed-use project,
which consists of five or more new residential units at six units
per acre or higher, or equivalent, which results, in whole or in part,
from: (i) a municipal rezoning or zoning amendment; (ii) any variance
pursuant to N.J.S.A. 40:55D-70(d), including but not limited to any
use variance or a density variance increasing the permissible density;
and (iii) the adoption of a new or amended redevelopment plan or rehabilitation
plan. The set-aside shall be 20% where the affordable units are provided
for for-sale and 15% where the affordable units are provided for rental.
Development under an adopted redevelopment plan in effect as
of the effective date of this article is exempt, unless said plan
is amended subsequently to increase the density.
A developer subject to the mandatory affordable housing set-aside
may request, and the appropriate approving authority may, at its discretion,
grant additional incentives for affordable housing, including but
not limited to a density bonus, a reduction in the off-street parking
spaces otherwise required, and/or a reduction in the minimum setback
requirements.
The following terms shall apply to any residential development
subject to the mandatory affordable housing set-aside:
A. All subdivision and site plan approvals of qualifying developments
shall be conditioned upon compliance with the provisions of the mandatory
affordable housing set-aside.
B. No subdivision shall be permitted or approved for the purpose of
avoiding compliance with the mandatory affordable housing set-aside.
A developer may not, for example, subdivide a project into two lots
and then plan each of them to produce a number of units below the
threshold. The approving authority may impose any reasonable conditions
to ensure such compliance.
C. In the event the number of affordable housing units to be provided
includes a fraction, the number shall be rounded up if the fractional
amount is 0.5 or greater and rounded down if the fractional amount
is less than 0.5. The developer shall provide a payment in lieu of
constructing affordable units for the fraction of a unit less than
0.5. The payment in lieu shall be based on the amounts established
in N.J.A.C. 5:97-6.4(c).
D. All affordable units created shall fully comply with the Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1, et seq. ("UHAC"),
including but not limited to the required bedroom and income distribution,
with the sole exception that 13% of the affordable units shall be
required to be restricted for very-low-income households earning 30%
or less of the median income pursuant to the Fair Housing Act, N.J.S.A.
52:27D-301, et seq. ("FHA").
E. At least 50% of the affordable units within each bedroom distribution
shall be affordable to low-income households, inclusive of the at
least 13% of units affordable to very-low-income households.
F. The very-low-income affordable units shall be proportionately distributed
within each bedroom distribution. In a family non-age-restricted development,
at no time shall the number of one-bedroom very-low-income units exceed
the number of three-bedroom very-low-income units.
G. Affordable units shall be integrated with the market-rate units,
and the affordable units shall not be concentrated in separate building(s)
or in separate area(s) from the market-rate units. In buildings with
multiple dwelling units, this shall mean that the affordable units
shall be generally distributed within each building with market-rate
units. The affordable units shall also be of the same type as the
market-rate units (e.g., if the market-rate units are non-age-restricted
family units, the affordable units shall be non-age-restricted family
units as well). The residents of the affordable units shall have full
and equal access to all of the amenities, common areas, and recreation
areas and facilities as the residents of the market-rate units.
H. Affordable units shall be subject to affordability controls of at
least 30 years from the date of initial occupancy and affordable deed
restrictions as otherwise provided for by UHAC, with the sole exception
that very-low income shall be defined as at or below 30% of median
income pursuant to the Fair Housing Act, and the affordability controls
shall remain unless and until the municipality, in its sole discretion,
takes action to extend or release the unit from such controls after
at least 30 years.
I. Construction of the affordable and market units shall be phased in
compliance with N.J.A.C. 5:93-5.6(d).
J. Affordable units shall be affirmatively marketed in accordance with
UHAC and applicable law. The affirmative marketing shall include posting
of all affordable units on the New Jersey Housing Resource Center
website in accordance with applicable law.
K. The mandatory affordable housing set-aside shall not give any developer
the right to any rezoning, variance, redevelopment designation or
redevelopment or rehabilitation plan approval, or any other such relief,
or establish any obligation on the part of the municipality to grant
such rezoning, variance, redevelopment designation, redevelopment
or rehabilitation plan approval, or other such or further relief.
L. No developer may make a payment in lieu of constructing affordable units on site, except for fractional units, as noted in Subsection
C, above.
[Amended 4-10-2023 by Ord. No. 2023-1]
M. Nothing in this article precludes the municipality from imposing
an affordable housing set-aside in a development not required to have
a set-aside pursuant to this article.
N. This article shall not impose an obligation on non-residential development,
including the nonresidential portion of a mixed-use development, subject
to the State Non-Residential Development Fee Act, N.J.S.A. 40:45(D)-8.1,
et seq. Nevertheless, all residential development, including the residential
portion of a mixed-use development, must comply with the affordable
housing set-aside.
O. This article does not apply to any specific sites or specific zones
that were rezoned as part of the Township's approved Housing
Element and Fair Share Plan, for which density and affordable housing
set-aside requirements shall be governed by the specific standards
approved.