Any site that results in multifamily residential development
of five dwelling units or more, including those developments that
become permissible through either a use variance, density variance
increasing the permissible density at the site, a rezoning permitted
multifamily residential housing where not previously permitted or
a new redevelopment plan. The required affordable housing set-aside
for all applicable development shall be 20% in accordance with the
Borough's Third Round Housing Element and Fair Share Plan, consistent
with the terms of the settlement agreement reached with the Fair Share
Housing Center regarding compliance with the Borough's affordable
housing obligations. The provisions of this article shall not apply
to residential expansions, additions, renovations, replacement, or
any other type of residential development that does not result in
a net increase in the number of dwellings of five or more.
A.
If the Borough or Borough Planning 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,
the Borough or Borough Planning Board shall require that an appropriate
percentage of the residential units be set aside for low- and moderate-income
households.
B.
This requirement shall apply beginning with the effective date the
ordinance creating this article 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 Planning Board, or adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation.
C.
Nothing in this section precludes the Borough or Borough Planning
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.
D.
For all inclusionary projects, the appropriate set-aside percentage
will be 20% for all for-sale or for-rent projects.
E.
This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation, or for approval of any particular proposed project.
F.
This requirement does not apply to any sites or specific zones otherwise
identified in the Borough's settlement agreement with the Fair
Share Housing Center, which was executed by the Borough on January
23, 2020, or in the Borough's 2020 Housing Element and Fair Share
Plan, for which density and set-aside standards shall be governed
by the specific standards set forth therein.
G.
Furthermore, this section shall not apply to developments containing
four or less dwelling units.
H.
All subdivision and site plan approvals of qualifying residential
developments shall be conditioned upon compliance with the provisions
of this section.
I.
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 net number of dwelling units is five or more.
