Pompton Lakes City Zoning Code
ARTICLE XVI
Affordable Housing Set-Aside
§ 190-121 Mandatory set-aside.
[Added 12-4-2019 by Ord. No. 19-27]
A.
If Pompton Lakes permits the construction of multifamily or single-family attached residential development that is "approvable" and "developable," as defined at N.J.A.C. 5:93-1.3, of a residential development of five or more units and not within one of the redevelopment projects identified in the settlement agreement made between the Borough of Pompton Lakes and Fair Share Housing Center (signed July 3, 2019) ("Settlement Agreement"), the Borough shall require that an appropriate percentage of the residential units be set-aside for low- and moderate-income households, as defined by applicable state law or regulations. For inclusionary projects in which the low- and moderate-income units are to be offered for sale, the appropriate set-aside percentage is 20%; for projects in which the low- and moderate-income units are to be offered for rent, the appropriate set-aside percentage is 15%.
(1)
All affordable housing controls and standards are subject to the rules of the Council on Affordable Housing ("COAH") or any subsequent state agency. The development, marketing and sale of the affordable units shall be pursuant to applicable state regulations and Article XV, Affordable Housing, and any subsequent amendments thereto.
(2)
This requirement shall apply to any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, in any zone within Pompton Lakes, and proposed to construct five units or greater, whether permitted by a zoning amendment, a variance granted by Pompton Lakes' Planning Board or Board of Adjustment, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, outside the redevelopment areas identified in the settlement agreement made between the Borough of Pompton Lakes and Fair Share Housing Center (signed July 3, 2019).
(3)
This requirement shall not impose any obligation on a development, or the nonresidential portion of a mixed-use development, that is subject to the State Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1 et seq.
B.
Nothing in this section precludes Pompton Lakes from imposing an affordable housing set-aside requirement on a development that is not required to have an affordable housing set-aside pursuant to this section, when such imposition is consistent with N.J.S.A. 52:27D-311(h) and other applicable law.
C.
A property owner or applicant may not be permitted to subdivide a project into two lots and then make each of them a number of units just below the threshold as to avoid this affordable housing set-aside requirement.
D.
This affordable housing set-aside requirement shall not create any entitlement to a special dispensation or approval for a property owner or applicant for subdivision of site plan approval, a zoning amendment, use variance, or adoption of a redevelopment plan or amended redevelopment plan, or for approval of any particular proposed project.
E.
This requirement does not apply to any sites or specific zones for which other set-aside standards have been or will be established, either by zoning, subdivision or site plan approval, or an adopted redevelopment plan or amended redevelopment plan.
F.
If the Borough's 2019 settlement agreement or 2019 Housing Element and Fair Share Plan established set-aside standards for any specific sites or zones which are different from the set-aside standards set forth in this section, the set-asides established for those sites or zones in the settlement agreement or Housing Element and Fair Share Plan shall govern.