Alpine City Zoning Code
§ 220-21
Mandatory affordable housing set-aside.
[Added 8-28-2024 by Ord. No. 836[1]]
A.
Purpose. This section is intended to ensure that all new multifamily residential developments of five dwelling units or more that become permissible through either a use variance, a density variance increasing the permissible density at the site, a rezoning permitting multifamily residential housing where not previously permitted, or a new or amended redevelopment/rehabilitation plan produces affordable housing at a set-aside rate of 20%. This section shall apply except where inconsistent with applicable law.
B.
Mandatory set-aside requirement.
(1)
Any multifamily residential development, including the residential portion of a mixed-use project, that is approved to contain five or more new dwelling units as a result of either a use variance, a density variance increasing the permissible density at the site, a rezoning permitting multifamily residential housing where not previously permitted, or a new or amended redevelopment/rehabilitation plan shall be required to set aside a minimum percentage of units for affordable housing.
(2)
The minimum affordable housing set-aside percentage for all developments shall be 20%. Where the set-aside percentage results in a fractional unit, the total set-aside requirement shall be rounded down to the next whole number if the fraction is less than 1/2 and shall be rounded up to the next whole number if the fraction is equal to or greater than 1/2.
(3)
Nothing in this section precludes the Borough or the reviewing Borough land use board from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this section consistent with N.J.S.A. 52:27D-311(h) and other applicable law.
(4)
This requirement does not create any entitlement for a use variance, a density variance increasing the permissible density at a site, a rezoning permitting multifamily residential housing where not previously permitted, a new or amended redevelopment/rehabilitation plan, or for approval of any particular proposed project.
(5)
This requirement does not apply to any sites or specific zones otherwise identified in the Borough's Housing Element and Fair Share Plan, for which density and set-aside standards shall be governed by the specific standards set forth therein.
(6)
Furthermore, the provisions of this section 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.
(7)
All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section.
[1]
Editor's Note: This ordinance also repealed former § 220-21, Affordable housing administration, added 9-27-2006 by Ord. No. 669. Ordinance No. 834, adopted 8-28-2024, also stated that it repealed former § 220-21.