The purpose of this article XII is to complement Article XI by establishing procedures for approving PUD-Mt. Laurel Option developments in order to provide for low- and moderate-income housing in accordance with regulations of the New Jersey Council on Affordable Housing. The regulations and controls contained in this article shall be interpreted to assure the construction of lower-income housing which meets the standards and guidelines set forth in the Fair Housing Act and regulations of the New Jersey Council on Affordable Housing. The Township and Planning Board have entered into a settlement agreement in lawsuits concerning the provision of afford able housing in areas of the Township where the PUD-Mt. Laurel Option is permitted, which agreement may include commitments by a developer for conditions and limitations upon development beyond the regulations established by this article. Property in the vicinity of Somerville Road and Liberty Corner Road, owned by The Hills Development Company, as of the date of enactment of this article, is the subject of such a settlement agreement dated January 27, 1987, as amended December 11, 1990, and as further amended by Second Amendment and Restatement of Settlement Agreement dated October 5, 1992 (the "Settlement Agreement"). Said property owned by the Hills Development Company ("The Hills") is also subject to a Supplemental Agreement between the Township, the Planning Board, the Sewerage Authority and The Hills dated _______, 1994 (now pending before the Township Committee) which amends the terms of the Settlement Agreement whereby The Hills has agreed to pay the Township a developer's fee to fund the Township's Regional Contribution Agreement with the Town of Phillipsburg and to provide other affordable housing opportunities in consideration for which The Hills will be relieved of constructing its affordable housing units in the Township and instead will be allowed to construct 205 market value units. Said Supplemental Agreement ("Supplemental Agreement") may include commitments and limitations by a developer beyond the regulations established by this article.
[Ord. #1004, § 7; Ord. #1135, § 1; Ord. #1153, § 1; Ord. #1153A, § 1]