All new development consisting of 25 or more units and constituting a dwelling net density of more than four units per acre shall be required to set aside mandatorily 20% of the dwelling units for the construction of low- and moderate-income housing in accordance with the provisions of this section.

The developer shall provide that half of the low- and moderate-income units constructed be affordable by low-income households including very-low-income households per N.J.S.A. 52:27D-329.1, and that the remaining half be affordable by moderate income households

Twenty percent of the low- and moderate-income units shall be three bedroom units.

Subdivision and site plan approval shall be denied by the Planning Board unless the developer complies with the requirements to provide low- and moderate-income housing pursuant to the provisions of this section. The Planning Board may impose any reasonable conditions to insure such compliance.

Within all zoning districts, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided that no increased density is permitted.

When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers shall be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units and the specified higher percentage of 6% of the equalized assessed value for the two additional units, provided that zoning on the site has not changed during the two-year period preceding the filing of such a variance application.

Affordable housing developments, developments where the developer is providing for off-site affordable housing units, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from the standard affordable housing development fees.

Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.

Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

Developers of residential structures demolished and replaced as a result of fire damage, flood or similar natural disaster shall be exempt from paying a development fee.

In accordance with N.J.A.C. 5:93-8.10(c) of COAH's Substantive Rules and as permitted by N.J.S.A. 52:27D-329.3, developers of inclusionary residential developments within the ARH Age-Restricted Housing zoning district shall make a payment to East Windsor Township in lieu of constructing the otherwise required set-aside of low- and moderate-income units in accordance with the following: