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If the Township or a Township Land Use Board permits the construction of multi-family
or single-family attached residential development that is "approvable" and "developable,"
as defined at N.J.A.C. 5:93-1.3, the Township or the Township's Land Use Board shall
require that an appropriate percentage of the residential units be set aside for low
and moderate income households. This requirement shall apply beginning with the effective
date of this Ordinance to any multi-family or single-family attached residential development,
including the residential portion of a mixed-use project, which consists of five (5)
or more new residential units, whether permitted by a zoning amendment, a variance
granted by the Township's Land Use Board, or adoption of a Redevelopment Plan or amended
Redevelopment Plan in areas in need of redevelopment or rehabilitation. For any such
development for which the Township's land use ordinances (e.g. zoning or an adopted
Redevelopment Plan) already permitted residential development as of the effective
date of this Ordinance, this requirement shall only apply if the Township permits
an increase in approvable and developable gross residential density to at least twice
the permitted approvable and developable gross residential density as of the effective
date of this Ordinance. Nothing in this paragraph precludes the Township or the Township's
Land Use Board from imposing an affordable housing set-aside in a development not
required to have a set-aside pursuant to this paragraph consistent with N.J.S.A. 52:27D-311(h)
and other applicable law. For inclusionary projects in which the low and moderate
units are to be offered for sale, the appropriate set-aside percentage is 20 percent;
for projects in which the low and moderate income units are to be offered for rent,
the appropriate set-aside percentage is 15 percent. 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.
This requirement does not apply to any sites or specific zones otherwise identified
in the Township's Settlement Agreement with FSHC dated September 13, 2016, or in the
Township's Housing Element and Fair Share Plan, adopted by the Township Planning Board
and endorsed by the Township Council on March 15, 2017, for which density and set-aside
standards shall be governed by the specific standards set forth therein.
Furthermore, this section shall not apply to developments containing four (4) or less
dwelling units. All subdivision and site plan approvals of qualifying residential
developments shall be conditioned upon compliance with the provisions of this section.
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 (5) or more.
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