Any property in the Township of Mahwah that receives Board approval, a zoning change, density variance or approval of a redevelopment or rehabilitation plan to permit multi-family residential development, which multi-family residential development will yield five (5) or more new dwelling units, shall provide a minimum affordable housing set-aside of twenty (20%) percent as the Township is located in the Highlands Region.

This requirement shall not apply to residential development on sites that are zoned for inclusionary residential development as part of the Township's Housing Element and Fair Share Plan, which are subject to the affordable housing set-aside requirements set forth in the applicable zoning.

This requirement does not, and shall not be construed to, grant any property owner or developer the right to any rezoning, variance or other relief, nor does this requirement establish any obligation on the part of the Township of Mahwah to grant any such rezoning, variance or other relief.

A property shall not be permitted to be subdivided so as to avoid compliance with this requirement.

All affordable units created pursuant to this section shall be governed by the provisions of § 24-8, "Affordable Housing Regulations".