This section of the Township ordinances sets forth regulations regarding the low and moderate income housing units in the Township consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing" ("COAH"), N.J.A.C. 5:93 et seq., the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., and the Township's constitutional obligation to provide a fair share of affordable housing for low and moderate income households. In addition, this section applies requirements for very-low income housing as established in P.L. 2008, c. 46, at N.J.S.A. 52:27D-329.1.

This section is intended to assure 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. This section shall apply except where inconsistent with applicable law.

The Township Planning Board has previously adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The Plan has also been endorsed by the Township Council. The Fair Share Plan describes the ways the Township shall address its fair share for low- and moderate-income housing as determined by COAH or the Superior Court and documented in the Housing Element.

This section implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93, as may be amended and supplemented, UHAC and the NJ Fair Housing Act ("FHA"), N.J.S.A. 52:27D-301, et seq.

Pursuant to the requirements of the FHA, the Township shall file annual monitoring reports and status reports with COAH or the Superior Court and place the reports on its municipal website. Any plan evaluation report of the Housing Element and Fair Share Plan and monitoring prepared by the Special Master in accordance with N.J.A.C. 5:91 shall be available to the public at the Township Municipal Building, 16 Lanning Boulevard, East Windsor, NJ 08520.