§ 504-3. Mandatory requirement for affordable housing in multifamily residential developments., Chapter 504. Affordable Housing, Land Use and Development, Code of Ordinances, South Plainfield

If the Borough 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, at a gross residential density of six or more units per acre, the Borough shall require that an appropriate percentage of the residential units be set aside for very-low-, low- and moderate-income households. For inclusionary projects in which the low and moderate units are to be offered for sale, the appropriate set-aside percentage is 20%; for projects in which the low- and moderate-income units are to be offered for rent, the appropriate set-aside percentage is 15%.

(1)

This requirement shall apply 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's Land Use Board, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation.

(2)

In any such development for which the Borough's land use ordinances or an adopted redevelopment plan already permitted residential development as of February 6, 2017, this requirement shall only apply if the Borough 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 agreement.

Editor's Note: N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.

When calculating the set-aside requirement for a particular site, if the imposition of the required set-aside requirement results in a fractional unit, the requirement shall be rounded up to the next whole number. For example, in the case of a fifteen-unit multifamily rental development, a total of three affordable units would be required (n.b., 15 units x 15% set-aside requirement = 2.25 affordable units required, which is rounded up to 3 affordable units required).

Nothing in this section precludes the Borough from imposing an affordable housing set-aside requirement on a development that is not required to have an affordable housing set-aside pursuant to this section, when such imposition is consistent with N.J.S.A. 52:27D-311(h) and other applicable law.

This affordable housing set-aside requirement shall not create any entitlement to a special dispensation or approval for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan.

This affordable housing set-aside requirement shall not apply to any sites or specific zones identified in the Borough's Housing Element and Fair Share Plan or the settlement agreement between the Borough and Fair Share Housing Center, Inc., which was signed and dated February 6, 2017. For such sites, density and set-aside standards shall be governed by the specific standards set forth therein.

This affordable housing set-aside requirement shall not apply to developments containing four or fewer 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 new dwelling units is five or more units.