Oradell City Zoning Code
ARTICLE IX
A Affordable Housing Mandatory Set-Aside
§ 240-9.13 Purpose; requirement.
A.
Purpose. This article is intended to ensure that any site that benefits from a subdivision or site plan approval, rezoning, use variance, redevelopment plan or rehabilitation plan approved by the Borough or a Borough Land Use Board that results in multifamily residential development of five dwelling units or more produces affordable housing at a set-aside rate of 20% for affordable for-sale units and at a set-aside rate of 15% for affordable rental units. This article shall apply except where inconsistent with applicable law.
B.
Mandatory set-aside requirement.
(1)
Any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, that is approved to contain five or more new dwelling units as a result of a subdivision or site plan approval, rezoning, use variance, redevelopment plan or rehabilitation plan approved by the Borough or a Borough land use board shall be required to set aside a minimum percentage of units for affordable housing.
(2)
For inclusionary projects in which the low and moderate units are to be offered for sale, the minimum set-aside percentage shall be 20%; for projects in which the low- and moderate-income units are to be offered for rent, the minimum set-aside percentage shall be 15%. Where the set-aside percentage results in a fractional unit, the total set-aside requirement shall be rounded upwards to the next whole number.
(3)
Nothing in this article precludes the Borough or a Borough land use board from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this article consistent with N.J.S.A. 52:27D-311(h) and other applicable law.
(4)
This requirement does not create any entitlement for a property owner or applicant for subdivision or site plan approval, a zoning amendment, use variance, or adoption of a redevelopment plan or rehabilitation plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
(5)
This requirement does not apply to any sites or specific zones for which higher set-aside standards have been or will be established, either by zoning, subdivision or site plan approval, or an adopted redevelopment plan or rehabilitation plan.
(6)
Furthermore, this requirement shall not apply to developments containing four or less new dwelling units.
(7)
If the Borough's settlement agreement with Fair Share Housing Center ("FSHC") dated June 18, 2018, or the Borough's 2018 Housing Element and Fair Share Plan establishes set-aside standards for any specific sites or zones which are different from the set-aside standards set forth in this article, the set-asides established for those sites or zones in the settlement agreement or Housing Element and Fair Share Plan shall govern.
(8)
Where a developer demolishes existing dwelling units and builds new dwelling units on the same site, the provisions of this section shall apply only if the net number of dwelling units is five or more.
(9)
All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section.