In any zone within the Township where affordable housing is
a permitted use:
A. Any development of five or more new residential dwelling units shall
provide at least 15% of the units in rental developments as affordable
units and 20% of all units in for-sale developments as affordable
units with at least 50% being affordable low-income households, including
13% in rental developments being affordable to very-low-income households
with all such affordable units, including the required bedroom distribution,
be governed by controls on affordability and affirmatively marketed
in conformance with the Uniform Housing Affordability Controls ("UHAC")
N.J.A.C. 5:80-26.1 et seq. or any successor regulation, and all other
applicable law.
B. In the event the number of units is not a multiple of five, and the
number does not round up, the developer shall pay the affordable housing
development fee for the increment of the market units that are not
subject to the set aside. For example, if a residential development
is approved for 12 units, two of the 12 units to be constructed must
be affordable and the remaining 10 may be market rate. The developer
must also pay the affordable housing development fee on two market
units. If the development is instead approved for 13 units, the required
set aside will be rounded up and three of the 13 units shall be affordable.
The developer in "rounded-up" developments will not be responsible
to pay any affordable housing development fee.
C. Pursuant to N.J.A.C. 5:97-6.4, residential developments of four or
fewer residential dwelling units shall not be required to make a payment
in lieu or provide for an affordable housing set-aside.
D. In accordance with §
400-62 below, the Township may approve the construction of affordable units required by the development identified above on an off-site location or through an alternative mechanism to produce affordable units within the Township, provided the mechanism is authorized by COAH regulations. The developer shall present its planned method of affordable housing compliance to the Township or its designee at the time of filing an application for development approval. Municipal approval of the off-site construction of affordable units or the use of an alternative mechanism shall be conditioned on Township Committee endorsement of the proposed method of affordable housing compliance.
E. A developer of a tract of land zoned for multifamily purposes may
not subdivide the tract into two or more lots for the purpose of avoiding
the affordable housing set-aside required by this article.
F. All the provisions of this article are subject to the provisions
of the settlement agreement which is incorporated herein as if set
forth in length, the applicable provisions of UHAC, COAH rules, the
Fair Housing Act N.J.S.A. 52:27D-301 et seq. and the Township's Housing
Element and Fair Share Plan or any successor regulation, and all other
applicable law.
In any zone within the Township where affordable housing is not a permitted use, developers shall pay the development fee in accordance with Chapter
110, Affordable Housing, Article
I, Development Fee.