Pursuant to directives of the Superior Court in the third round affordable housing proceedings encaptioned In the Matter of the Township of Hopewell, Docket No. MER-L-1557-15 (Mount Laurel), if the Township or its land use Boards permit, either through future rezonings or the grant of variances, multi-family or single family attached development that is "approvable" and "developable" as defined in N.J.A.C. 5:93-1, et seq. at a gross density of six units to the acre or more, the Township and/or its land use Boards shall require that an appropriate percentage of the residential units shall be set-aside for low and moderate income households in accordance with N.J.A.C. 5:93-1, et seq. This requirement shall apply to any multi-family or single-family attached residential development, including the residential portion of a mixed- use project which consists of six or more new residential units, whether permitted by a zoning amendment, a variance granted by the Township's land use Boards, or adoption of a Redevelopment Plan or amended Redevelopment Plan in areas in need of redevelopment or rehabilitation. Nothing herein precludes the Township from imposing an affordable housing set-aside in a development not required to have a setaside pursuant to the provisions hereof consistent with N.J.S.A. 52:27D-311(h) and other applicable law. Consistent with N.J.A.C. 5:93-1, et seq., for inclusionary projects in which low and moderate income units are to be offered for "sale", the appropriate set-aside percentage is 20%; for inclusionary projects for which the low and moderate income units are to be offered for "rent", the appropriate set-aside percentage is 15%. This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a Redevelopment Plan or amended Redevelopment Plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project. This requirement does not apply to any sites or specific zones otherwise identified in judicially approved Settlement Agreements under Docket No. MER-L-1557-15 (Mount Laurel) or the Township's judicially approved third round Housing Element and Fair Share Plan (collectively "Compliance Plan"), for which density and set-aside standards shall be governed by the specific standards set forth therein. A property shall not be permitted to be subdivided so as to avoid meeting the above affordable housing requirement.

Affordable housing units being constructed on site or off site shall meet the requirements of the Hopewell Township's Affordable Housing Ordinance, and shall be in conformance with COAH's third round rules at N.J.A.C. 5:94-1 et seq. and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., including, but not limited to, requirements regarding phasing schedule, controls on affordability, low/moderate income split, heating source, maximum rent and/or sales prices, affordability average, bedroom distribution, and affirmative marketing.

To the greatest extent possible, affordable housing units being provided within inclusionary developments shall be disbursed throughout inclusionary developments and shall be located within buildings designed to be architecturally indistinguishable from the market-rate units otherwise being constructed within the development. To that end, the scale, massing, roof pitch and architectural detailing (such as the selection of exterior materials, doors, windows, etc.) of the buildings containing the affordable housing units shall be similar to and compatible with that of the market-rate units.

Single-family attached buildings in the form of semi-detached (side-by-side) units or duplex (over and under) units, triplex and quadplex buildings shall be deemed to be permitted uses in the underlying zone when created for the purpose of meeting the growth share obligation on site and shall conform to the bulk standards set forth in subsection 17-92d3.

Any payment in lieu amount shall be derived from the analysis of the subsidy required to create an affordable housing unit in Hopewell Township, which analysis shall be on file in the office of the planning board. The subsidy shall be adjusted annually based on the actual construction cost of an affordable housing unit, utilizing such indicators as the Consumer Price Index for housing, the NJ Department of Community Affairs construction indicators, or such other reliable source.

All payments in lieu of constructing affordable housing shall be deposited by Hopewell Township into an affordable housing trust fund to be established by Hopewell Township in conformance with regulations established by COAH and shall at all times be identifiable from development fees. These funds shall be used by Hopewell Township in accordance with regulations established by COAH to create new affordable housing opportunities within the physical boundaries of Hopewell Township.