Deed restrictions memorializing at least thirty-year affordability controls shall be prepared on forms authorized in U.H.A.C. and submitted to the Township Attorney and Township Affordable Housing Administrator for review and approval. Deed restrictions shall be recorded by the applicant as a condition of site plan approval. No certificate of occupancy shall be issued until affordability controls have been recorded. In accordance with U.H.A.C. deed restrictions shall be for at least 30 years and until the municipality releases the deed restrictions by ordinance.

Phasing. Affordable housing construction and delivery shall conform to N.J.A.C. 5:92-10.4(c) and N.J.A.C. 5:93-5.6(d) to the extent practicable within the contours of the development contemplated.

Administration. The developer or the Township shall contract with a qualified and experienced administrative agent ("Administrative Agent") for the administration of the affordable units and the apartment developer/owner shall have the ongoing obligation to pay all costs associated with administration and properly deed restricting the affordable units in accordance with UHAC and other applicable laws for the Deed-Restriction Period. A draft contract with the administrative agent shall be submitted by the developer with the site plan application, which shall be subject to review and approval by the Land Use Board, Township Affordable Housing Administrator and Township Attorney and executed as a condition of any approval granted by the Board.

The developer and the Administrative Agent for the affordable units shall work with the Township and the Township's Affordable Housing Administrator regarding the affordable units and any affordable housing monitoring requirements imposed by COAH or the Court. The Administrative Agent shall prepare affordable housing periodic compliance reports on the affordable units to comply with State regulation, law and as required by the Court.

The developer and the administrative agent shall comply with all affirmative marketing requirements of UHAC and the Housing Resource Center legislation passed by the New Jersey Legislature (P.L. 2020. c. 51 (C.52:27D-321.3 et seq.)), effective November 1, 2020 that requires owners, developers, property managers and all other administrative entities responsible for the affirmative marketing of any affordable housing unit to post unit listings, applications, lottery announcements 60 days prior to a lottery and include a link to an on-line fillable application form and information to request a paper application, among other affirmative marketing requirements.

Income mix requirements for the affordable units. At least 50% of the units (14 units) shall be affordable to a combination of very-low-income and low-income households, while the remaining affordable units shall be affordable to moderate-income households. At least four of the affordable units shall be available to very-low-income households (defined as units affordable to households earning 30% or less of the regional median income by household size), which shall be distributed across the required bedroom mix (i.e. one 1-bedroom unit, two 2-bedroom units, and one 3-bedroom unit).

Bedroom mix for the affordable units. The developer shall comply with the requirements of UHAC with respect to the bedroom mix of the affordable housing units including the requirement that at least 20% of the affordable housing units are three-bedroom units, no more than 20% of the affordable housing units are one-bedroom units, and the remainder may be two-bedroom units. The developer shall require that the income mix be distributed across the bedroom sizes in accordance with UHAC.