Affordable units provided shall conform to the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and the regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA") including the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC") with the exception that in lieu of 10% of affordable units in rental projects being required to be affordable to households earning at or below 35% of the regional median household income by household size (N.J.A.C. 5:80- 26.3(d), 13% of all affordable units in either for-sale or rental projects shall be required to be affordable to households earning at or below 30% of the regional median household income by household size ("very-low income"), in conformance with N.J.S.A. 52:27D-329.1 (L.2008, c.46, s.7) and all other applicable law. All new construction units shall be adaptable in conformance with P.L.2005, c.350/N.J.S.A. 52:27D-311a and -311b and all other applicable law. If the required number of affordable units is an odd number, the additional unit must be a low-income unit. Example: the developer must construct 7 affordable units: 4 must be low-income units and 3 must be moderate-income units subject to the limitations set forth herein.

All affordable units shall comply with the Borough's pending Affordable Housing Ordinance to be approved by the Court.

There shall be a set-aside of at least 20% of the total units as affordable units that shall be developed on-site. In the event that 20% of the total number of residential units does not equal a full integer, the fractional number of units shall be rounded upward to provide one additional whole unit (e.g. 20% of 53 units = 10.6 units, round up to 11 units).

The developer shall have an obligation to deed restrict the Affordable Units as very low-, low-, or moderate-income affordable units for a period of at least thirty (30) years, until such time and under conditions as the Borough elects to release the deed restriction, so that the Borough may count the Affordable Units against its affordable housing obligation. The deed restrictions shall be recorded with the County Clerk, and a copy of the recorded deed shall be forwarded to the Borough Municipal Housing Liaison and Administrative Agent. Any sale of the property or units shall not affect the length or terms of the deed restriction.

The bedroom distribution of the affordable units shall be in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3.

The income distribution of the affordable units shall be in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3, and shall also provide for a 13% set-aside of very-low-income units as part of the income distribution per paragraph a above.

The inclusionary development will be designed to integrate the low- and moderate-income units with the market units. Affordable housing units shall be integrated within inclusionary housing buildings containing market rate units.

The residents of affordable family units shall have the same access to the same universally available interior and exterior amenities offered for the market-rate units. No mandatory amenity fees or fees for universally available amenities shall be required of any of the affordable housing units.

Non-residential development as part of any mixed commercial/residential development shall be subject to the provisions of Borough Code § 30-19.5.

The developer of any affordable units shall be responsible for retaining a qualified Administrative Agent at the developer's sole expense acceptable to the Borough or utilizing the Administrative Agent appointed by the Borough.