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Lyndhurst City Zoning Code

§ 21-20.3

Affordable Units Required for Residential Developments.

[Ord. #2678, § 21-20.3]
a. 
Inclusionary Development.
1. 
Mandatory Set-Aside.
(a) 
Within all district(s), any applicant for a residential development in the Township of Lyndhurst that includes four or more residential lots and/or dwelling units shall be required to provide the number of affordable housing units equivalent to 20% of the total number of market rate units which will result from the proposed development, with any decimal amount rounded to the next highest whole number. All residential lots and/or dwelling units created from sub portions of an original tract of land during the time period between January 1, (2008) and December 31, (2018) shall be added together for the purposes of this section provision, even if an individual subdivision and/or site plan created less than eight residential lots and/or dwelling units.
(b) 
In the case where the Planning Board of the Township of Lyndhurst has determined, due to site conditions or other factors which the planning board finds compelling, that the affordable housing obligation of a proposed development is incapable of being rounded to the next highest whole number, the secretary of the planning board shall serve notice of all relevant facts upon the clerk of the Township of Lyndhurst, with copies to all parties to the application for development. The developer shall be subject to subsection 21-20.7 ("Cash Contribution") below.
2. 
Requirements for Inclusionary Development.
(a) 
Developers shall fully integrate very-low-, low- and moderate-income units with the market units.
(b) 
Developers shall ensure that affordable units have access to all community amenities available to market-rate units that are subsidized in whole by association fees and utilize the same heating source as market units.
(c) 
Developers of new townhouse dwelling units shall ensure compliance with N.J.A.C. 5:97-3.14.
3. 
Compensatory Benefits to Developers. The Township of Lyndhurst shall permit a developer of an inclusionary development, for which affordable housing units are created on-site, one or more of the following incentives:
(a) 
Permissibility of alternate structure types (for example, duplex);
(b) 
Reduction in parking standards;
(c) 
Increases in permitted density;
(d) 
Waiver of sidewalk and/or tree requirements;
(e) 
Relief from regulatory requirements, if such relief will yield a cost reduction to the developer;
(f) 
Relief from single family zoning (duplex or triplex)
(g) 
Waiver or reduction of filing and other fees; tax abatements;
(h) 
Financial aid, loans or grants to subsidize affordable housing production; and
(i) 
Reduced requirements for setbacks, and/or height and/or stories, and/or lot widths and/or lot sizes, if necessary to accommodate affordable housing production.