This section of the Code sets forth regulations regarding the creation, use, occupancy, administration and preservation of very-low-, low-and moderate-income affordable housing units in Avalon Borough consistent with the Mount Laurel doctrine; the New Jersey Fair Housing Act, as amended by P.L. 2024, c.2, N.J.S.A. 52:27D-301 et seq., (hereinafter the "Act," "FHA" or "FHA-2"); the regulations promulgated pursuant thereto by the New Jersey Department of Community Affairs, Division of Local Planning Services ("LPS") at N.J.A.C. 5:99 et seq., ("Affordable Housing Rules"), and the Housing and Mortgage Finance Agency's (HMFA) Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq.; and the; and the municipality's Fourth Round Housing Element and Fair Share Plan ("HEFSP").

This section is intended to ensure that very-low-, low-and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low-, low-and moderate-income households shall occupy these units in accordance with applicable statutory and regulatory requirements. This provisions of this Code shall apply to all inclusionary developments, individual affordable units, and 100% affordable housing developments except where inconsistent with applicable law. Low-income housing tax credit-financed developments shall adhere to the provisions set forth below in paragraph e(3) below.

The Avalon Borough Planning Board has adopted a HEFSP pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan describes the ways the municipality shall address its fair share of very-low-, low-and moderate-income housing as approved by the Superior Court and documented in the Housing Element.

This section implements and incorporates the relevant provisions of the HEFSP and addresses the requirements of the Mt. Laurel doctrine, the FHA N.J.A.C. 5:99, NJ Supreme Court upheld COAH regulations at N.J.A.C. 5:93 and 5:97, and UHAC at N.J.A.C. 5:80-26.1 et seq., as may be amended and supplemented.