[Repealed and replaced 12-5-2023 by Ord. No. 23-3302. History includes Ord. No. 20-3224.]
[Added 12-5-2023 by Ord. No. 23-3302]
All zones or districts in which multifamily developments, as defined in Section 35-7.2, are permitted shall be subject to a mandatory set-aside of affordable dwelling units and shall provide affordable dwellings on-site in accordance with the requirements of this section.
A. 
Any multifamily development of five (5) or more dwelling units in a multifamily, residential development that is not a rental development, as described below in paragraph B, shall provide an affordable housing set-aside such that 20% of the dwelling units on site shall be affordable dwellings. As an example, if five (5) units are proposed on a site, at least one (1) affordable unit must be constructed on site.
B. 
Any multifamily development of five (5) or more dwelling units in a multifamily, residential development that is a rental development shall provide an affordable housing set-aside such that 15% of the dwelling units on site are affordable units.
C. 
At least 13% of the affordable dwellings shall be affordable to households earning 30% or less of the median income for the COAH Region.
D. 
Where the set-aside requirement of 20% in paragraph A, above, or 15% in paragraph B, above, results in a fractional unit, the total set-aside requirement shall be rounded upwards to the next whole number.
E. 
Developers shall have the opportunity to demonstrate that the set-aside percentages set forth in paragraphs a and b above render the proposed project to be economically infeasible and, upon the provision of satisfactory proofs, may seek relief such as, but not limited to, additional density, a monetary subsidy from the City's affordable housing trust fund, bulk/design waivers, a payment in lieu of taxes, or other forms of relief, provided that developers shall not be permitted to seek reductions in the set-aside required by this section.
[Added 12-5-2023 by Ord. No. 23-3302]
A. 
For all residential development, an applicant shall satisfy its affordable housing production obligation through on-site housing in connection with the residential project, which is one of the mechanisms permitted pursuant to COAH regulations.
B. 
The other alternative mechanisms permitted under COAH regulations include:
1. 
The purchase of an existing, market-rate unit at another location in the community and its conversion to an affordable, deed-restricted unit in accordance with COAH's criteria, regulations, and policies, and/or
2. 
Participation in reconstruction and/or buy-down/write-down, buy-down/rent-down programs. An applicant shall only be entitled to satisfy its affordable housing obligation via one or more of the alternative mechanisms set forth above if the applicant demonstrates to the Common Council that one or more of the alternatives better advances the goals and policies set forth in the City's Housing Element and Fair Share Plan. The Common Council shall have the complete discretion to determine whether the alternative(s) better advances the goals and policies set forth in the City's Housing Element and Fair Share Plan.
C. 
Full and complete satisfaction of compliance with the affordable housing requirements of the development shall be a specific, automatic, essential, and non-severable condition of all land use approvals. Pursuant to this condition, the applicant must demonstrate that it has satisfied the Zoning Board's affordable housing condition of approval prior to obtaining the first building permit and compliance with the affordable housing condition should be a continuing condition of all Board approvals for development.
D. 
The affordable unit(s) to be produced by this Article shall be available to a low-income individual or household should only one (1) affordable unit be required. Thereafter, each of the affordable units shall be divided evenly between low- and moderate-income households except in the event of the applicable formulas resulting in an odd number of affordable units; in which event the unit shall be a low-income residential unit. All affordable units shall strictly comply with COAH's regulations, policies and the Uniform Housing Affordability Controls (UHAC) rules including, but not limited to, pricing, phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing, and income qualification. It shall be the applicant's responsibility, at its sole cost and expense, to arrange for a qualified Administrative Agent to ensure full compliance and to file such certificates, reports and/or monitoring forms as may be required by the Court to verify compliance for each affordable unit.